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KANSAS 

CONSTITUTIONAL  CONTENTION 


A  REPRINT  OF  THE  PROCEEDINGS  AND  DEBATES  OF  THE 

CONVENTION  WHICH  FRAMED  THE  CONSTITUTION 

OF  KANSAS  AT  WYANDOTTE  IN  JULY,  1859. 

"also   - 

The  Constitution  Annotated  to  Date, 
Historical  Sketches,  Etc. 


By  AuthoHUj  of  the  State  Legislature. 


PRINTKD    BY 

KANSAS   STATE    PRIXTIXG    PLANT 
I.MRi   Zi  MWALT,  State   Pkintkr 

TOPEKA 

1920 

8-778 


Compiled,  under  the  direction  of  State  Librarians  James 
L.  King  and  Winfield  Freeman,  hy  Harry  G.  Larimer,  bill- 
drafter  and  chief  of  legislative  reference  library. 


TABLE  OF  CONTENTS. 


PAGES. 

Authority  for  Reprinting  the  Proceedings 4 

'OREWORD   5-    6 

E  Historic  Peace  Act  and  the  Convention  Act 7-11 

P  >oceedings  and  Debates  of  the  Convention 13-573 

The  Constitution  Adopted  by  the  Convention 574-592 

Appendix  A. 

Amendments    and    Convention    Proposals    Submitted    since    the 
Adoption  of  the  Constitution: 

1.  Amendments  Adopted   593-594 

2.  Amendments  Pending  (determined  by  the  election  of 

1920)    594-596 

3.  Amendments  Rejected  594-596 

4.  Constitutional  Convention  Proposals 594-596 

5.  Amendments  Proposed — Popular  Vote 595 

Appendix  B. 

Constitution  with  Amendments  Incorporated  and  Annotated  to 

date    597-651 

Appendix  C. 

History  of  the  Wyandotte  Constitutional  Convention: 

1.  The  Wyandotte  Constitution,  by  Benjamin  F.  Simpson. .  .  652-662 

2.  The  Wyandotte  Constitutional  Convention,  bv  John  A. 

Martin  (Appendix  C-2) .'. 663-675 

Appendix  D. 
Sources  of  the  Constitution: 

1.  Sources    of    the    Constitution    of    Kansas,    by    Rosa    M. 

Perdue 676-696 

2.  The  Sources  of  the  Wyandotte  Constitution,  by  Robert 

Stone  (Appendix  D-2) 697-700 

Appendix  E. 
The  Rejected  Constitutions,  by  T.  Dwight  Thacher 701-713 

Bibliography:  Appendix  F. 

1.  Conventions  and  Constitutions 715-724 

2.  Biographical   724-727 

Indexes  72!t-77] 

(3) 


AUTHORITY  FOR  REPRINTING  THE  PROCEEDINGS 

OF  THE  WYANDOTTE   CONSTITUTIONAL 

CONVENTION. 


Chapter  317,  Laws  of  1919 — Senate  Joint  Resolutiox  Xo.  3. 

RELATlxr;   to    the   i-eprinting,    indexing,    binding:    and    distribution    of    the   pioceedings   and 
debates  of  the  Kansas  "Wyandot  (Wyandotte)  Constitutional   Convention. 

Whereas,  There  are  but  five  or  six  copies  of  the  proceedings  and  debates 
of  the  constitutional  convention  by  which  Kansas  entered  the  sisterhood  of 
states  in  existence;  and 

Whereas,  There  ig  but  one  of  these  copies  in  the  state  Hbrary  and  that 
one,  on  account  of  its  rarity  and  vahie,  must  be  kept  locked  in  a  vault;  and 

Whereas,  These  proceedings  should  be  made  accessible  to  the  constantly 
increasing  number  of  scholars,  publicists,  statesmen,  historians,  and  jurists: 
now,  therefore,  be  it 

Resolved  by  the  Legislature  of  the  State  of  Kansas: 

Section  1.  That  the  state  librarian  is  directed  to  prepare  and  furnish  to 
the  state  printer  an  exact  copy  of  such  proceedings  with  footnotes  calling 
attention  to  typographical  mistakes  occurring  in  the  text,  with  appendixes 
consisting  of:  The  constitution  as  originally  adopted;  the  constitution  as 
annotated  to  date;  a  historical  review,  prepared  by  the  librarian,  of  each 
amendment  submitted  to  the  constitution  to  date,  -mth  a  systematic,  scien- 
tific and  complete  table  of  contents  and  index  thereto,  together  with  such 
instructions  as  he  may  see  fit  to  make  as  to  the  type,  arrangement,  size 
and  binding  of  the  reprinted  volume. 

Sec.  2.  That  the  state  printer  shall  print,  bind  and  furnish  to  the  state 
librarian,  at  as  early  a  date  as  possible,  fifteen  hundred  copies  of  such  re- 
print substantially  and  enduringly  boimd  in  sheep  or  buckram,  or  part  in 
sheep,  and  part  in  buckram,  as  the  state  librarian  may  determine. 

Sec.  3.  That  upon  the  receipt  of  such  reprinted  volumes  the  state  li- 
brarian shall  distribute  the  same  as  follows:  One  copy  to  every  member  of 
each  house  of  the  state  legislature;  one  copy  to  each  department  of  stkte 
having  offices  in  the  state  house ;  one  copy  to  every  member  of  the  supreme 
court;  one  copy  each  to  the  clerk  and  report  (reporter)  of  the  supreme 
court;  five  copies  to  the  attorney-general's  office;  five  copies  to  the  State 
Historical  Society;  one  copy  to  every  district  court  in  the  state;  one  copy 
to  every  board  of  county  commissioners  in  the  state;  one  cop3^  to  every 
public  library  in  the  state;  one  copy  to  every  state  institution;  one  copy  to 
every  law  school  in  the  state;  one  copy  to  every  state  library  in  the  United 
States;  two  copies  to  the  Department  of  .Justice  of  the  United  States;  two 
copies  to  the  Library  of  Congress  of  the  United  States;  one  copy  each  to 
the  .iudge  and  attorney  of  the  federal  judicial  district  of  Kansas.  The  li- 
brarian shall  reserve  one  hundred  copies  for  exchange  purposes  with  legis- 
lative reference  and  bill-drafting  departments,  or  other  public  agencies  of 
other  states  of  the  Union;  shall  i^iace  ten  copies  in  the  permanent  files  of 
the  library;  and  shall  reserve  the  remainder  to  be  sold  by  him  to  persons 
applying  therefor,  at  S2  per  volume,  i)lus  transportation  charges. 

Sec.  4.  That  this  resolution  shall  take  efi'ect  and  be,  in  force  from  and 
after  its  publication  in  the  official  state  paper. 

Approved  March  7.   1919. 

Published  in  oftii-ial  state  paper  March   13,   1919. 

(4) 


FOREWORD. 


Under  my  supervision,  the  State  Library  staff  compiled  this  volume  in 
obedience  to  the  authority  conferred  by  act  of  the  Legislature  at  its  regular 
session  in  1919. 

To  the  proceedings  of  the  Wyandotte  Constitutional  Convention,  re- 
printed on  the  convention's  order  by  its  official  reporter  from  the  Com- 
mercial  Gazette,  I  have  thought  it  wise  and  helpful,  because  of  the  ex- 
tended and.  at  times,  acrimonious  debate  over  the  membership  of  the 
convention,  to  reproduce  the  territorial  act  authorizing  its  proceedings, 
and  to  add  six  appendixes. 

"Appendix  A,"  in  five  tables,  is  concerned  with  the  amendments  and 
convention  proposals  submitted  subsequent  to  the  adoption  of  the  consti- 
tution, and  shows:  the  year  submitted;  the  section  and  article  of  the  con- 
stitution to  be  amended ;  the  number  of  the  amended  section  as  it  appears 
in  the  General  Statutes  of  1915;  a  condensed  statement  of  the  subject- 
matter  of  the  proposed  amendment ;  the  popular  vote  by  which  the  propo- 
sition was  adopted  or  rejected,  and  other  special  information  concerning 
the  amendment  and  its  relation  to  other  amendments  and  to  the  constitu- 
tional history  of  the  state. 

"Appendix  B"  reproduces  the  constitution  with  the  amendments  incor- 
porated, annotated  with  the  decisions  of  the  Supreme  Court  to  its  adjourn- 
ment in  July,  1919.  The  annotations  of  the  General  Statutes  of  1915  have 
been  retained,  followed  by  others  upon  decisions  rendered  since  the  publica- 
tion of  that  compilation. 

"Appendix  C"  consists  of  two  articles  dealing  with  the  history  of  the 
convention  that  framed  the  constitution.  The  first  article  was  written  by 
Hon.  B.  F.  Simpson,  a  member  of  the  convention,  and  afterwards  Commis- 
sioner of  the  Supreme  Court,  and  the  other,  by  Hon.  John  A.  Martin, 
secretary  of  the  convention,  and  twice  governor  of  the  state. 

"Appendix  D"  treats  of  the  sources  of  the  constitution  in  two  articles, 
one  written  by  Rosa  M.  Perdue,  formerly  connected  with  the  State  Univer- 
sity, and  the  other  by  Hon.  Robert  Stone,  an  ex-speaker  of  the  Kansas 
House  of  Representatives. 

"Appendix  E"  is  a  historical  sketch  of  the  first  three  attempts  at  con- 
stitution-making in  the  Territory  of  Kansas.  These  essays  were  named  the 
Topeka,  Leavenworth  and  Lecompton  Constitutions,  from  the  respective 
cities  in  which  the  conventions  held  their  sessions.  The  sketch  was  the  pro- 
duction of  Hon.  T.  Dwight  Thacher,  afterward  a  state  printer  of  Kansas. 

"Appendix  F"  is  a  bibliography  of  the  material  accessible  in  the  Kansas 

(5) 


6  Foreword. 

State  Library  for  a  study  of  the  state's  constitution  and  of  the  men  who 
hewed  out  and.fitted  together  the  timbers  of  our  organic  law. 

The  articles  by  Messrs.  Simpson  and  Thacher.  and  by  ]Miss  Perdue  are 
reprinted  from  the  "Kansas  Historical  Collections"  by  the  permission  of  the 
State  Historical  Society. 

The  excerpt  from  Mr.  Stone's  article  is  taken  from  Vol.  2,  "Kansas 
and  Kansans,"  and  is  republished  here  through  the  courtesy  of  the  editor, 

Hon.  William  E.  Connelley. 

Governor  ]\Iartin's  contribution  is  found  in  a  volume  entitled  "Ad- 
dresses,"' printed  by  him  for  private  circulation. 

ja:\ies  l.  king, 

State  Librarian. 
ToPEKA,  September  1,  1919. 


The  compilation  of  this  volume  was  finished  and  the  first  sisnatures  were 
in  print  at  the  date  of  the  death  of  ]Mr.  James  L.  King,  since  which  time  the 
work  has  been  reexamined  and  additional  references  to  authorities  made. 

WIXFIELD  FREEMAX. 

State  Librarian. 
ToPEKA,  May  1,  1920. 


THE  HISTORIC  PEACE  ACT  AND  THE 
CONVENTION  ACT. 


The  fifth  session  of  the  Kansas  Territorial  Assembly,  convened  in  Le- 
compton,  and  concluded  at  Lawrence,  during  the  months  of  January  and 
February,  1859,  enacted  "the  Peace  Act,"  unique  in  the  annals  of  American 
statutory  law,  and  also  the  statute  which  resulted  in  the  formation  and 
adoption  of  the  state  constitution  and  the  organization  of  the  state  govern- 
ment thereunder.  Although  not  printed  in  the  Gazette,  the  editor  pre- 
sents the  texts  of  both  acts  as  explanatory  of  the  long-continued  debate  on 
the  membership  of  the  convention,  and  showing  the  source  of  the  '"Sched- 
ule" attached  to  the  constitution.  (See  discussions  on  pages  32-33,  40-52, 
53-54,  57-66,  and  the  "Schedule."  pages  200-203.  4S2-497,  507-508.) 

THE  PEACE  ACT. 

Section'  1.  That  no  criminal  offense  heretofore  committed  in  the  coun- 
ties of  Lykins.  Linn.  Bourbon,  McGee.  Allen  and  Anderson,  growing  out  of 
any  pohtical  differences  of  opinion,  or  arising,  in  any  way,  from  such  politi- 
cal differences  of  opinion,  shall  be  subject  to  any  prosecution,  on  any  com- 
plaint or  inchctment,  in  any  court  whatsoever  in  this  Territory. 

Sec.  2.  That  all  criminal  actions  now  commenced,  growing  out  of  po- 
litical differences  of  opinion,  shall  be  dismis.sed. 

CONSTITUTIONAL  CONVENTION  ACT. 
Chapter  XXXL,  L.\ws  1859  (Territorial). 

AN  ACT  providing  for  the  formation  of  a  Constitution  and  State  Government  for  the 

State  of  Kansas. 

Be  it  Enacted  by  the  Governor  and  Legislative  Assenibhj  of  the  Territory 
of  Kansas  : 

Section-  1.  That  an  election  .^hall  be  holden  in  the  several  voting  pre- 
cincts in  the  Territory  of  Kansas,  on  the  fourth  Monday  of  ]\Iarch,  a.  d. 
1859,  at  which  the  qualified  electors  of  the  said  Territory  shall  determine 
for  or  again.st  the  formation  of  a  Constitution  and  State  Government  for 
the  State  of  Kansas,  in  the  following  manner,  to  wit:  All  legal  voters  under 
the  provisions  of  this  act,  who  may  be  in  favor  of  the  formation  of  a  Con- 
stitution and  State  Government,  ,«hall  be  entitled  to  vote  a  written  or 
printed  ballot,  inscribed  "For  a  Constitution":  and  all  legal  voters  as 
aforesaid,  who  may  be  opposed  to  the  formation  of  a  Constitution  and 
State  Government,  shall  be  entitled  to  vote  a  written  or  printed  ballot, 
inscribed  "Against  a  Constitution." 

Sec.  2.  That  if.  upon  counting  the  returns  of  said  election,  in  the  man- 
ner hereinafter  prescribed,  it  shall  be  found  that  a  majority  of  the  legal 
voters  of  said  Territory  shall  have  voted  "against"  the  formation  of  a  Cou- 

(7) 


8  Constitutional  Convention  Act. 

stitution  and  State  Government,  the  Governor  of  the  Territory  shall  issue 
his  proclamation  in  accordance  with  the  facts,  and  that  the  remaining  pro- 
visions of  this  act  shall  be  inoperative  and  void;  but  if,  upon  counting  the 
returns  of  said  election,  in  the  manner  hereinafter  prescribed,  it  shall  be 
found  that  a  majority  of  the  legal  voters  of  said  Territory  shall  have 
voted  "for"  the  formation  of  a  Constitution  and  State  Government,  the 
Governor  of  the  Territory  shall  issue  his  proclamation  in  accordance  with 
the  facts,  and  that  the  remaining  provisions  of  this  act  shall  remain  in  full 
force  and  effect. 

Sec.  3.  That  an  election  shall  be  holden  on  the  first  Tuesday  of  June, 
A.  D.  1859,  in  the  several  voting  precincts  in  the  Territory  of  Kansas,  for 
delegates  to  a  convention  to  frame  a  Constitution  and  State  Government 
for  the  State  of  Kansas. 

Sec.  4.  That  said  convention  shall  be  composed  of  fifty-two  members, 
to  be  apportioned  among  the  several  districts  of  the  Territory  as  follows, 
to  wit:  The  county  of  Leavenworth  shall  constitute  the  first  district,  and 
shall  elect  ten  delegates ;  the  county  of  Atchison  shall  constitute  the  second 
district,  and  shall  elect  three  delegates;  the  county  of  Doniphan  shall  con- 
stitute the  third  district,  and  shall  elect  five  delegates ;  the  county  of  Brown 
shall  constitute  the  fourth  district,  and  shall  elect  one  delegate;  the  county 
of  Nemaha  shall  constitute  the  fifth  district,  and  shall  elect  one  delegate; 
the  counties  of  Marshall,  Washington  and  Arappahoe  shall  constitute  the 
sixth  district,  and  elect  one  delegate;  the  county  of  Jefferson  shall  con- 
stitute the  seventh  district,  and  shall  elect  one  delegate;  the  county  of 
Calhoun  shall  constitute  the  eighth  district,  and  shall  elect  one  delegate; 
the  county  of  Riley  shall  constitute  the  ninth  district,  and  shall  elect  one 
delegate;  the  comity  of  Pottawattamie  shall  constitute  the  tenth  district, 
and  shall  elect  one  delegate;  the  county  of  Johnson  shall  constitute  the 
eleventh  district,  and  shall  elect  two  delegates ;  the  county  of  Douglas  shall 
constitute  the  twelfth  district,  and  shall  elect  seven  delegates;  the  county 
of  Shawnee  shall  constitute  the  thirteenth  district,  and  shall  elect  three 
delegates;  the  counties  of  Richardson,  Davis,  Dickinson  and  Clay  shall 
constitute  the  fourteenth  district,  and  shall  elect  one  delegate;  the  county 
of  Lykins  shall  constitute  the  fifteenth  district,  and  shall  elect  two  dele- 
gates; the  county  of  Franklin  shall  constitute  the  sixteenth  district,  and 
shall  elect  one  delegate ;  the  counties  of  Weller,  Breckenridge  and  Wise  shall 
constitute  the  seventeenth  district,  and  shall  elect  two  delegates;  the  county 
of  Linn  shall  constitute  the  eighteenth  district,  and  shall  elect  two  dele- 
gates; the  county  of  Anderson  shall  constitute  the  nineteenth  district,  and 
shall  elect  one  delegate;  the  counties  of  Coffey  and  Woodson  shall  con- 
stitute the  twentieth  district,  and  shall  elect  two  delegates;  the  counties  of 
Madison,  Butler,  Hunter,  Greenwood,  Godfrey  and  Wilson  shall  constitute 
the  twenty-first  district,  and  shall  elect  one  delegate;  the  counties  of  Bour- 
bon, McGee  and  Dorn  shall  constitute  the  twenty-second  district,  and  shall 
elect  two  delegates;  the  county  of  Allen  shall  constitute  the  twenty-third 
district,  and  shall  elect  one  delegate. 

Sec.  5.  That  the  delegates,  elected  under  the  provisions  of  this  act,  shall 
assemble  at  Wyandott,  on  the  first  Tuesday  of  July,  a.d.  1859,  and  shall 
proceed  to  frame  a  Constitution  and  provide  for  the  organization  of  a  State 
Government  for  the  State  of  Kansas. 

Sec.  6.  That  on  the  first  Tuesday  of  October,  a.  d.  1859,  the  Constitu- 
tion thus  framed  shall  be  submitted  to  a  tlirect  vote  of  the  qualified  electors 
of  the  Territory  of  Kansas,  for  their  ratification  or  rejection,  in  such  manner 
and  form  as  the  said  convention  may  prescribe. 


Constitutional  Convention  Act.  9 

Sec.  7.  That,  in  case  the  Constitution,  thus  framed  and  submitted, 
shall  be  ratified  by  a  majority  of  the  electors  of  said  Territory,  then  an 
election  shall  be  holden  on  the  first  Tuesday  of  December,  a.d.  1859,  at 
which  State  officers,  members  of  the  State  Legislature,  judges,  and  all  other 
officers  provided  for  under  said  Constitution,  shall  be  elected. 

Sec.  S.  That  it  shall  be  the  duty  of  said  convention,  in  case  said  Con- 
stitution shall  be  ratified  by  a  majority  of  the  electors  voting  at  the  afore- 
said election,  to  provide  for  its  transmission  to  the  Congress  of  the  United 
States,  asking,  by  memorial  or  otherwise,  for  the  admission  of  Kansas  into 
the  Union,  under  said  Constitution,  as  a  sovereign  and  independent  State. 

Sec.  9.  That,  upon  official  information,  having  been  by  him  received, 
of  the  admission  of  Kansas  into  the  Union  as  a  State,  it  shall  be  the  duty 
of  the  Governor-elect  under  said  Constitution  to  proclaim  the  same,  and 
to  convene  the  General  Assembly  of  the  State  of  Kansas,  and  do  all  things 
else  necessary  to  the  complete  and  active  organization  of  the  State  Govern- 
ment. 

Sec.  10.    That  all  the  elections  provided  for  by  this  act  shall  be  by  l)allot. 

Sec.  11.  That  all  white  male  citizens  of  the  United  States,  and  all  those 
who  shall  have  declared,  on  oath,  their  intention  to  become  such,  and  all 
male  Indians  who  have  l^een  made  citizens  of  the  United  States,  by  treaty 
or  otherwise,  and  who  shall  be  over  the  age  of  twenty-one  years,  and  who 
shall  have  been  bona  fide  inhabitants  of  the  Territory  of  Kansas,  for  the 
period  of  six  months  next  preceding  each  of  the  respective  elections  pro- 
vided for  by  this  act,  and  who  shall  have  been  bona  fide  inhabitants  of  the 
county  in  which  they  may  offer  to  vote  for  ten  days  next  preceding  each 
of  the  respective  elections  aforesaid,  and  none  others,  shall  be  entitled  to 
vote  at  the  several  elections  hereinbefore  provided  for:  Provided,  That  no 
officer,  soldier,  seaman  or  marine,  or  other  person  in  the  army  or  navy  of 
the  United  States,  or  attached  to  the  troops  in  the  service  of  the  United 
States,  shall  be  allowed  to  vote  or  hold  office  under  the  provisions  of  this 
act,  by  reason  of  being  on  service  in  thig  Territory. 

Sec.  12.  That  any  person,  having  the  qualifications  of  an  elector  as 
aforesaid,  shall  be  eligible  to  become  a  delegate  to  the  convention  provided 
for  by  this  act. 

Sec.  13.  That  the  persons  who  may  be  judges  of  election  in  the  several 
voting  precincts  of  this  Territor\^,  at  the  time  of  the  respective  elections 
provided  for  in  this  act,  shall  be  the  judges  of  the  several  respective  elec- 
tions hereinbefore  provided  for. 

Sec.  14.  That  the  said  judges  of  election,  before  entering  upon  the 
duties  of  their  office,  shall  take  an  oath  faithfully  to  discharge  their  duties 
as  such.  Said  oath  shall  be  administered  to  them  by  any  person  duly 
qualified  by  law  to  administer  oaths ;  and,  in  case  no  person  thus  qualified 
shall  be  present  at  the  time  of  opening  said  elections,  then  said  judges  are 
hereby  authorized  and  required  to  administer  such  oath  to  each  other. 
They  shall  appoint  two  clerks  of  election,  who  shall  also  be  sworn,  by  said 
judges,  faithfully  to  discharge  their  duties  as  such.  In  the  e\-ent  of  any 
vacancy  or  vacancies  occurring  in  the  board  of  judges,  the  hystantlers  shall 
supply  such  vacancy  or  vacancies  from  their  own  number. 

Sec.  15.  That,  at  the  several  elections  provided  for  in  this  act,  the  polls 
shall  be  opened  between  the  hours  of  nine  and  ten  o'clock  a.m.,  and  shall 
be  kept  open  until  and  closed  at  sunset. 

Sec.  16.  That  the  tribunals  transacting  county  bushiess  of  the  several 
counties,  shall  cause  to  be  furnished  to  the  several  boards  of  judges  m  tlieir 


10  COXSTITUTIOXAL    CONVENTION    ACT. 

respective  counties,  two  poll  books  for  each  election  hereinbefore  provided 
for,  upon  which  the  clerks  of  election  shall  inscribe  the  name  of  every 
person  who  may  vote  at  the  said  elections. 

Sec.  17.  That,  after  the  closing  of  the  polls  at  each  of  the  aforesaid 
elections,  the  judges  of  such  election  shall  proceed  to  count  the  votes  cast, 
and  designate  the  persons  or  objects  for  which  they  were  cast;  and  shall 
make  two  correct  tally  lists  of  the  same. 

Sec.  is.  That  each  of  the  boards  of  judges  shall  hold  in  safe  keeping 
one  poll  book  and  tally  list,  and  the  ballots  cast  at  each  respective  election; 
and  shall,  within  ten  days  after  such  election,  inclusive,  cause  the  other 
poll  book  and  tally  hst  to  be  transmitted,  by  the  hands  of  a  sworn  officer, 
to  the  clerk  of  the  tribunal  transacting  county  business  of  the  counties  in 
which  said  elections  were  holden,  or  to  which  the  county  may  be  attached 
for  municipal  purposes. 

Sec.  19.  That  the  tribunals  transacting  county  business  shall  assemble 
at  the  county  seats  of  their  respective  counties,  on  the  second  Tuesday 
after  each  of  said  elections,  and  shall  canvass  the  votes  cast  at  the  elections 
held  in  the  several  precincts  in  their  respective  counties,  and  of  the  counties 
attached  for  municipal  purposes.  They  shall  hold,  in  safe  keeping,  the  poll 
books  and  tally  lists  of  said  elections,  and  shall,  within  ten  days  thereafter, 
transmit,  by  the  hands  of  a  sworn  officer,  to  the  governor  of  the  Terri- 
tory, a  certified  abstract  of  the  same,  showing  the  number  of  votes  cast  for 
each  person  or  object  voted  for,  at  each  of  the  several  precincts  in  their 
respective  counties,  and  at  each  of  the  several  precincts  in  the  counties 
attached  for  municipal  purposes,  separately. 

Sec.  20.  That  the  governor  of  the  Territory  shall  issue  his  proclama- 
tion, not  less  than  twentv  days  next  preceding  each  respective  election 
provided  for  in  this  act.  Said  proclamation  shall  contain  an  announcement 
of  the  several  elections,  the  qualification  of  electors,  the  manner  of  conduct- 
ing said  elections,  and  of  making  the  returns  thereof  as  hereinbefore  pro- 
vided for,  and  shall  publish  such  proclamation  in  one  newspaper  in  each  of 
the  several  counties  of  this  Territory,  in  which  a  newspaper  may  be  then 
published. 

Sec.  21.  That  the  governor  of  the  Territory  shall,  on  the  fourth  Tues- 
day after  each  of  the  said  elections,  issue  his  proclamation  and  cause  the 
same  to  be  published  in  not  less  than  three  of  the  most  prominent  news- 
papers of  Kansas  Territory,  declaring  the  result  of  the  said  elections  in  the 
several  precincts  of  the  several  counties  of  the  Territory  of  Kansas;  and  he 
shall  forthwith  proceed  to  issue  certificates  of  election  to  all  persons  (if 
any)  thus  elected. 

Sec.  22.  That  in  case  of  a  tie  vote  between  candidates  for  any  of  the 
offices  provided  for  in  this  act,  or  in  case  of  a  vacancy  by  death,  resignation 
or  otherwise,  the  governor  of  the  Territory  shall  issue  his  proclamation  for 
a  new  election  in  the  district  in  which  such  tie  or  vacancy  may  occur;  said 
proclamation  to  be  issued  not  less  than  ten  days  next  preceding  said 
election. 

Sec.  23.  That  if  any  officer  or  person  i^hall  violate  any  of  the  provisions 
of  this  act,  he  shall  l^e  deemed  guilty  of  .m  misdemeanor,  and  subject  to  a 
fine  of  not  less  than  twenty  nor  more  than  five  hundred  dollars,  or  shall  be 
imprisoned  in  the  county  jail,  for  a  period  not  exceeding  ten  years,  or  both, 
at  the  discretion  of  the  court;  and  it  shall  be  the  duty  of  the  prosecuting 
attorneys  of  the  several  counties,  to  i)rosecute,  in  the  name  and  behalf  of 
the  Territory,  all  violations  of  the  ])rovisions  of  this  act,  before  any  court 
having  competent  jurisdiction. 


CONSTITUTIOXAL    COXVKXTIOX    ACT.  11 

Sec.  24.  That  the  members  of  said  constitutional  convention,  and  all 
necessary  officers  thereof,  shall  receive  for  their  services,  each,  the  sum 
of  three  dollars  per  day;  and  shall  also  receive  three  dollars  for  every 
twenty  miles  travel  in  going  to  and  returning  from  said  convention;  said 
travel  to  be  estimated  by  the  nearest  traveled  route. 

Sec.  25.  That  the  sum  of  ten  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary  to  carry  out  the  provisions  of  this  act,  be  and  the  same 
is  hereby  appropriated  out  of  any  moneys  in  the  treasury,  not  otherwise 
appropriated,  to  defray  the  necessary  expenses  incident  to  the  formation 
of  said  Constitution  and  State  Government. 

Sec.  26.  This  act  to  take  effect  and  be  in  force  from  and  after  its 
passage. 


PROCEEDINGS  AND  DEBATES, 

EMBRACING  THE  SECRETARY'S  JOURNAL, 

OF  THE 

KANSAS 

CONSTITUTIONAL  CONVENTION, 


CONVENED    AT    WYANDOT,    JULY    5,    1859,  UNDER  THE  ACT  OF  THE  TERRITO- 
RIAL    LEGISLATURE     ENTITLED     "AN     ACT    PROVIDING    FOR    THE 
FORMATION    OF    A    STATE   GOVERNMENT   FOR   THE   STATE 
OF    KANSAS."     APPROVED     FEBRUARY     11,     1859. 


By  Ariel  E.  Drapier,  Reporter. 


PRINTED  BY  ORDER  OF  THE  CONVENTION,  FROM  THE  COLUMNS  OF 

The  Commercial  Gazette. 


WYANDOT,  KANSAS: 

S.  D.  MACDONALD,  Printer  to  the  Convention. 

1859. 


MEMBERS  OF  THE  CONSTITUTIONAL  CONVENTION. 


Names. 


County. 


P.O. 


Where  Born. 


Age.      Avocation. 


J.  M.  Arthur 

J.  Lamb 

Caleb  May  .  ^ 

S.  A.  Kingman 

J.  J.  Ingalls 

J.  P.  Greer 

R.  L.  Williams 

J.  A.  MiDDLETON 

B.  F.  Simpson 

P.  H.  TOWNSEND . . . . 

H.  D.  Preston 

J.  C.  Burnett 

W.  R.  Griffith 

N.  C.  Blood 

T.  S.  Wright 

G.  H.  Lillie 

S.  E.  Hoffman 

A.  Crocker 

L.  R.  Palmer 

J.  J.  Blunt 

J.  Hanway 

W.  Hutchinson  .  .  .  . 

J.  Blood 

S.  O.  Thacher 

Ed.  Stokes 

S.  D.  Houston 

J.  P. Slough 

W.  McCullough  .  .  . 

C.  B.  McClelland.  . 

J.  W.  FORMAN 

J.  Stiarwalt 

E.  M.  Hubbard 

P.  S.  Parks 

F.  Brown 

S.  Hipple 

S.  T.  Stinson 

Wm.  C.  McDowell 

A.  D.  McCune 

John  Wright 

W.  Perry 

R.  C.  Foster 

RoBT.  Graham 

J.  T.  Barton 

E.  Moore 

B.  Wrigley 

W.  P.  Button 

J.  Ritchie 

E.  G.  Ross 

J.  H.  SiGNOR 

R.  J.  Porter 

J.  M.  Winchell.  . . . 


J.  T.  BuRRis Johnson 


Linn 

Linn 

Atchison 

Brown 

Atchison 

Shawnee 

Douglas 

Marshall 

Lykins 

Douglas 

Shawnee 

Bourbon 

Bourbon 

Douglas 

Nemaha 

Madison 

Woodson      , 

Coffey 

Pottawatomie 

Anderson 

Franklin 

Douglas 

Douglas 

Douglas 

Douglas 

Riley 

Leavenworth . 

Morris 

Jefferson 

Doniphan ... 

Doniphan 

Doniphan 

Leavenworth. 
Leavenworth. 
Leavenworth. 
Leavenworth. 
Leavenworth. 
Leavenworth. 
Leavenworth. 
Leavenworth. 
Leavenworth. 

Atchison 

Johnson 
Jackson 

Doniphan 

Lykins 

Shawnee 

Waubonse        . 

Allen 

Doniphan 

Osage 


Centerville . .  .  . 
Mound  City.. . 

Pardee 

Hiawatha 

Sumner 

Topeka 

Franklin 

Nottingham. . . 

Paola 

Big  Springs  .  . 
Burlingame .  .  . 

Mapleton 

Marmaton .  .  .  . 
Baldwin  City. . 

Granada 

Emporia 

Neosho 

Burlington.  .  .  . 

Louisville 

Walker 

Shermanville.  . 

Lawrence 

Lawrence 

Lawrence 

Clinton 

Manhattan..  .  . 
Leavenworth.  . 
Council  Grove, 

Oskaloosa 

Doniphan 

Palermo 

Highland    .  .  .  . 

Kiekapoo 

Leavenworth .  . 
Leavenworth .  . 
Leavenworth. 
Leavenworth. 
Leavenworth .  . 
Leavenworth 
Leavenworth.  . 

Delaware 

Atchison 

Olathe 

Holton 

Troy 

Stanton    

Topeka 

Glenross 

Humboldt         . 

Troy 

Superior 

Olathe 


Indiana 42 

Indiana 42 

Kentucky 44 

Massachusetts 38 

Massachusetts ,  34 

Ohio !  38 

Kentucky !  42 

Pennsylvania 25 

Ohio '  23 

New  Hampshire ...    33 
New  Hampshire ...  I  28 

Vermont |  34 

39 
42 
50 


Indiana 

Vermont 

Pennsylvania . . . 

Ohio [  35 

Pennsylvania 25 

Indiana 34 

40 
33 
49 
35 
39 
28 


New  York 

Maine 

England 

Vermont 

Vermont 

New  York 

Pennsylvania 35 

Ohio 40 

Ohio !  30 

Scotland !  44 

Ohio I  30 

Kentucky '  40 

Ohio !  45 

Kentucky '  30 

Indiana '  26 

Germany 33 

Pennsylvania 28 

Maine 26 

Ohio :  31 

Ohio I  31 

Indiana 33 

Indiana ,  28 

Kentucky 24 

Ireland 55 

Virginia 28 

Ohio I  38 

Ohio j  29 

New  Hampshire  .  .  . '  42 

Ohio 41 

Ohio 32 

New  York ;  25 

Pennsylvania 28 

New  York i  35 

Ohio I  28 


Farmer. 

Mechanic. 

Farmer. 

Lawyer. 

Law  yer. 

Lawyer. 

Merchant. 

Lawyer. 

Lawyer. 

Lawj-er. 

Farmer. 

Farmer. 

Farmer. 

Merchant. 

Lawyer. 

Lawyer. 

Lawyer. 

Farmer. 

Physician. 

Physician. 

Farmer. 

Farmer. 

Merchant. 

Lawyer. 

Manufacturer. 

Farmer. 

Lawj'er. 

Farmer. 

Merchant. 

Merchant. 

Farmer. 

Merchant. 

Lawyer. 

Manufacturer. 

Land  Agent. 

Lawyer. 

Lawyer. 

Farmer. 

Farmer. 

Lawyer. 

Lawyer. 

Merchant. 

Physician. 

Manufacturer. 

Lawyer. 

Farmer. 

Farmer. 

Printer. 

Surveyor. 

Merchant. 

Farmer. 

Lawyer. 


President J.  M.  WINCHELL. 

Secretary — J.  A.  Martin,  of  Atchison  County,  Post-office  address,  Atchison;  born  Pennsylvania; 

aged  21;  Editor. 
Sergeant-at-Arms — G.  F.  Warren,  of  Douglas  County;  Post-office  address,  Baldwin  City;  born 

Maine;  Farmer. 

(14) 


CONVENTION   PROCEEDINGS  AND   DEBATES. 


[*I]  *TuESDAY,  July  5,  1859. 

In  pursuance  of  law  the  Convention  met  for  orojanization  this  day  12 
o'clock,  M.^  in  their  Hall  in  the  new  levee  block  in  Wyandotte,  in  the  Terri- 
tory of  Kansas. 

Mr.  Stixson  advanced  to  the  President's  table,  and  reported  the  in- 
formal appointment  of  himself  and  other  delegates  to  wait  on  his  Excel- 
lency Governor  Aledary,  and  invite  him  to  call  the  Convention  to  order; 
that  they  have  performed  that  duty,  and  the  Governor  declining  to  attend 
on  account  of  ill  health,  desired  him  to  make  his  Excellency's  thanks  to  the 
body  for  their  kindness  and  consideration;  and  that  it  was  the  request  of 
the  Governor  that  he  (Mr.  Stinson)  should  call  the  Convention  to  order. 
He  nominated  Col.  John  P.  Slough,  of  Leavenworth,  to  serve  as  President 
preliminarj'  to  the  permanent  organization. 

Mr.  Griffith  nominated  Col.  J.  Blood,  of  Douglas. 

Mr.  Blood  was  chosen  by  a  rising  vote;  but  it  appearing  that  he  was 
not  in  the  Hall — 

On  motion  of  Mr.  Th.\cher,  Col.  S.  A.  Kingman,  of  Brown  county, 
was  chosen  to  the  preliminarv  presidencv  of  the  bodv,  and  he  took  the 
Chair. 

TEMPORARY   SECRETARY. 

Mr.  Slough  nominated  William  Spencer  to  serve  as  temporary  sec- 
retary. 

Mr.  Ritchie  nominated  John  A.  Martin,  of  Atchison. 

The  President  declared  Mr.  Martin  elected,  upon  a  rising  vote. 


Mr.  Stixsox  moved  that  the  Chair  appoint  a  Committee  on  Creden- 
tials, to  consist  of  three  members,  to  whom  shall  be  referred  the  credentials 
of  the  delegates  from  Wyandotte  county. 

Mr.  Slough  opposed  the  motion  as  premature.  The  delegates  should  be 
called  and  the  credentials  submitted,  before  the  creation  of  a  Committee  on 
Credentials. 

The  motion  was  rejected. 

roll  of  delegates. 

Mr.  Slough.  I  now  move  that  the  Secretary  pro  tern,  call  the  dele- 
gates by  districts;  and  that  delegates  deUver  their  certificates  of  election 
at  the  table,  as  their  names  are  called. 

The  motion  was  adopted,  and  accordingly  the  following  delegates  came 
forward  and  laid  their  certificates  of  election  on  the  secretary's  table: 
From  the  County  of  Leavenworth,  coiyiprising  the  First  District — Messrs. 
McDowell,  Parks,  Brown  and  Foster. 

*  Figures  and  Roman  nunier.ils  appearing  in  brackets  and  followed  by  stars  (*) 
throughout  the  text  of  this  book  indicate  the  a<-tual  beginning  of  the  pages  corresponding 
to  those  numbers  in  the  original  edition  of  1859. 

(15) 


16  CoNVEXTiox  Proceedixgs  axd  Debates. 

From  the  County  of  Atchison,  Second  District — ^Messrs.  Ingalls,  Graham 
and  Alay. 

From  the  County  of  Doniphan,  Third  District — Alessrs.  Wrigley.  Forman, 
Hubbard,  Stiarwalt  and  Forman. 

From  the  County  of  Brown,  Fourth  District— ^h\  Kingman. 

From  the  County  of  Nemaha,  Fifth  District — Mr.  Thomas  S.  Wright. 

From  the  County  of  Jefferson,  Seventh  District — ^Ir.  C.  B.  McClelland. 

From  the  County  of  Johnson,  Eleventh  District — Messrs.  Barton  and  Burrie. 

From  the  County  of  Douglas,   Twelfth  District — ]\Iessrs.  J.  Blood,  S.  0. 

Thaeher.  X.  C.  Blood,  W.  Hutchinson,  P.  H.  Townsend.  Ed.  Stokes, 

L.  R.  Williams. 

From  the  County  of  Shawnee,  Thirteenth  District — ^Messrs.  John  Ritchie, 
Greer  and  Preston. 

From  the  Counties  of  Waubonsa,  Davis,  Richardson,  d-c,  Fourteenth  Dis- 
trict—Mv.  E.  G.  Ross. 

Frojn  the  County  of  Lykins,  Fifteenth  District — Messrs.  B.  F.  Simpson, 
W.  P.  Button. 

From  the  County  of  Franklin,  Sixteenth  District — Mr.  J.  AI.  Hanway. 

From  the  Counties  of  Osage,  Breckenridge  and  Wise,  Seventeenth  District 

— ^Messrs.  J.  M.  Winchell,  Wm.  McCuUough. 
From  the  County  of  Linn,  Eighteenth  District— Messrs.  Joseph  Lamb  and 

J.  M.  Arthur. 
From  the  County  of  Anderson,  Nineteenth  District — 'Mv.  J.  J.  Blunt. 
Fro7n  the  Counties  of  Coffey  and  Woodson,  Twentieth  District — Messrs. 

Crocker  and  S.  E.  Hoffman. 
The  PREsmEXT  pro  tempore  stated  that  the  certificates  of  the  delegates 
from  Jackson  and  Pottawatomie  counties  were  on  the  table  before  him. 

THE    WYAXDOTTE   DELEGATIOX. 

Mr.  Bartox  moved  that  the  consideration  of  the  omission  of  the 
pll]  Representatives  of  the  coun*ty  of  Wyandotte  in  the  law  authoriz- 
ing this  Convention,  and  the  claims  of  the  two  delegates  from  that  county 
to  seats  in  this  body  be  now  taken  up. 

Mr.  Slough.  I  am  informed  that  two  gentlemen  claiming  to  have  been 
elected  to  this  body  by  the  people  of  Wyandotte  count}',  are  present,  and 
that  they  pos.se.ss  certificates  from  the  Governor  to  that  effect.  It  seems 
to  me  that  the  accidental  omission  in  the  law  should  not  prevent  their 
certificates  being  offered  now. 

tabled. 

Mr.  Th.\chek.  Mr.  President.  I  think  this  action  i)remature,  as  sug- 
gested once  before.  I  presume  the  Convention  will  meet  this  (piestion  in 
due  time.  I  therefore  move  to  lay  the  motion  of  the  gentleman  from 
Johnson  on  the  table. 

Mr.  Stixsox  demanded  the  yeas  anil  nay.s,  and  they  were  ordered,  and 
being  taken,  resulted — yeas  32,  nays  12 — as  follows: 

Yeas — Messrs.  Arthur,  .1.  Blood,  X.  C.  Blo(jd.  Blunt,  Bunls,  Burnett, 
Crocker,  Button,  Graham,  Griffith,  Hanway,  Hoftman,.  Houston,  Hutchin- 
son, Ingalls,  Kingman,  Lamb,  Lillie,  Max,  AlcCullough,  Middleton,  Preston, 
Ritchie,  Ro.>;s,  Signor,  Simpson,  Stokes,  Thaeher,  Townsend,  Williams,  Win- 
chell, and  Wright  of  Xemaha — 32. 


Tuesday,  July  5,  1859.  17 

]VT^YS — Messrs.  Foster,  Forman,  Hippie,  Hubbard,  McClelland,  McCune, 
McDowell,  Parks,  Slough,  Stiarwalt,  Stinson,  and  Wright  of  Leavenworth 
—12 

So  the  motion  was  laid  on  the  table. 

RENEWED OUT   OF   ORDER. 

Mr.  Stinsok.  ]Mr.  President,  I  move  that  Messrs.  Bennett  and  Wel- 
born,  who  have  been  duly  elected  by  the  people  of  Wyandotte  county  as 
members  of  this  Convention,  be  admitted  to  the  floor  upon  their  creden- 
tials, and  allowed  to  participate  in  this  organization.  He  stated  the  con- 
(ition  of  men  and  parties  in  this  case.  The  body  was  not  now  sitting  in 
judgment  on  the  qualifications  of  these  delegates.  Every  member  here  has 
a  right  to  vote  prima  facie, — not  because  his  certificate  of  election  was 
signed  by  the  Governor  and  bore  the  great  seal  of  the  Territory  of  Kansas, 
but  because  he  was  elected  by  the  people.  Were  gentlemen  going  to  decide 
a  case  without  hearing  it?  Were  the  people  of  the  county  of  Wyandotte 
to  be  disfranchised  on  account  of  a  mistake  of  the  Legislature?  Were 
gentlemen  willing  to  take  advantage  of  such  a  mistake  for  the  sake  of 
strengthening  their  party?  He  held  that  this  was  an  independent  bill,  de- 
riving its  authority  from  no  superior  source  of  legislation,  but  directly 
from  the  people,  and  being  the  sole  judge  of  the  qualifications  of  its  mem- 
bers. The  great  argument  against  the  Lecompton  Constitution  was  dis- 
franchizement — a  people  deprived  of  representation  by  an  unjust,  a  fraud- 
ulent apportionment  as  it  was  alleged;  and  yet,  with  that  cry  in  their 
mouths  gentlemen  were  coming  in  here  to  practice  the  same  thing  against 
the  people  of  Wyandotte.  He  cherished  no  feeling  either  personal  or  politi- 
cal in  this  matter.  He  would  admit  Republicans  as  well  as  Democrats  in 
such  a  case.  He  desired  earnestly,  that  when  the  Constitution  of  the  State 
of  Kansas  went  out  to  the  people,  it  might  go  without  the  brand  of  any 
sort  of  political  sculduggery. 

Mr.  Thacher  rose  to  a  point  of  order.  The  motion  now  submitted  by 
Mr.  Stinson  was  out  of  order,  because  a  similar  motion  had  just  been  dis- 
posed of  by  the  Convention  by  a  vote  to  lay  it  on  the  table.  As  the 
gentleman  seemed  so  desirous  to  speak,  he  had  interposed  no  objection  till 
after  he  had  concluded.    But  the  motion  was  evidently  unparhamentary. 

The  PfiEsroEXT  pro  tern,  sustained  the  point  of  order,  and  the  motion 
was  ruled  out. 

APPEAL    NOT    SUST.A.INED. 

Mr.  Slough  appealed  from  the  decision  of  the  President,  and  demanded 
the  yeas  and  nays  and  the  same  being  taken,  the  vote  stood, — Yeas  30. 
Nays  15. 

So  the  decision  of  the  President  stands  as  the  judgment  of  the  Conven- 
tion. 

RECESS  DEFEATED. 

Mr.  Thacher  moved  that  the  Convention  take  a  recess  till  3  o'clock 
this  afternoon. 

Mr.  Stinsox  moved  to  amend  the  motion  to  the  effect  that  the  Con- 
vention proceed  immediately  to  the  permanent  organization  of  the  Conven- 
tion. 

[*III]  *The  point  of  order  being  raised  that  a  motion  to  adjourn  was 
not  capable  of  such  amendment,  the  President  ruled  the  amendment  out 
of  order.    Mr.  Thacher  then  withdrew  the  motion. 

2 — 778 


18  Convention  Proceedings  and  Debates. 

ELECTION    of   OFFICERS. 

Mr.  Griffith  moved  now  that  the  Convention  proceed  to  the  election 
of  President,  viva  voce,  but  withdrew  it  at  the  suggestion  of  Mr.  Winchell 
that  the  roll  of  delegates  should  be  called  first. 

ROLL  CALL  OF  DELEGATES. 

Mr.  Winchell  now  moved  that  the  roll  of  delegates  be  called. 

Mr.  Stinson  moved  to  amend,  by  caUing  also  the  names  of  the  dele- 
gates from  Wyandotte  county. 

The  motion  was  rejected. 

Mr.  Winchell's  motion  was  agreed  to,  and  fifty  members  answered  to 
their  names. 

WYANDOTTE   DELEGATES. 

Mr.  Stinson  moved  that  the  names  of  the  delegates  from  Wyandotte 
county  be  now  called. 

The  yeas  and  nays  being  demanded,  the  vote  stood  yeas  18,  nays  29. 
So  the  motion  was  rejected. 

TEMPORARY   ASSISTANT    SECRETARY. 

Mr.  Griffith  renewed  his  motion  to  proceed  to  the  election  viva  voce 
of  a  President  of  the  Convention. 

Mr.  Slough  moved  that  the  notion  be  amended  so  as  to  authorize  the 
appointment  of  an  Assistant  Secretary  to  keep  a  full  record  of  the  pro- 
ceedings of  the  Convention. 

Mr.  Griffith  objected  to  the  amendment  as  not  germane  to  the  mo- 
tion, and  SO  out  of  order. 

Mr.  Slough  replied  that  if  the  Secretary  pro  tern,  was  not  keeping  a 
full  record,  these  motions  which  had  already  been  decided  upon  would  have 
to  be  renewed  when  the  Convention  was  thoroughly  organized.  It  was  due 
to  the  Convention  that  a  full  record  be  kept.  If  the  Secretary  was  not 
competent  to  do  it  he  should  be  removed,  or  sufficient  help  allowed  him. 
He  inquired  through  the  President,  whether  the  Secretary  was  keeping  a 
full  record? 

The  Secretary  pro  tern,  admitted  to  the  President  pro  tern,  that  he  was 
not  keeping  as  full  a  record  of  the  motions  as  he  could  desire. 

Mr.  Slough  insisted  on  his  amendatory  motion  to  elect  an  Assistant 
Secretary  pro  tern.;  which  was  agreed  to,  and  the  amendment  adopted. 

On  motion  of  Mr.  Winchell,  Mr.  Ross  was  ordered  to  serve  as  As- 
sistant Secretary. 

Objections  were  taken  to  Mr.  Ross  serving  because  he  was  a  member  of 
the  Convention,  but  they  were  overruled  by  the  President. 

ELECTION    OF    PRESIDENT. 

Mr.  Griffith  nominated  J.  M.  Winchell,  of  Osage  county,  for  President 
of  the  Convention. 

Mr.  Form  AN  nominated  J.  T.  Barton,  of  Johnson  county. 

The  vote  stood  as  follows: 

For  J.  M.  Winchell— Messrs.  Arthur,  J.  Blood,  N.  C.  Blood,  Blunt, 
Burris,  Burnett,  Crocker,  Button,  Graham,  Greer,  Griffith,  Hanway,  Hoff"- 
raan,  Houston,  Hutchinson,  Ingalls,  Kingman,  Lamb,  Lilhe,  May,  McCul- 
lough  Middleton,  Preston,  Ritchie,  Ross,  Signor,  Simpson,  Stokes,  Thacher, 
Townsend,  T.  S.  Wright,  WiUiams— 32. 


Tuesday,  July  5,  1S59.  19 

For  J.  T.  Barton — Messrs.  Forman,  Foster,  Hippie,  Hubbard,  McClel- 
land, IMcCune,  McDowell,  Parks,  Perry,  Slough,  Stiarwalt,  Stinson,  J. 
Wright— 13. 

The  President  pro  tern.  J.  M.  Winchell  having  received  a  majority  of 
all  the  votes  cast  is  declared  duly  elected  President  of  this  Convention. 

Messrs.  Ritchie  and  Slough  were  appointed  to  conduct  the  President  to 
the  chair. 

Mr.  Stinson  inquired  how  the  members  of  this  Convention  could  effect 
a  permanent  organization  legally  without  taking  the  oath  of  office,  which  is 
usually  administered  previous  to  such  organization? 

The  President  pro  tern.  The  organization  of  this  body  is  in  the  hands 
of  its  members,  and  not  under  the  control  of  the  preliminary  President  of 
the  Convention. 

Messrs.  Ritchie  and  Slough  conducted  the  President  to  the  chair. 

Mr.  Ritchie.  Gentlemen  of  the  Convention,  I  have  the  honor  to  intro- 
duce to  you  the  Hon.  J.  M.  Winchell,  the  permanent  President  of  this  body. 
[*IV]     *The  President  said: 

Gentlemen  of  the  Convention:  1  return  to  you  my  sincere  thanks  for 
the  position  you  have  assigned  me.  Whilst  I  have  neither  solicited  nor 
desired  it,  I  am  none  the  less  able  to  appreciate  the  responsibilities  and 
honors  which  it  confers.  I  have  only  to  say  to  you,  gentlemen,  that  I  shall 
exert  myself  to  the  utmost  to  so  discharge  the  duties  of  this  position  as  to 
facilitate  the  business  of  the  Convention,  and  in  tliis  I  trust  I  shall  receive 
the  cooperation  of  every  member  of  the  Convention;  and  whilst  I  shall  favor 
no  partisan  or  local  prejudice  which  shall  tend  to  interrupt  the  discharge 
of  those  duties,  I  trust  also  that  that  feeling  will  be  reciprocated  by  you  all. 

WYANDOTTE   DELEGATES   AGAIN. 

Mr.  Stinson  moved  that  the  members  now  proceed  to  take  the  oath 
of  office,  including  the  members  from  Wyandotte,  and  that  the  Convention 
then  proceed  to  complete  the  permanent  organization. 

Mr.  Thacher  inquired  if  there  was  a  copy  of  the  law  authorizing  the 
Convention  present.  He  believed  that  law  did  not  require  the  members 
to  be  sworn.  The  President  ruled  the  motion  of  Mr.  Stinson  out  of  order, 
as  it  had  already  been  passed  upon. 

Mr.  Stinson  appealed  from  the  decision  of  the  President.  As  he  viewed 
the  question,  the  Convention  could  not  be  legally  organized  until  the  mem- 
bers had  taken  the  oath  of  office.  Then,  and  not  till  then,  it  is  the  highest 
legislative  power  in  the  Territory  of  Kansas.  But  until  it  becomes  the 
Constitutional  Convention  in  this  manner,  we  are  not  proceeding  in  ac- 
cordance with  the  law,  and  until  we  comply  with  the  strict  letter  of  the 
law,  we  have  no  legal  existence. 

The  President.  The  member  from  Leavenworth  is  out  of  order,  unless 
he  confines  himself  strictly  to  the  question  of  appeal. 

Mr.  Stinson.  The  President's  decision  will  force  me  to  another  appeal. 
I  do  not  stand  here  as  the  representative  of  party.  The  reason  for  the 
decision  of  the  President  in  reference  to  my  motion  is,  that  the  Convention 
has  already  commenced  a  permanent  organization.  But  I  maintain  that, 
imtil  the  members  have  taken  the  oath  of  office,  they  cannot  proceed  to 
a  permanent  organization  or  elect  officers. 

The  President.  The  Convention  has  complete  control  over  this  matter, 
as  well  as  over  all  the  technicalities  of  the  Convention.  It  has  decided  not 
to  take  the  oath  bv  omitting  it.    It  is  sovereign  over  this  question. 


20  Convention  Proceedings  and  Debates. 

Mr.  Stinson  attempted  to  reply,  when  he  was  ruled  out  of  order,  when 
he  appealed  from  the  decision  of  the  President. 

The  decision  of  the  Chair  was  sustained. 

ELECTION    OF    SECRETARY. 

The  President  announced  the  election  of  Secretary  as  next  in  order. 

Mr.  Thacher  nominated  J.  A.  Martin,  of  Atchison,  as  permanent  Sec- 
retary. 

Mr.  FoRMAN  nominated  William  Spencer,  of  Atchison,  for  the  same 
office. 

J.  A.  Martin  received  thirty-two  votes. 

Wm.  Spencer  received  fifteen  votes. 

J.  A.  Martin  having  received  a  majority  of  all  the  votes  cast,  was  de- 
clared duly  elected. 

The  President  announced  that  the  election  of  Assistant  Secretary  was 
next  in  order. 

election  of  assistant  secretary. 

J.  Blood  nominated  J.  L.  Blanchard,  of  Anderson  county,  for  Assistant 
Secretary. 

Mr. nominated  Mr.  Blackman,  of  Leavenworth  county,  for 

the  same  office. 

Mr.  McClelland  objected  to  further  election  of  officers,  as  the  Con- 
vention had  not  decided  what  officers  were  necessary,  but  was  overruled. 
Mr.  Blanchard  received  thirty-two  votes. 
Mr.  Blackman  received  fourteen  votes. 

Mr.  Blanchard  having  received  a  majority  of  the  votes  cast,  was  de- 
clared duly  elected. 

ELECTION    SERGEANT-AT-ARMS. 

The  election  of  Sergeant-at-Arms  being  next  in  order, 
Mr.  Blunt  nominated  G.  F.  Warren,  of  Lawrence. 
Mr.  FoRMAN  nominated  John  Castleman,  of  Shawnee. 
[*V]     *Mr.  Warren  received  thirty-three  votes. 
Mr.  Castleman  received  fourteen  votes. 

Mr.  Warren  having  received  a  majority  of  all  the  votes,  was  declared 
duly  elected. 

COMMITTEE    ON    WYANDOTTE   DELEGATES. 

Mr.  Griffith  offered  a  resolution  that  a  committee  of  five  be  appointed 
by  the  Chair  to  investigate  the  credentials  of  those  persons  who  claim  seats 
from  Wyandotte  county. 

Mr.  Slough  moved  to  amend  by  inserting  seven  instead  of  five.  The 
amendment  was  agreed  to,  and  the  motion,  as  amended,  adopted. 

RECESS. 

Mr.  Kingman  moved  that  the  Convention  now  adjourn  till  9  o'clock 
to-morrow  morning. 

Mr.  Slough  moved  a  recess  till  4  o'clock  this  afternoon,  which  was 
agreed  to. 

The  motion,  as  amended,  was  then  agreed  to,  and  the  Convention  took 
a  recess  till  4  o'clock,  p.  m. 


Tuesday,  July  5,  1859.  21 

AFTERNOON  SESSION. 

COMMITTEE   ON    CREDENTIALS. 

The  President  announced  the  following  committee  on  credentials,  con- 
formably to  the  resolution  of  Mr.  Griffith:  Messrs.  Greer,  Graham,  King- 
man, Simpson,  Griffith  and  McClelland. 

Mr.  Slough  offered  the  following  resolution,  which  was  adoi)ted: 

Resolved,  That  the  committee  on  credentials  be  instructed  to  frame 
and  report  for  the  consideration  of  the  Convention,  rules  for  its  government. 

VISITORS. 

Mr.  Stinson  offered  the  following  resolution,  which  was  adopted: 

Resolved,  That  such  members  of  the  late  Council  and  House  of  Repre- 
sentatives as  may  visit  the  Convention  be  admitted  to  seats  within  the  Bar. 

committee  on  procedure. 

Mr.  Hutchinson  offered  the  following  resolution,  which  was  adopted: 

Resolved,  That  a  committee  of  one  from  each  Council  District  be  ap- 
pointed by  the  President  of  the  Convention,  to  consider  and  report  the  best 
mode  of  proceeding  in  framing  a  Constitution  for  the  State  of  Kansas, 
and  that  said  report  be  made  the  special  order  for  9  o'clock,  a.  m.,  to- 
morrow. 

oath  of  office. 

Mr.  Greer  offered  the  following  resolution,  which  was  adopted: 

Resolved,  That  the  officers  employed  by  this  Convention  be  sworn  to 
support  the  Constitution  of  the  United  States,  and  faithfully  and  impar- 
tially discharge  the  duties  of  their  respective  offices. 

Mr.  Hutchinson  proposed  to  except  members  of  the  Convention  from 
the  provisions  of  the  resolution. 

The  President.  The  terms  of  the  resolution  contemplate  just  what 
the  gentleman  proposes. 

Mr.  Stinson  moved  to  amend  by  making  it  an  order  requiring  all  the 
members,  as  well  as  the  officers  of  the  Convention,  to  be  sworn. 

Mr.  Blunt.  On  examination  of  the  law  creating  the  Convention,  it 
does  not  seem  to  provide  for  the  administration  of  an  oath  to  the  members 
of  the  Convention.  Although  this  course,  has  been  usual,  yet  it  has  been 
by  no  means  uniform.  In  some  bodies  like  this  the  oath  has  been  adnimis- 
tered,  in  others  not.  This  question  came  up  in  the  Ohio  Constitutional 
Convention  of  1851.  The  law  did  not  require  that  any  oath  should  be 
achninistered  to  the  members  of  that  body,  and  the  matter  created  con- 
siderable discussion,  as  may  be  seen  in  their  reports;  and  it  was  finally 
agreed  to  administer  the  oath  to  support  the  Constitution  of  the  United 
States  and  faithfully  perform  their  duties  as  members  of  the  Convention. 
As  some  members  here  seem  to  think  they  cannot  perform  their  tluty  faith- 
fully without  it,  I  shall  support  the  proposition. 

Mr.  Griffith.  I  have  no  objection  to  being  sworn  to  faithfully  dis- 
charge my  duty,  but  I  do  not  see  any  necessity  for  this  oath.  If  we  were 
legislating,  or  acting  on  that  which  would  be  binding  on  our  constituents, 
there  would  be  a  propriety  in  it.  But  every  member  who  takes  a  proper 
view  of  his  position  knows  that  our  action  does  not  bind  the  people  at  all. 
They  can  adopt  or  reject  what  we  submit.  We  are  sent  up  here  simply  as 
[*VI]  a  ^committee  of  the  people,  to  prepare  a  Constitution  for  their 
consideration.    If  it  meet  their  approbation  they  will  adopt  it,  if  not,  they 


22  Convention  Proceedings  and  Debates. 

will  reject  it.  It  seems  to  me  that  you  might  as  well  swear  the  delegates 
to  a  county  convention,  or  persons  assembled  in  town  meeting.  I  cannot 
conceive  it  of  the  least  importance.  I  am  willing  to  take  the  oath,  though 
I  cannot  tliink  it  will  constitute  us  any  more  efficient  members  of  the 
Convention. 

Mr.  Houston.  There  is  one  objection  to  this.  We  have  consented  to 
proceed  thus  far  without  the  oath.  I  suppose  this  was  brought  about 
because  a  majority  of  the  members  did  not  think  the  law  required  it.  For 
my  part,  I  confess  that  I  forgot  it.  .  I  was  at  first  under  the  impression 
that  members  of  such  bodies  as  this  were  usually  sworn,  but  I  have  ex- 
amined into  the  matter,  and  am  pretty  well  convinced  that  it  is  not  ma- 
terial, because  the  Constitution  to  be  produced  by  this  Convention  must 
be  lifeless  till  the  people  give  it  the  breath  of  life, — give  it  vitahty  and 
power.  That  being  the  case,  I  do  not  consider  it  important  that  any  oath 
should  be  taken.  But  there  are  many  things  not  really  important  in  them- 
selves which  had  still  better  be  done,  as  we  sometimes  put  on  our  coat, 
lest  we  offend  against  the  fastidiousness  of  our  neighbor.  Kansas  has  had 
difficulties  enough  in  her  political  history-  not  to  covet  new  ones,  and  now 
if  we  desire  our  work  to  be  the  Constitution  of  the  State  of  Kansas,  I  think 
we  had  better  take  the  oath.  It  might  stop  objections.  I  think  it  would  be 
better  to  pass  along  so  as  to  avoid  objections  as  much  as  possible. 

The  amendment  was  agreed  to,  and  so  the  original  resolution  was 
adopted. 

DOORKEEPER,    &C. 

Mr.  Griffith.  Mr.  President,  I  move  that  we  now  proceed  to  the  elec- 
tion of  a  Doorkeeper. 

The  motion  was  agreed  to,  and  the  President  announced  the  order  of 
nominations. 

Mr.  Thacher  nominated  J.  M.  Funk  of  Wyandotte,  and  there  being  no 
opposition — 

On  the  motion  of  Mr.  Simpson,  Mr.  Funk  was  declared  Doorkeeper  of 
this  Convention. 

On  motion  by  Mr.  Griffith,  it  was 

Ordered,  That  the  Rev.  AV.  R.  Davis  be  invited  to  serve  as  Chaplain  of 
this  Convention. 

On  motion  by  Mr.  Slough,  it  was 

Resolved,  That  the  Sergeant -at-Arms  be  instructed  to  pro^•ide  postage 
stamps  for  the  use  of  members  of  this  Convention. 

Mr.  Graham  submitted  the  following: 

Resolved,  That  the  Secretary  of  this  Convention  be  empowered  to  em- 
ploy such  clerks  as  shall  be  necessary  for  the  transaction  of  the  business 
of  this  Convention. 

Mr.  Slough  proposed  to  amend  by  adding  these  words:  "Whose  names 
shall  be  reported  to  the  Convention,  and  be  subject  to  its  approval." 

Mr.  Graham  'accepted  the  amendment,  and  so  the  resolution  was 
adopted. 

Mr.  Blunt  submitted  the  following: 

Resolved,  That  the  Convention  luoceed  to  the  election  of  an  efficient 

Reporter,  to  report  in  full  the  proceedings  and  debates  of  this  Convention. 

Mr.  Hutchinson  moved  the  reference  of  this  subject  to  a  committee  of 


Tuesday,  July  5,  1859.  23 

three,  who  shall  be  charged  with  the  duty  of  securing;  full  reports  of  the 
debates  and  proceedings  of  this  body. 

The  amendment  was  rejected — yeas  14,  nays  .30. 

The  question  recurred  on  the  original  motion,  and  it  was  rejected  with- 
out a  division. 

Mr.  Stixson  moved  that  a  committee  of  three  be  appointed  to  adojjt 
some  means  of  preserving  full  reports  of  the  debates  and  deliberations  of 
this  body. 

Mr.  Thacher.  We  have  just  voted  down  a  similar  resolution,  couched 
m  almost  the  identical  words  of  this  proposition.  It  seems  to  be  the  wish 
of  this  Convention  that  the  subject  of  Reporting  should  be  passed  by  for 
the  present. 

L*VII]     *Mr.  Stinson.    To  allow  my  friend  over  the  way  to  introduce 
another  motion,  I  withdraw  the  resolution  for  the  present. 

RESOLUTIONS   TO   BE    WRITTEN'. 

Mr.  Greer  submitted  the  following: 

Resolved,  That  all  resolutions  and  motions  submitted  to  this  Conven- 
tion shall  be  submitted  in  writing. 

Mr.  Thacher  objected.  It  would  consume  too  much  of  our  time  if 
every  motion  as  well  as  resolution  were  to  be  submitted  in  writing.  He 
moved  to  amend  by  striking  out  that  portion  which  relates  to  motions, 
which  was  agreed  to. 

The  resolution  as  amended  was  then  adopted  without  a  division. 

SEATS    FOR   clergymen. 

Mr.  Griffith  moved  that  the  clergy  of  Wyandotte  be  invited"  to  take 
seats  within  the  bar,  which  was  agreed  to  without  a  division. 

SELECTION    OP    SEATS. 

Mr.  Hutchinson  offered  the  following: 

Resolved,  That  the  members  now  proceed  to  select  their  seats  in  the 
following  manner:  The  names  of  the  several  members  shall  be  written  on 
separate  pieces  of  paper  and  placed  in  a  hat.  The  Secretary  of  the  Con- 
vention shall  then  proceed  to  draw  out  and  read  the  names,  and  each 
member  shall  select  his  seat  in  the  order  their  names  are  thus  read. 

WYANDOTTE   DELEGATION. 

Mr.  Slough.  I  desire  to  present  the  credentials  of  the  members  from 
Wyandotte  county,  as  a  matter  of  reference.  I  move  their  reference  to  the 
committee  on  Credentials. 

The  motion  was  agreed  to,  and  the  credentials  of  Mr.  Bennett  and  Mr. 
Welborn  were  thus  received  and  referred. 

morris   and    CHASE   DELEGATES. 

Mr.  Stinsox  presented  a  memorial  from  Messrs.  Wood  and  Espy,  claim- 
ing seats  as  delegates  from  Morris  and  Chase  counties,  which  he  read  from 
his  seat. 

Mr.  Stinson.  I  move  the  reference  of  the  memorial  to  a  select  com- 
mittee of  three,  whose  report  shall  be  made  the  special  order  of  the  day  at 
9  A.  M.  to-morrow. 

Mr.  Hutchinson  moved  its  reference  to  the  committee  on  credentials. 


24  Convention  Proceedings  and  Debates. 

]Mr.  Stixson.  The  committee  has  quite  as  many  duties  as  it  can  attend 
to,  and  should  not  be  burdened  with  extraneous  labor. 

The  amendment  was  agreed  to — yeas  23,  nays  13. 

The  question  recurred  on  the  motion  as  amended,  and  it  was  adopted 
without  a  cli\nsion. 

Mr.  Slough  presented  the  credentials  of  Alessrs.  Moore  and  Palmer  of 
the  counties  of  Jackson  and  Pottawatomie,  and  of  one  of  the  Leavenworth 
delegation,  and  mo^'ed  their  reference  to  the  committee  on  credentials, 
which  was  agreed  to. 

OATH    OF   office   ADMINISTERED. 

Mr.  McDowell  moved  that  the  members  receive  the  oath  of  office 
from  some  competent  person. 

Mr.  Stiarwalt  presented  the  credentials  of  R.  J.  Porter  and  Benjamin 
Wrigley,  which  were  referred  on  his  motion  to  the  committee  on  credentials. 

Mr.  Ross  offered  a  resolution  that  the  Sergeant-at-Arms  be  authorized 
to  appoint  such  messenger  boys  as  he  may  deem  necessary. 

Mr.  Form  AN.  The  power  proposed  to  be  given  him  is  too  unhmited. 
I  move  to  amend  by  adding  the  words,  '"not  to  exceed  two  in  number." 

The  amendment  was  agreed  to,  and  the  resolution  adopted. 

Mr.  Stinson.  Learning  that  Wm.  L.  McMath,  a  Notary  Pubhc  of 
Wyandotte,  is  present,  I  move  that  the  oath  of  office  be  administered  by 
him  to  the  members  of  this  Convention,  w^hich  was  agreed  to. 

Mr.  McMath  now  advanced  to  the  President's  table,  and  the  members 
rising  in  their  places  received  the  following  oath: 

"You,  and  each  of  you  will  support  the  Constitution  of  the  United 
[*VIII]  States,  and  faithfully  *discharge  your  duties  as  members  of 
this  Convention." 

The  officers  of  the  Convention  then  stood  up  and  a  similar  oath  was  ad- 
ministered to  them  by  Mr.  McMath. 

daily    PRAYER. 

Mr.  Hoffman  moved  that  the  morning  session  of  the  Convention  be 
opened  with  prayer,  which  was  agreed  to  without  a  division. 

ADMISSION    OF    LADIES. 

Mr.  McClelland  moved  that  ladies  be  admitted  to  seats  within  the  bar, 
which  was  agreed  to  without  division. 

standing   COMMITTEES. 

Mr.  McDowell  moved  that  the  President  appoint  the  following  Com- 
mittees: 

A  Committee  consisting  of  nine  members  on  the  Judiciary. 

A  Committee  of  seven,  on  the  Executive  department. 

A  Committee  of  eleven,  on  the  Legislative  department. 

A  Committee  of  seven  on  Corporations. 

A  Committee  of  five  on  Schedule. 

A  Committee  of  nine  on  Apportionment. 

Mr.  Kingman  moved  to  amend  by  referring  the  whole  subject  to  the 
committee  on  the  preparation  of  business  for  the  Convention. 

The  amendment  was  agreed  to,  and  the  motion  as  amended  adopted. 


Wednesday,  July  6,  1859. 


25 


BITSINESS   COMMITTEES. 

The  President,  conformably  to  a  resolution  adopted  this  day,  an- 
nounced the  following  committees  on  the  arrangement  of  business  for  the 
Convention. 

1st,  Council  District,  Stiarwalt;  2d,  Ingalls;  3d,  McDowell;  4th,  Slough; 
5th,  T.  S.  Wright;  6th,  Ross;  7th,  McCuUough;  Sth,  Hutchinson;  9th, 
Blunt;  10th,  Burris;  11th,  Wm.  Arthur;  12th,  Burnett;  13th,  Crocker. 

AD.TOURNMENT. 

Mr.  FoRMAN  moved  that  the  Convention  adjourn  till  10  o'clock  to-mor- 
row.   A  member  proposed  9  o'clock,  which  was  accepted. 

And  then  the  Convention  adjourned  till  to-morrow  morning  at  9  o'clock. 


Wednesday,  July  6,  1859. 
The  Convention  met  at  9  o'clock. 

Prayer  by  the  Chaplain,  Rev.  M.  R.  Davis,  of  Douglas  county. 

The  jounial  of  yesterday  was  read  by  the  Secretary,  and  authenticated. 

Messrs.  Porter  of  Doniphan,  Palmer  of  Pottawatomie,  Brown  of  Leaven- 
worth, and  Wrigley  of  Doniphan  now  came  forward,  presented  their  cre- 
dentials and  received  the  oath  of  a  member  of  this  Convention  at  the  hands 
of  Mr.  McMath. 

CREDENTIALS — WYANDOTTE    REPRESENTATION. 

Mr.  Greer,  from  the  committee  on  Credentials,  submitted  three  reports, 
Avhich  were  read  by  the  Secretary. 

The  first  was  to  the  effect,  that  the  following  gentlemen  are  entitled  to 
seats  in  this  Convention: 


W.  R.  Griffith,  Bourbon,  McGee 

and  Dorn. 
J.  H.  Signor,  Allen. 
S.  0.  Thacher,  Douglas. 
C.  B.  McClelland,  Jefferson. 
Samuel  A.  Kingman,  Brown. 
J.  A.  Middleton,  Marshall  and 

Washington. 
Thomas  S.  Wright,  Nemaha. 
John  Stiarwalt,  Doniphan. 
J.  W.  Forman,        do. 
Robert  Graham,  Atchison. 
E.  M.  Hubbard.  Doniphan. 
Caleb  May,  Atchison. 
Samuel  E.  Hoffman,  Coffey  and 

Woodson. 
J.  M.  Winchell,  Osage,  Weller, 

Breckenridge,  Morris,  Chase 

and  Wise. 
.\llen  Crocker,  Cofi'ey  and  Woodson. 
Pascal  S.  Parks,  Leavenworth. 
S.  D.  Houston,  Riley. 
J.  T.  Barton,  Johnson. 
J.  T.  Burris,        do. 


James  Hanway,  Franklin. 
Frederick  Brown,  Leavenworth. 
Eph.  Moore,  Jackson. 
Luther  R.  Palmer,  Pottawatomie. 
R.  J.  Porter,  Doniphan. 
Samuel  Hippie,  Leavenworth. 
[*IX]     *J.  J.  Ingalls,  Atchison. 
Benjamin  Wrigley,  Doniphan. 
P.  H.  Townsend,  Douglas. 
James  Blood,  do. 

N.  C.  Blood,  do. 

E.  Stokes,  do. 

W.  P.  Dutton,  Lykins. 
John  Ritchie,  Shawnee. 
R.  L.  Williams,  Douglas. 
H.  D.  Preston,  Shawnee. 
William  Hutchinson,  Douglas. 
John  P.  Slough,  Leavenworth. 
Samuel  T.  Stinson,       do. 
Adam  D.  McCune,       do. 
Wm.  C.  McDowell.       do. 
John  Wright,  do. 

William  Perry,  do. 

Robert  C.  Foster.         do. 


26  Convention  Proceedings  and  Debates. 

J.  C.  Burnett,  Bourbon,  McGee  William  McCullough,  Osage,  Weller, 
and  Dorn.  Wise,    Breckenridge,    Morris    and 

John  P.  Greer,  Shawnee.  Chase. 

B.  F.  Simpson,  Lykins.  J.  M.  Arthur,  Linn. 

Josiah  Lamb,  Linn.  J.  J.  Blunt,  Anderson. 

Edmund  G.  Ross,  Waubonsa,  Rich-  G.  H.  Lillie,  Madison,  Butler, 
ardson,    Davis,    Dickinson    and  Hunter,    Greenwood,    Ciod- 

Clay.  frey  and  Wilson. 

The  second  report,  from  the  majority  of  the  committee  on  Credentials 
was  adverse  to  the  credentials  of  Mr.  Bennett  and  Mr.  Welborn  from  the 
county  of  Wyandotte. 

Mr.  Slough,  from  a  minority  of  said  committee  submitted  a  report  dis- 
senting from  the  opinion  of  the  majority,  and  proposing  to  admit  Messrs. 
Bennett  and  Welborn  to  all  the  rights  of  membership  of  the  Convention. 

business  arrangement. 

Mr.  Stiarwalt,  from  the  committee  of  thirteen  on  the  Arrangement  of 
Business,  submitted  the  following  report: 

Resolved,  That  this  committee  report  to  the  Convention  the  following 
plan  for  framing  a  Constitution: 

That  there  shall  be  but  sLx  committees,  which  shall  be  appointed  by  the 
President  of  the  Convention. 

The  1st  committee  shall  consist  of  thirteen,  which  shall  report  to  the 
Convention  a  Constitution.  The  2d  shall  be  a  committee  on  Schedule, 
consisting  of  thirteen.  The  3d  shall  be  a  committee  on  Apportionment, 
to  consist  of  thirteen.  The  4th,  a  committee  on  Bill  of  Rights  and  Pre- 
amble, to  consist  of  thirteen.  The  5th  a  committee  of  thirteen  on  Phrase- 
ology^ and  Enrollment.  The  6th  a  committee  of  thirteen  on  Ordinances  and 
Boundaries. 

Mr.  Slough,  from  the  same  committee,  reported  the  following: 

1st.    Committee  on  Preamble  and  Bill  of  Rights,  to  consist  of  five  members. 

2d.    Committee  on  Executive  Department,  to  consist  of  five  members. 

3d.    Committee  on  Legislative  Department,  to  consist  of  five  members. 

4th.  Committee  on  Judicial  Department  and  Jurisprudence,  to  consist  of 
eleven  members. 

5th.    Committee  on  Militia,  to  consist  of  five  members. 

6th.    Committee  on  Electors  and  Elections,  to  consist  of  seven  members. 

7th.    Committee  on  Schedule,  to  consist  of  nine  members. 

8th.    Committee  on  Apportionment,  to  consist  of  thirteen  members. 

9th.  Committee  on  Corporations  and  Banking,  to  consist  of  thirteen  mem- 
bers. 

10th.  Committee  on  Education  and  Public  Institutions,  to  consist  of  seven 
members. 

nth.  Committee  on  County  and  Township  Organizations,  to  consist  of 
seven  members. 

12th.  Committee  on  Ordinance  and  Public  Debt,  to  consist  of  thirteen 
members. 

[*X]  *13th.  Committee  on  Finance  and  Taxation,  to  con.sist  of  eleven 
members. 

14th.  Committee  on  Amendments  and  Miscellaneous  Business,  to  consist  of 
seven  members. 

15th.  Committee  on  Printing  and  Arrangement,  to  consist  of  fifteen  mem- 
bers. 


Wednesday,  July  6,  1859.  27 

Mr.  Slough.  Air.  President,  the  committee  was  about  ec|ually  dividerl 
between  these  two  plans,  and,  for  the  purpose  of  bringing  the  matter  before 
the  Convention,  I  move  the  adoption  of  the  latter. 

The  motion  was  agreed  to,  and  the  latter  plan  adopted  on  a  division — 
affirmative  27,  negative  17. 

THE    WVAXDOTTE    KEPKESENTATION. 

Mr.  Stixsox.  'Sir.  President,  I  move  that  the  minority  report  of  the 
committee  of  Credentials  in  relation  to  the  seats  claimed  by  Mr.  Bennett 
and  Mr.  Welborn,  of  Wyandotte  county,  be  now  taken  up. 

The  motion  was  agreed  to. 

Mr.  Stixsox.  I  am  informed,  sir,  that  these  gentlemen  desire  to  be 
heard  by  attorney,  and  I  therefore  mo^"e  that  bj'  their  attorney,  they  be 
permitted  to  appear  and  implead  their  claim  before  the  bar  of  this  Con- 
vention. 

The  yeas  and  nays  being  demanded,  ordered  and  taken  on  this  question, 
resulted — yeas  27,  nays  23 — as  follows: 

Yeas — Messrs.  Arthur,  Blunt,  Brown,  Barton,  Burris,  Foster,  Forman, 
Griffith,  Hippie,  Hubbard,  Hanway,  Hoffman,  Houston,  Lamb,  May,  Mc- 
Dowell, McCune,  McClelland,  Preston,  Palmer,  Parks,  Slough,  Stiarwalt, 
Stinson,  Simpson,  J.  Wright,  Wrigley — 27. 

Nays — Messrs.  Burnett,  J.  Blood,  X.  C.  Blood,  Crocker,  Button,  Gra- 
ham, Greer,  Hutchinson,  Ingalls,  Kingman,  Lillie,  Middleton,  McCullough, 
Porter,  Ritchie,  Ross,  Signor,  Stokes,  Thacher,  Townsend,  T.  S.  Wright, 
Williams,  and  Mr.  President — 23. 

So  Mr.  Stinson's  motion  was  adopted. 

Mr.  Stixsox.  I  now  move  that  the  hearing  of  this  matter  be  made  the 
special  order  for  to-morrow  morning  at  the  opening  of  the  session. 

The  motion  was  agreed  to,  and  the  order  made  accordingly. 

MORRIS   AXD    chase   DELEGATION. 

Mr.  Stixsox.  Mr.  President,  there  is  another  case  of  a  similar  char- 
acter before  the  Convention — that  of  Messrs.  Wood  and  Espy,  claiming 
seats  in  this  body  from  the  counties  of  Morris  and  Chase.  The  committee 
on  Credentials  have  made  no  recommendation  in  this  case.  Mr.  Wood 
and  Mr.  Espy  are  now  in  the  Hall,  and  desire  to  be  heard  at  the  bar  of 
the  Convention.  I  therefore  move  that  they  be  allowed  to  present  their 
case. 

Mr.  Griffith.  Their  papers  ha\-e  not  yet  been  considered  by  the  com- 
mittee on  Credentials.  I  cannot  see  the  propriety  of  taking  the  case  out  of 
their  hands  before  they  have  had  time  to  examine  it. 

The  Presidext.  The  Chair  is  of  opinion  that  the  case  is  before  the  com- 
mittee. 

Mr.  Stixsox.  It  seems  to  me  that  the  case  has  been  abandoned  b\-  the 
committee,  and  therefore  I  think  the  Convention  should  decide  it. 

The  Presidext.  The  memorial  of  these  gentlemen  was  presentetl  to  the 
Convention  yesterday,  and  referred  to  the  committee  on  Credentials.  That 
committee  stated  tliis  morning,  that  the  memorial  had  not  been  before 
them,  and  they  therefore  made  no  report  in  the  case.  The  committee  have 
not  been  discharged  from  the  consideration  of  the  subject,  and  the  Chair 
will  rule,  that  the  case  is  still  in  their  hands.  At  the  proper  time,  of  course, 
the  Convention  will  express  its  pleasure  on  the  question  of  allowins  these 
gentlemen,  or  either  of  them,  the  privilege  of  being  heard  before  the  body. 


28  Convention  Proceedings  and  Debates. 

rules  of  the  convention. 

Mr.  Slough,  from  the  Committee  on  Rules,  reported  a  proposition  to 
adopt  the  Standing  Rules  and  Regulations  of  the  last  House  of  Representa- 
tives of  the  Territorial  Legislature,  so  far  as  they  may  be  applicable  for 
the  government  of  this  Convention.    The  proposition  was  adopted. 

[*XI]  *MORRIS   AND    CHASE   REPRESENTATION. 

Mr.  Thacher.  Mr.  President,  I  move  that  the  Committee  on  Creden- 
tials be  instructed  to  report  back  to  the  Convention  all  the  cases  before 
them  to-morrow.    I  wish  to  dispose  of  this  business  as  soon  as  possible. 

Mr.  Stinson.  I  propose  to  amend  the  motion  to  this  effect:  That  the 
committee  be  now  discharged  from  the  further  consideration  of  the  me- 
morial of  Messrs.  Wood  and  Espy. 

Air.  Thacher.    That  is  more  a  substitution  than  an  amendment. 

The  President.    The  motion  is  in  order. 

Mr.  BuRRis.  Is  there  any  other  business  before  the  Committee  on 
Credentials. 

Mr.  Greer.    That  is  the  only  business  before  the  committee. 

Mr.  BuRRis.  I  shall  oppose  the  amendment,  for  the  reason  that  this  is 
the  proper  committee  to  consider  that  question. 

The  President.  The  Convention  has  decided  to  take  it  up  to-morrow 
morning  at  9  o'clock. 

Mr.  Stinson  moved  to  amend  by  inserting  "prima  facie"  before  the  word 
"delegates." 

Mr.  Ritchie  moved  that  the  motion  lie  on  the  table. 

Mr.  Stinson  demanded  the  yeas  and  nays,  and  they  were  ordered. 

Mr.  Greer.  In  voting  for  the  motion  to  lie  on  the  table,  I  shall  do  so 
because  the  Convention  is  not  in  a  position  to  enable  it  to  take  action, 
having  postponed  by  its  vote  the  consideration  of  the  question  till  to- 
morrow morning. 

Mr.  Thacher.  The  object  of  a  committee  is  to  expedite  business — to 
present  here  considerations  to  enable  us  to  act  intelligently.  I  hope  this 
matter  will  be  allowed  to  take  the  regular  course.  I  see  no  reason  for  any 
discrimination  in  this  case. 

The  amendment  was  rejected,  and  then  the  original  motion  was  adopted 
and  made  an  order  of  the  Convention. 

RULES   OF   THE    CONVENTION,    &C. 

Mr.  Slough  submitted  the  following: 

Resolved,  That  the  Sergeant-at-Arms  be  instructed  to  have  two  copies 
of  the  rules  and  Regulations  adopted  for  the  government  of  this  Conven- 
tion printed  for  the  use  of  the  members. 

Mr.  Parks  proposed  a  substitute,  as  follows: 

RcHolved,  That  a  committee  of  three  be  appointed  to  make  provision  for 
the  necessary  printing  of  this  Convention. 

Mr.  Slough.  It  seems  to  me  that  cannot  be  properly  considered  as 
an  amendment.  My  proposition  contemplates  the  specific  printing  of  the 
Rules. 

Mr.  Parks.  I  suppose  we,  of  course,  ought  to  have  the  Rules  printed, 
and  I  consider  also  that  we  should  have  a  committee  on  the  whole  subject 
of  printing. 


Wednesday,  July  6,  1859.  29 

Mr.  Griffith.  I  offer  the  following  by  way  of  amendment  to  the  sul> 
stitute. 

Resolved,  That  a  committee  of  three  be  appointed  to  take  measures  for 
the  preservation  of  the  proceedings  and  debates  of  this  Convention,  and 
to  make  provision  for  the  necessary  printing  of  the  Convention. 

Mr.  Parks  accepted  the  modification,  and  so  his  substitute  was  agreed  to. 

The  resolution  as  amended,  was  then  adopted. 

MEETING   AND   ADJOURNMENT. 

Mr.  HipPLE  submitted  the  following: 

Resolved,  That  until  otherwise  ordered  91/9  o'clock  in  the  forenoon  shall 
be  the  hour  of  meeting  of  this  Convention,  and  12  o'clock  m.  the  hour  of 
adjournment;  and  that  there  shall  be  an  afternoon  session  each  day,  com- 
mencing at  31/2  o'clock  and  ending  at  5  o'clock. 

Mr.  Ritchie  proposed  9  o'clock  instead  of  9^2  o'clock. 

Mr.  Hipple  accepted. 

Mr.  Slough  proposed  to  modify  and  make  the  order  to  this  effect:  . 
That  until  further  ordered,  we  have  but  one  session  a  day — beginning  at 
9  o'clock  and  ending  at  1.  He  submitted  this  for  the  reason  that  for  the 
first  week  of  the  session  our  committees  will  be  employed  the  greater  part 
of  the  day.  There  could  be  very  little  done  in  the  Convention  till  the 
[*XII]  committees  be^gin  to  report.  Four  hours  a  day,  it  seemed  to  him, 
would  be  all  the  time  we  could  profitably  occupy  in  the  body. 

The  modification  was  adopted. 

REPORTERS   FOR   THE    PRESS. 

Mr.  Ritchie  submitted  the  following,  which  was  adopted: 

Resolved,  That  the  Sersreant-at-Arms  be  instructed  to  prepare  seats  for 
reporters  for  the  press  within  the  bar  of  the  Convention. 

DAILY    COMMERCIAL   GAZETTE. 

Mr.  Thacher.  I  understand  there  is  to  be  a  daily  newspaper — the 
Commercial  Gazette — issued  in  Wyandotte  during  the  session  of  this  body, 
which  is  to  embrace  a  report  of  our  proceedings.  I  therefore  move  that 
the  Sergeant-at-Arms  be  instructed  to  procure  two  copies  of  The  Daily 
Commercial  Gazette  for  the  use  of  each  member  and  officer  of  tliis  Con- 
vention, and  his  Excellency  the  Governor  of  the  Territory. 

The  motion  was  agreed  to,  and  the  order  was  made  accordingly. 

COMMITTEE   ON    FEDERAL   RELATIONS. 

Mr.  Houston  submitted  the  following,  which  was  adopted: 

Resolved,  That  a  committee  on  Federal  Relations  be  added  to  the  Stand- 
ing Business  Committees  of  this  Convention. 

MORRIS   AND    CHASE   REPRESENTATIVES. 

Mr.  Stinson  submitted  a  resolution  making  the  hearing  of  the  case  of 
H.  J.  Espy  and  S.  N.  Wood,  claiming  to  be  delegates  to  this  Convention 
from  the  counties  of  Morris  and  Chase,  the  special  order  for  to-morrow 
at  11  o'clock. 

Mr.  Thacher  proposed  to  make  it  an  order  that  the  Convention  shall 
dispose  of  all  these  cases  to-morrow.  It  will  probably  take  all  day,  and 
we  might  as  well  have  a  sweet  time  of  it. 


30  Convention  Proceedings  and  Debates. 

Mr.  Ross.  I  understand  this  motion  is  out  of  order.  The  matter  is  m 
the  hands  of  the  Committee  on  Credentials. 

The  President.    The  point  is  well  taken. 

Mr.  Stinson.  The  resolution  contemplates  that  when  the  report  is 
made,  the  Convention  will  then  allow  those  gentlemen  claiming  seats  to  be 
heard. 

Mr.  PiiTCHiE.  I  propose  to  amend,  by  adding  that  Mrs.  Nichols  be 
heard  in  behalf  of  the  ladies. 

Mr.  Blunt.  I  presume  the  Convention  will  be  willing  to  hear  all  who 
are  entitled  to  be  heard,  ^^'hen  the  proper  time  comes — when  the  com- 
mittee shall  report  on  the  matter  in  their  memorial  I  shall  be  in  favor  of 
admitting  these  gentlemen  for  the  hearing  of  their  case. 

Mr.  Stinson  now  modified  his  proposition  so  as  to  leave  it  without  fi.x- 
ing  any  time. 

^Ir.  HrxcHiNSON.  We  cannot  anticipate  the  report  of  the  committee. 
I  move  to  lay  the  resolution  on  the  table ;  but  he  subsequently  withdrew  the 
motion. 

Mr.  Houston.  Whether  the  claim  was  good  or  bad,  it  was  as  little  as 
we  could  do  to  allow  these  gentlemen  to  be  heard. 

Mr.  Kingman.  The  memorial  in  question  has  never  been  in  possession 
of  the  House.  Bj-  the  indulgence  of  the  Convention  the  gentleman  from 
Leavenworth  read  it  at  his  desk — not  at  the  Secretary's  table. 

J\Ir.  Stinson.  I  sent  it  to  the  Secretary,  and  afterwards  I  sent  it  to  the 
committee,  but  they  did  not  get  it  at  once. 

Mr.  Kingman.    I  renew  the  motion  to  lay  on  the  table. 

Mr.  Stinson  demanded  the  yeas  and  nays,  and  the  same  being  ordered 
and  taken,  resulted — yeas  31,  nays  21 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  X.  C.  Blood, 
Crocker,  Forman,  Greer,  Hubbard,  Hutchinson,  Hanway.  Ingalls,  King- 
man, Lillie,  Lamb,  Middleton,  May,  McCullough,  Preston,  Perry,  Porter, 
Piitchie,  Ross,  Signor,  Stokes,  Simpson,  Thacher,  Townsend,  T.  S.  Wright, 
Williams — 31. 

N.\YS — Messrs.  Brown,  Barton,  Button,  Foster,  Graham.  Griffith, 
Hippie,  Hoffman,  Houston,  Moore,  McDowell,  McCune,  IMcClelland, 
Palmer,  Parks,  Slough,  Stinson,  Stiarwalt,  J.  Wright,  Wrigley,  Mr.  Presi- 
dent—21. 

So  the  resolution  was  laid  on  the  table. 

convention  printing. 

Mr.  McDowell  submitted  the  following: 

[*XIII]  Resolved,  That  the  committee  on  Printing  *be  instructed  to  re- 
l)ort  to  the  Convention,  for  approval,  all  contracts  for  the  necessary  print- 
ing of  the  Convention,  and  that  they  be  instructed  to  have  said  printing 
done  by  contract. 

Mr.  McDowell  said:  This  committee  now  have  unlimited  jiower  in 
reference  to  this  matter.  1  think  their  action  ought  to  be  subject  to  the 
approval  of  the  Convention,  in  order  that  there  may  not  be  made  unneces- 
sary expenditures  on  accotmt  of  printing. 

The  resolution  was  adopted. 


Wednesday,  July  6,  1859.  31 

credentials. 

Mr.  Blvxt.  Mr.  President,  what  action  has  been  taken  upon  the  re- 
port of  the  majority  of  the  committee  on  the  credentials  of  members? 

The  President.  It  lies  on  the  table,  subject  to  the  action  of  the  Con- 
vention. 

On  motion  of  Mr.  Thacher  that  report  was  concurred  in. 

On  motion  of  ]Mr.  Parks,  modified  by  Mr.  McClelland,  it  was — 

Ordered,  That  150  copies  each  of  the  reports  of  the  majority  and  the 
minority  of  the  committee  on  credentials  be  printed  for  the  use  of  the  Con- 
vention. 

SELECTION    OF    SEATS    OP    MEMBERS. 

Mr.  Parks  submitted  the  following: 

Resolved,  That  the  Convention  proceed  now  to  select  seats  for  members, 
and  that  said  selection  be  made  by  the  clerk  writing  the  name  of  each 
member  on  different  pieces  of  paper,  and  placing  the  same  in  a  hat,  and 
as  each  name  is  drawn  from  the  hat,  the  member  indicated  shall  be  en- 
titled to  select  his  seat. 

Mr.  Slough  submitted  the  following  substitute,  which  was  adopted,  and 
the  order  taken  accordingly: 

Resolved,  That  the  Convention  proceed  to  select  seats  by  lot,  and  that 
numbers  from  1  to  23  inclusive  be  placed  in  a  hat,  and  that  the  same 
when  drawn  shall  authorize  the  selection  of  seats  by  each  delegate  in  ac- 
cordance with  the  proper  number  of  their  district. 

So  thereupon  the  members-elect  of  the  Convention  proceeded  to  their 
seats. 

WYANDOTTE   REPRESENTA'HON. 

Mr.  Parks  now  moved  that  the  Sergeant-at-Arms  procure  seats  within 
the  bar  for  the  delegates  claiming  seats  in  this  Convention  from  Wyan- 
dotte county. 

Mr.  McDowell  wished  to  inquire  when  this  question  would  come  up 
before  the  Convention?  There  seemed  to  be  a  misunderstanding  as  to  the 
time,  some  supposing  it  to  be  this  afternoon,  others  to-morrow  morning. 

Mr.  Burris.  I  must  vote  aye,  because  I  cannot  offer  the  amendment 
I  desire  to  offer  to  this  motion.  This  motion  recognizes  the  members  as 
possessing  -prima  facie  evidence  of  election,  which  the  Convention  has  no 
proof  of. 

Mr.  Griffith.  I  shall  vote  no  because  I  am  willing  to  extend  all  pos- 
sible courtesy  to  the  delegates  claiming  seats  from  Wyandotte  county.  The 
motion  to  table  will  not  reach  the  desired  end,  as  it  will  not  be  final.  If  the 
Convention  refuse  to  table  the  resolution,  we  can  then  strike  out  the  objec- 
tionable words  ''prima  facie." 

Mr.  Parks.  I  desire  to  say  that  I  accepted  the  words  "prima  facie" 
because  they  state  the  true  merits  of  the  case.  If  they  were  not  in  the 
resolution,  it  would  recognize  the  claimants  as  bo7ia  fide  delegates  from 
Wyandotte  county.  The  words  prima  facie  explain  the  propriety  of  the 
resolution. 

•  Mr.  Wrigley.  I  desire  to  state  in  explanation  of  my  vote,  as  I  shall 
vote  no,  that  I  do  so  because  I  believe  there  is  prima  facie  evidence  that 
Drs.  Bennett  and  Welborn  are  entitled  to  seats  on  this  floor.  The  people  of 
Wyandotte  county  held  an  election  in  accordance  with  the  regulations  of 
the  Convention  Act,  as  elections  were  held  in  other  parts  of  the  Territory. 


32  Convention  Proceedings  and  Debates. 

and  elected  these  delegates.  Their  credentials  are  certified  to  by  the  proper 
county  officers  and  by  the  Governor,  as  having  received  a  majority  of  the 
votes  in  this  county  for  the  office  of  delegate.  I  have  too  great  respect  for 
[*XIV]  the  voice  of  the  people  to  *disfranchise  the  county  of  Wyan- 
dotte, by  rejecting  her  "delegates. 

The  roll  call  was  now  commenced,  and  the  vote  was — yeas  26,  nays  20 — 
as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Burris,  N.  C.  Blood,  Crocker,  Button, 
Graham,  Greer,  Hutchinson,  Hanway,  Houston,  Ingalls,  Kingman,  Lamb, 
Lillie,  Middleton,  McCuUough,  Preston,  Porter,  Ritchie,  Ross,  Stokes, 
Simpson,  Townsend,  T.  S.  Wright,  Williams — 26. 

Nays — Messrs.  Brown,  Barton,  Forman,  Foster,  Griffith.  Hippie,  Hub- 
bard, Hoffman,  May,  McDowell,  McCune,  McClelland,  Parks,  Signor, 
Slough,  Stiarwalt,  Stinson,  Thacher,  J.  Wright,  Wrigley,  Mr.  President — 21. 

So  the  motion  was  laid  on  the  table. 

Mr.  Kingman  offered  the  following  resolution  as  to  the  seats  of  members 
from  Wyandotte,  which  was  agreed  to: 

Resolved,  That  the  Sergeant-at-Arms  be  instructed  to  procure  seats  for 
Messrs.  Bennett  and  Welborn,  claiming  seats  on  this  floor  as  delegates  from 
Wyandotte  county,  for  their  use  while  their  claim  for  seats  is  pending. 


Mr.  McClelland  offered  a  resolution  authorizing  the  Sergeant-at-Arms 
to  supply  each  member  with  a  bottle  of  mucilage,  which,  on  motion  of  Mr. 
May,  was  laid  on  the  table. 

MORRIS   and    chase   REPRESENTATION. 

Mr.  Stinson  presented  a  memorial  from  S.  N.  Wood,  representing  that 
his  case  had  been  prejudiced,  and  withdrawing  his  claim  to  a  seat  in  the 
Convention  for  the  counties  of  Morris  and  Chase. 

Mr.  Kingman  moved  that  the  memorial  be  rejected.  The  Convention 
had  taken  no  action  prejudicial  to  the  claims  of  the  memorialist.  The 
statement  was  correct  that  the  committee  had  not  had  possession  of  the 
memorial,  and  the  Convention  had  authorized  them  to  defer  the  report 
until  to-morrow.  Because  the  Convention  was  unwilling  to  act  on  mere 
assertions  and  vague  statements,  in  comes  this  memorial,  insulting  this 
body  by  the  plea  that  we  practice  disfranchisement  as  a  principle  of 
this  government — that  we  will  disfranchise  whomsoever  we  please!  No 
member  of  the  Convention  had  even  indicated  an  opinion  as  to  what  its 
action  should  be.  This  body  has  decided  to  postpone  a  decision  till  to- 
morrow, when  a  report  will  be  made.  The  same  course  has  been  pursued  in 
reference  to  the  memorialist  from  Morris  and  Chase  and  the  claimants  of 
seats  from  Wyandotte. 

Mr.  Stinson.  I  have  a  word  to  offer.  I  understand  the  position  in 
which  the  memorialist  considers  himself  to  be  placed  by  the  action  of  the 
Convention.  He  comes  here  believing  himself  entitled  to  a  seat  in  this 
Convention,  as  legally  elected.  He  presented  a  memorial,  wliich  had  the 
courtesy  of  a  reference.  But  the  committee  has  not  reported,  and  perhaps 
there  is  a  good  reason  for  it.  I  came  in  for  him  and  asked  for  immediate 
action  upon  it,  that  he  may  not  be  compelled  to  wait  here  from  day  to 
day  for  a  tardy  decision.  This  was  refused  us.  We  were  denied  the  privi- 
lege of  a  determination  to-day.  I  went  further,  and  asked  that  those 
claimants  who  knew  best  their  own  rights  and  claims,  should  be  permitted 


Wednesday,  July  6,  1859.  33 

to  argue  them  before  this  body,  whenever  the  matter  comes  before  it  by  a 
report  of  the  committee  on  credentials.  This  motion  was  tabled  by  a 
strict  party  vote,  I  am  sorry  to  say.  He  had  the  right  to  infer  that  his 
claims  were  ignored  and  his  county  disfranchised.  He  sends  in  this  me- 
morial to  prove  to  his  constituents  that  he  has  performed  his  duty.  All 
we  ask  is,  that  the  Convention  shall  take  the  responsibility  of  acting  on  this 
cjuestion,  and  put  that  action  on  record. 

Mr.  BuKRis.  I  move  to  amend  the  motion  to  reject,  by  referring  the 
memorial  to  the  committee  on  credentials.  That  committee  has  been  in- 
structed to  report  on  all  contested  cases  to-morrow  morning.  The  me- 
moriahst  has  been  told  that  he  shall  have  a  hearing,  in  the  only  proper 
mode — through  a  committee.  The  question  is  not  before  the  Convention, 
but  before  the  committee,  which  is  the  proper  party  to  have  the  subject 
referred  to. 

Mr.  Thacher.  I  shall  oppose  this  amendment,  and  vote  for  rejection. 
[*XV]  This  memorial  '^is  an  insult,  and  offensive  in  its  tone.  The  me- 
morialist claims  to  be  a  delegate  from  the  counties  of  Morris  and  Chase, 
which  he  asserts  are  unrepresented  here.  I  hold  in  my  hand  the  proclama- 
tion of  Governor  Medary,  whose  Democracy  no  one  will  impeach.  I  read 
from  the  proclamation  the  following  as  vote  of  the  17th  district,  com- 
prising Osage,  Breckenridge,  Morris  and  Chase: — [Having  given  the  votes 
returned  in  said  district,  he  proceeded  to  say.]  On  this  vote  the  Governor 
declared  J.  M.  Winchell  and  Wm.  McCullough  duly  elected  from  that  dis- 
trict. Chase  county  is  represented  by  them.  Yet  the  memorial  claims  the 
opposite — that  the  counties  of  Morris  and  Chase  are  disfranchised.  I  hope 
the  memorial  will  be  rejected  as  a  deliberate  insult  to  this  body. 

Mr.  Ross  moved  to  indefinitely  postpone  the  whole  subject. 

The  question  was  then  taken  on  Mr.  BurrLs'  amendment,  and  it  was  lost. 

The  motion  to  reject  was  agreed  to  mthout  a  division. 


The  President  announced  the  standing  committee  on  printing  and 
preservation  of  the  records  to  be — Messrs.  Ross,  Townsend  and  Barton. 

COMMISSIONERS   ON    CLAIMS. 

He  also  presented  the  following  paper  from  the  Commissioners  on 
Claims,  which  was  ordered  to  be  filed  by  the  Secretary: 

Wyandott  City,  July  5,  1859. 
To  the  President  of  the  Convention  to  frame  a  Constitution,  &c.: 

Sir: — Pursuant  to  the  provisions  of  an  act  entitled  "An  act  to  provide 
for  the  adjustment  and  payment  of  claims,"  approved  Feb.  7th,  1859,  it  is 
the  duty  of  the  undersigned,  Commissioners  under  said  act,  to  make  report 
of  their  proceedings  to  the  Constitutional  Convention  to-day. 

We  are  yet  engaged  in  the  preparation  of  the  report  specified,  and  will 
probably  be  ready  to  transmit  the  same,  for  the  use  of  the  Convention, 
\vithin  five  or  six  days.  A  tabular  statement  of  about  500  lines  of  double 
column  "figure  work"  will  necessarily  accompany  the  report,  (which  will 
not  exceed  fifteen  or  twenty  pages  octavo,)  and  is  the  last  portion  that 
can  be  prepared. 

3 — 778 


34  Convention  Proceedings  and  Debates. 

The  expediency  of  having  the  report  and  statement  printed  immedi- 
ately, that  ever>'  member  may  have  a  copy,  and  comprehend,  at  a  glance, 
the  character,  extent,  and  result  of  our  labors,  is  respectfully  submitted  for 
the  consideration  of  the  Convention. 

Very  respectfully, 

Edward  Hoogland,  Comr's 

Henry  J.  Adams,  V       of 

Samvel  a.  Kingman,    J    Claims. 

Mr.  McDowell  moved  to  adjourn,  but  withdrew  the  motion  by  request. 

NO   WYANDOTTE    REPRESENTATION. 

Mr.  Blunt  moved  a  reconsideration  of  the  vote  by  which  the  Conven- 
tion agreed  to  hear  the  claimants  from  Wyandotte  county,  by  attorney,  at 
0  o'clock  to-morrow.  He  remarked:  The  \iew  I  take  of  the  question  is 
This.  No  person  is  more  desirous  than  myself  that  Messrs.  Bennett  and 
"Welborn  should  have  a  full  and  fair  hearing.  If  there  are  not  persons  on 
this  floor  who  can  advocate  their  claims  with  sufficient  abihty,  I  am  wiUing 
that  they  should  have  the  assistance  of  attorneys.  I  am  anxious  that  the 
Convention  shall  consider  the  question  as  soon  as  possible,  as  we  are  about 
to  adjourn  till  to-morrow,  and  none  of  the  business  committees  are  ap- 
pointed, and  the  members  have  no  work  before  them.  If  reconsidered,  1 
should  move  that  the  reports  of  the  committee  on  credentials  in  reference 
to  the  Wyandotte  delegates  be  referred  to  a  committee  of  one  from  each 
council  district,  before  whom  the  claimants  and  their  attorneys  may  appear 
and  argue  the  case,  and  who  shall  report  their  decisions  to  this  Convention 
at  the  opening  of  the  session  on  Thursday.  The  Convention  refused  to  re- 
consider by  yeas  24,  nays  25 — as  follows: 

[*XVI]  "Yeas— ]\Iessrs.  Arthur,  Burnett,  Blunt,  Burris,  N.  C.  Blood. 
Crocker,  Dutton,  Hanway,  Hoffman,  Houston,  Ingalls,  Lilhe,  Lamb,  Mid- 
dleton.  McCuUough,  Preston,  Ritchie,  Ross,  Signer,  Simpson,  Thacher, 
T.  S.  Wright,  Wilhams,  Mr.  President— 24. 

Nays — Messrs.  Brown,  Barton,  Foster,  Forman,  Graham,  Greer,  Grif- 
fith, Hippie,  Hubbard,  Hutchinson,  Kingman,  May,  McDowell,  McCune, 
McClelland,  Palmer,  Parks.  Porter,  Slough,  Stinson,  Stiarwalt,  Townsend. 
J.  Wright,  Wrigley— 25. 


Thursd.^y.  July  7,  1S59. 
The  Convention  met  at  9  o'clock. 
Prayer  by  the  Chaplain. 
The  journal  of  yesterday  was  read  by  the  Secretary  and  authenticated. 

THE   WYANDOTTE   REPRESENTATION. 

Mr.  Kingman.  Mr.  President,  I  feel  anxious  to  facihtate  the  proceed- 
ings of  the  Convention,  and  we  are  all  admonished  by  our  feelings — the  in- 
fluence of  the  warm  season — that  a  long  session  will  be  injurious  to  us,  as 
well  as  distasteful  to  our  constituents.  I  have  a  motion  to  make  in  regard 
to  the  business  before  the  House,  which  has  been  made  the  special  order 
for  this  hour,  which  I  think  may  prevent  a  discussion  of  two  or  three  days. 
It  seems  to  me  it  would  be  in  order,  inasmuch  as  these  claimants  of  seats 
have  not  confidence  to  appear  for  themselves — to  make  a  motion  to  com- 
mit the  w'hole  matter  again  to  the  Committee  on  Credentials — that  the 
matter  may  be  heard  there  by  counsel. 

The  motion  was  agreed  to,  and  the  case  was  recommitted  accordingly. 


Thursday,  July  7,  1859.  35 

public  debt — corporations. 

Mr.  Blunt  submitted  the  following: 

Resolved,  That  the  Constitution  to  be  framed  by  this  Convention  should 
contain  a  provision  that  whenever  the  Legislature  shall  provide  for  the 
raising  of  money  by  loan  on  the  credit  of  the  State,  that  the  act  authoriz- 
ing said  loan  shall  provide  means  for  the  prompt  payment  of  the  interest 
on  said  loan,  and  also  for  the  final  pajTnent  of  the  bonds  at  maturity,  by 
designating  and  setting  apart  certain  moneys  for  these  purposes  which  shall 
not  be  devoted  to  any  other  purpose. 

Resolved,  That  the  Constitution  of  the  State  of  Kansas  should  prohibit 
the  Legislature  from  creating  by  act  of  incorporation  any  bank  of  issue 
unless  said  act  shall  provide  that  the  bank  so  created  shall  deposit  with  the 
comptroller  of  the  Treasury  stocks  of  the  State  of  Kansas  or  of  the  United 
States,  as  collateral  for  the  redemption  of  the  circulation  of  said  bank,  and 
that  the  comptroller  be  authorized  to  countersign  no  more  circulating  notes 
for  said  bank  than  may  be  the  cash  value  of  said  stocks  at  the  time  they  are 
deposited. 

IMr.  Ritchie  proposed  to  lay  it  on  the  table  and  print. 
Mr.  Wrigley  moved  that  the  resolutions  be  referred  to  the  Conmiittee 
on  Banks  and  Corporations. 

Mr.  Houston.  It  seems  to  me  it  would  expedite  business  if  the  Con- 
vention would  agree  to  consider  all  these  important  questions  in  com- 
mittee of  the  whole,  so  that  the  standing  committees  could  be  certainly 
informed  of  the  judgment  of  the  House.  If  we  put  these  propositions  first 
into  the  hands  of  the  standing  committees,  they  may  lie  there  till  dog  days, 
waiting  for  information  to  enable  the  committees  to  harmonize. 

Mr.  Blunt.  The  matter  of  the  resolutions  is  certainly  of  considerable 
importance.  The  object  in  offering  them  was  that  they  might  serve  as 
instructions  to  the  committee  having  those  subjects  in  charge;  for  if 
adopted  they  would  reflect  the  sense  of  the  Convention  on  those  subjects. 
I  think  it  will  be  conceded  that  there  is  nothing  of  more  importance  to  a 
new  State  than  that  its  financial  and  banking  system  should  be  established 
en  a  sound  and  soUd  basis.  The  views  shadowed  forth  in  the  two  resolu- 
tions I  think  will  meet  all  wants  of  the  new^  State  of  Kansas;  and  if  we  pass 
these  resolutions  here  it  settles  the  matter  to  a  certain  extent  definitely  as 
to  what  is  the  judgment  of  the  members  of  the  Convention  in  relation  to 
[*XVII]  the  ^subject  of  corporations  and  the  creation  of  a  State  debt. 
If,  as  proposed  in  the  first  resolution,  we  make  it  imperative  that  wherever 
the  credit  of  the  State  is  used  by  the  Legislature,  they  shall  provide  for 
the  prompt  pajTiient  of  the  accruing  interest,  and  the  prompt  payment  of 
the  debt  at  maturity,  we  shall  inspire  confidence  in  our  bonds  in  the  stock 
market,  and  then  if,  as  in  the  second  resolution,  we  provide  that  our  bank- 
ing svstem  shall  be  established  on  a  sohd  basis,  we  shall  always  have  the 
advantage  of  safe  and  judicious  banking  institutions,  perfectly  secure  to  the 
bill-holder,  and  providing  for  all  the  wants  of  the  commercial  interests.  If 
the  provisions  of  the  first  resolution  shall  be  strictly  carried  out,  our  bonds 
in  the  market  will  find  as  ready  sale  as  those  of  the  State  of  Ohio,  or  even 
the  6  per  cent,  bonds  of  the  United  States:  and  if,  in  creating  a  banking 
system,  we  recognize  no  other  stocks  except  the  stocks  of  the  United  States, 
we  shall  have  a  system  that  will  inspire  confidence  throughout  the  country. 

Mr.  Wrigley.  While  I  admit  that  the  gentleman  has  made  a  close  con- 
stitutional argument— while  I  fully  agree  with  much  that  he  has  said,  and 
do  not  know  that  I  could  have  much  objection  to  the  resoUition.  yet  1 


36  CoxvEKTiox  Proceedings  and  Debates. 

must  protest  against  such  propositions  being  brought  before  the  Con\'en- 
tion  at  this  time.  They  are  out  of  place  now;  for  suppose  every  member 
of  the  body  should  foist  in  his  views  in  this  way — all  these  propositions  are 
to  be  printed,  and  it  would  require  all  the  printing  offices  in  the  country  to 
furnish  them.  I  repeat:  the  views  may  be  good  enough,  but  it  is  not  the 
proper  time  to  present  them.  It  occurs  to  me  that  all  such  resolutions 
should  be  referred  to  the  appropriate  committees;  and  from  the  mass  let 
the  committees  select  the  cream  and  present  that  to  the  Convention,  which 
is  finally  to  determine  what  shall  be  the  Constitution.  The  Convention,  sir, 
will  have  enough  to  do  to  reconcile  reports.  I  move  that  it  be  referred  to 
the  appropriate  committee. 

The  amendment  was  agreed  to,  and  so  it  was  ordered  to  be  referred 
to  the  Committee  on  Banks  and  Corporations  and  printed. 

THE   WYANDOTTE   REPRESENT.\TION. 

Mr.  Slough.  I  move  to  reconsider  the  vote  by  which  the  Convention 
recommitted  the  case  of  Messrs.  Bemiett  and  Welborn  to  the  Committee 
on  Credentials.  I  appreciate  the  purpose  for  which  the  motion  was  made 
(and  I  voted  for  it)  to  obviate  the  necessity  of  occupying  time  in  hearing 
the  argument  of  counsel.  But,  on  reflection,  I  am  satisfied  that  that  object 
will  not  be  accomplished;  because,  after  the  hearing  before  the  committee, 
the  Convention  cannot  rid  itself  of  the  order  for  hearing  the  arguments  in 
this  chamber.  A  resolution  was  adopted  yesterday  to  hear  these  parties 
by  their  attorneys  at  the  bar  of  the  Convention — subsequently  a  motion 
to  reconsider  that  vote  was  lost;  therefore  in  accordance  with  all  parlia- 
mentary' usage  we  cannot  now  rid  ourselves  of  the  obligation  to  hear  the 
case. 

After  further  remarks  in  this  direction,  the  President  ruled  that  the 
morning  business  must  be  first  proceeded  with  under  the  rules  adopted 
for  the  government  of  the  Convention,  and  that  afterwards  the  motion  of 
the  gentleman  from  Leavenworth  could  be  entertained. 

BASIS   OF   ACTION. 

Mr.  Blunt  submitted  the  following: 

Resolved,  That  the  several  committees  appointed  to  draft  the  several 
subdivisions  of  the  Constitution  for  the  consideration  of  this  Convention 

be  instructed  to  adopt  the  Constitution  of  the  State  of  as  a 

model  or  basis  of  action — and  that  the  Sergeant-at-Arms  be  authorized 
to  procure  the  printing  of  sixty  copies  of  said  Constitution  for  the  use 
of  members. 

Mr.  Hutchinson.  I  see  one  difficulty  in  this  resolution.  I  think  by 
this  resolution  we  are  barred  from  choosing  certain  Constitutions  that 
might  be  the  preference  of  members.  I  therefore  submit  the  following  by 
way  of  a  substitute: 

Resolved,  That  every  standing  conmiittee  be  instructed  to  adopt  the 
Constitution  for  their  proceedings  in  forming  their  respective  re- 
ports. 

[*XVIII]  -Mr.  Blunt.  I  see  no  material  difference  be*tween  the  two 
propositions.  The  idea  I  had  in  view  was  that  if  the  resolution  should 
jirevail  we  may  afterwards  fill  up  the  blank  by  calling  the  roll — by  the 
choice  of  the  majority — that  would  give  everj-  man  a-  fair  opportunity  of 
expressing  his  preference. 

Mr.  Slough.  It  seems  to  me,  Mr.  President,  that  before  we  pass  upon 
Ihat,  if  the  CouAontion  have  any  idea  of  adopting  the  resolution,  the  blank 


Thursday.  July  7,  1859.  37 

should  be  filled  first,  and  for  the  purpo-se  of  action  I  propose  that  the 
blank  be  fiJled  \vith  the  \vord  "Minnesota." 

Mr.  Griffith.    I  propose  "Indiana." 

j\Ir.  Thacher.  I  would  suggest  to  the  Convention  that  we  could  just  as 
well  get  at  it  by  the  majority  vote  in  the  manner  shadowed  forth  lay  the 
gentleman  from  Anderson,  that  is,  adopt  the  resolution  with  the  blank, 
and  afterwards,  as  the  roll  may  be  called,  let  each  member  name  the 
Constitution  he  prefers,  &c. 

Mr.  Slough.    I  withdraw  the  motion. 

Mr.  Griffith.  I  withdraw  mine  if  the  gentleman  from  Leavenworth 
withdraws. 

Air.  Slough.  ~Mt.  President,  it  is  necessary  to  fill  the  blank  before 
passing  the  resolution,  for  it  cannot  be  touched  afterwards.  I  now  make 
The  motion  that  the  terms  of  the  resolution  be  so  modified  as  to  require 
The  blank  to  be  now  filled. 

On  motion  l)y  Mr.  Wrigley  the  whole  subject  was  laid  on  the  table. 

BASIS   OF   APPORTIONMENT. 

Mr.  Greer  offered  the  following: 

Resolved,  That  the  Secretary  of  the  Territory  be  requested  to  furnish 
the  Convention  at  as  early  a  day  as  practicable,  an  abstract  statement 
showing  the  census  of  the  several  counties  of  the  Territory,  taken  under  the 
act  of  the  last  Legislative  Assembly. 

Mr.  G.  said:  I  do  this  for  the  purpose  of  placing  before  the  Convention 
The  strength  of  the  polls  of  the  different  counties,  for  the  purpose  of  fur- 
nishing a  proper  basis  for  the  apportionment  of  the  representation  of  the 
Senators  and  the  Representatives  of  this  State. 

Mr.  Hutchinson.  It  occurs  to  me  that  there  will  be  too  much  delay 
in  that,  inasmuch  as  we  expect  to  be  here  but  a  few  weeks,  and  we  are  not 
.'^ure  these  returns  will  be  made  to  the  Secretary  of  the  Territory  in  season 
TO  reach  the  Convention.  It  seems  to  me  that  each  delegate  should  ad- 
dress by  letter  the  clerk  of  his  coimty.  This  means  of  information  would 
be  more  chrect  and  certain.  It  might  be  less  official  in  some  degree,  but  it 
would  be  satisfactory  and  it  would  be  sure  to  reach  us  in  time. 

Mr.  Griffith.  The  i^roposition  of  the  gentleman  from  Shawnee  may 
cover  the  ground,  but  for  fear  some  of  the  clerks  might  not  get  the  re- 
turns into  the  Secretary's  office,  I  propose  to  amend  the  resolution  by  add- 
ing these  words: 

"Requested  to  address  a  letter  to  the  clerks  of  the  counties  included  in 
Their  districts,  requesting  them  to  forward  by  mail  to  this  Convention  an 
abstract  of  the  census  returns  under  seal,  in  file  in  their  office." 

Mr.  Slough  seconded  the  amendment,  for  fear  that  in  the  transmission 
from  the  various  counties  to  the  Secretary's  office  accidents  might  happen, 
so  that  through  the  Secretary  and  through  the  county  clerks  we  ma\-  have 
the  desired  information. 

Mr.  Ross  submitted  the  following: 

Resolved,  That  the  President  be  authorized  to  emi:)loy  a  sufficient  num- 
ber of  messengers  to  go  into  the  various  comities  for  this  jnirpose. 

Mr.  Blunt.  I  tliink  the  plan  proposed  in  the  substitute  is  the  best 
thing  that  can  be  done  and  I  move  its  adoption.  It  is  \-ery  obvious  that 
this  is  the  only  way  in  which  we  can  get  the  elements  of  an  accurate  basis 
for  apportionment.    If  we  take  the  vote  in  the  election  of  delegates  to  this 


38  Convention  Proceedings  and  Debates. 

Convention,  it  will  in  a  manner  disfranchise  a  number  of  counties.  In  my 
county  we  can  poll  between  five  and  six  hundred  votes,  but  we  did  not  cast 
[*XIX]  in  this  last  election  but  two  hundred — *whilst  in  other  counties, 
as  in  the  county  of  Leavenworth,  they  polled  their  entire  strength.  All  we 
ask  is  a  fair  count ;  we  in  the  southern  part  of  Kansas  are  a  little  tenacious 
in  this  matter,  for,  as  it  is  w^ell  known,  we  have  been  in  a  manner  disfran- 
chised in  the  Territorial  Legislature  for  the  last  two  years,  and  it  is  time 
we  should  have  accorded  to  us  that  wliich  we  are  entitled  to.  I  have  writ- 
ten to  the  clerk  of  my  county.  I  may  get  his  answer  in  time,  and  I 
may  not.  I  am  anxious  that  the  Convention  should  complete  its  labors 
as  soon  as  possible,  and  nothing  can  be  done  by  the  Committee  on 
Apportionment  till  they  can  obtain  these  returns  for  a  basis  of  action. 
Notwithstanding  it  may  be  expensive,  yet,  because  it  is  a  matter  of  the 
first  importance,  I  shall  be  constrained  to  vote  for  the  substitute  of  the 
gentleman  from  Waubonse  (Mr.  Ross). 

The  substitute  was  rejected  by  a  division — affirmative  13,  negative  26. 

Mr.  Greer.  I  accept  the  amendment  of  the  gentleman  from  Bourbon 
(Mr.  Griffith.) 

The  amendment  was  agreed  to,  and  then  the  resolution  as  amended  was 
adopted. 

Resolved,  That  the  Secretary  be  directed  to  procure,  as  early  as  pos- 
sible, a  printed  list  of  the  members  of  this  Convention,  together  w'ith  the 
names  of  the  counties  they  represent,  their  Post  Office,  place  of  nativity, 
age,  profession  or  occupation,  together  with  a  list  of  the  various  standing 
committees  appointed  and  to  be  appointed. 

the  commercial  gazette. 

Mr.  Blunt  submitted  the  following: 

Resolved,  That  the  Sergeant-at-Arms  be  authorized  to  furnish  four  ad- 
ditional copies  of  the  Wyandotte  Commercial  Gazette  for  the  use  of  each 
member  and  officer  of  this  Convention. 

Mr.  Blunt.  I  merely  wish  to  state,  for  the  information  of  the  Conven- 
tion, that  I  am  informed  by  the  Sergeant-at-Arms,  that  unless  we  adopt 
some  such  resolution — extend  the  patronage  of  the  Convention  a  Uttle 
more  liberally  toward  this  paper,  the  proprietor  will  not  be  able  to  sustain 
himself  in  its  publication. 

The  resolution  was  adopted. 

RAILRO.\D   and   SCHOOL   LANDS. 

Mr.  Greer  offered  the  following  resolution,  and  on  motion  of  Mr.  Blunt, 
it  was  referred  to  the  conmiittee  on  finance: 

Resolved,  That  a  select  committee  of  five  be  appointed  by  the  Chair,  to 
adopt  a  memorial  to  Congress  asking  land  grants  for  railroad,  school  and 
other  purposes. 

BASIS   OF   action. 

Mr.  Thacher  submitted  the  following: 

Resolved,  That  the  roll  of  the  Convention  be  called,  and  that  each  mem- 
ber, as  his  name  is  called,  name  the  Constitution — State  or  Territorial — 
which  he  prefers  as  a  basis  for  this  Convention  to  act  upon.  That  if,  on 
the  call,  no  one  Constitution  has  a  majority  over  all  others,  that  the  roll  be 
again  called,  and  the  members  confine  their  responses  to  one  of  those  Con- 
stitutions having  the  highest  number  of  votes;  and  that  in  case  of  no  selec- 


Thursday.  Jii.y  7,  1859.  39 

tion,  the  members  vote  again,  to  be  confined  to  the  two  Constitutions  hav- 
ing the  highest  number  of  votes. 

The  President.  The  resolution  is  out  of  order  because  it  interferes  with 
the  regular  order  of  business  by  requiring  that  the  roll  shall  be  called  now. 

Mr.  Thacher.  I  propose  to  amend  the  resolution  so  as  to  read  that  the 
roU  be  called  whenever  it  is  in  order. 

Mr.  Slough.  Mr.  President,  there  is  an  important  question  that  sug- 
gests itself  in  connection  with  this  decision  of  the  Chair,  which  may  cause 
considerable  trouble  unless  it  is  settled  now.  I  am  satisfied  that  the  Chair 
is  in  error  in  its  decision;  and  for  the  purpose  of  having  the  matter  before 
us,  I  move  that  we  proceed  now  to  call  the  roll  for  the  choice  of  the  Con- 
stitutions. If  the  legitimate  consequence  of  offering  a  resolution  coining 
[*XX]  in  the  shape  of  a  call  of  the  roll  is  to  throw  it  out  *of  order,  it  is 
manifest  that  we  cannot  even  call  the  yeas  and  nays  \sdthout  interfering 
with  the  order  of  business.  It  seems  to  me  that  it  must  be  apparent  to 
every  mind  that  if  we  can  call  the  yeas  and  nays  legitimately,  we  can  pro- 
ceed to  take  the  vote  indicated  in  the  gentleman's  resolution. 

The  PREsmENT.  The  Chair  appreciates  the  kindness  of  the  gentlemen, 
but  yet  he  is  under  no  embarrassment  at  all.  The  Chair  had  no  reference 
to  the  call  of  the  House,  as  the  gentlemen  think,  nor  would  the  Chair 
object  to  a  call  of  the  yeas  and  nays.  But  the  phrase  in  the  resolution 
contemplates  the  introduction  of  business  which  could  not  come  in  without 
interfering  with  the  order  of  business  at  this  time.  The  Convention  has 
adopted  the  rules  and  order  of  business  of  the  House  of  Representatives  of 
the  last  Territorial  Legislature,  which  admit  of  no  interruption  unless  they 
can  be  suspended.  A  motion  was  made  to  go  into  this  matter  of  a  selec- 
tion of  a  Constitution,  which  the  Chair  overruled,  and  the  Convention  pro- 
ceeded with  the  regular  business,  which  was  the  introduction  of  resolutions. 
The  Chair  stated  that  the  resolution  was  in  order,  provided  the  vote  for 
the  choice  of  a  Constitution  could  be  thrown  beyond  the  regular  morning 
business. 

Mr.  Slough.    I  insist  on  an  appeal  from  that  decision. 

The  House  divided  on  the  question  of  appeal,  and  the  vote  stood — af- 
firmative 18,  negative  21.    So  the  decision  of  the  Chair  was  not  sustained. 

The  President.  The  Chair  ^^'ill  hereafter  admit  all  resolutions  of  what- 
ever character  in  their  regular  order.  This  vote  will  work  a  change  in  the 
order  of  business  to  that  extent. 

Mr.  Wrigley  proposed  to  amend  the  resolution  by  striking  out  the  word 
territorial. 

Mr.  Th.\cher.  Some  gentlemen  may  desire  to  vote  for  the  Topeka  Con- 
stitution, and  for  that  purpose  I  inserted  it.  Some  gentlemen  may,  per- 
haps, wish  to  vote  for  the  Lecompton  Constitution. 

The  amendment  was  agreed  to. 

Mr.  Arthur  proposed  to  strike  out  the  word  State,  which  was  also 
agreed  to. 

The  resolution  as  thus  amended  was  adopted,  and  the  Convention  pro- 
ceeded to  fill  the  blank  by  ballot,  with  the  following  results: 

On  the  first  ballot  Ohio  received  13  votes,  Indiana  12,  Kentucky  6, 
Leavenworth  5,  Topeka  3,  Pennsylvania  2,  Iowa  2,  Wisconsin  2,  Massa- 
chusetts, Michigan,  Maine,  Mirmesota,  and  Oregon  1  each. 

On  the  second  ballot  Ohio  received  25  votes,  Indiana  23.  and  Kentucky  1. 


40  CoNVEXTioN  Proceedings  and  Debates. 

So  the  Coiistitution  of  Ohio,  having  received  a  majority,  was  declared  to 
be  the  proposed  basis. 

XO    SMOKING. 

Mr.  Hutchinson  submitted  the  following,  \\hich  was  adopted: 
Resolved,  That  no  smoking  shall  be  allowed  in  this  Hall,  either  within  or 

without  the  bar,  and  that  the  Sergeant-at-Arms  be  instructed  to  strictly 

enforce  this  rule. 

reports  to  be  printed. 

Mr.  Wrigley  submitted  the  following,  which  was  adopted: 

Resolved,  That  the  several  committees  to  frame  a  Constitution  are 
hereby  authorized  and  instructed,  at  the  time  they  make  their  several  re- 
l)orts  to  the  Convention,  to  furnish  each  member  of  the  Convention  with 
printed  copies  of  their  reports. 

memorial  of  s.  n.  wood  and  h.  j.  espy. 

^Ir.  Greer,  from  a  majority  of  the  committee  on  Credentials,  submitted 
the  following: 

The  committee  having  considered  the  matter  of  the  memorial  of  S.  N. 
Wood  and  H.  J.  Espy,  claiming  seats  in  this  Convention  from  the  counties 
of  Chase  and  Morris,  desire  to  submit  the  following  report. 

Your  committee  find  that  the  act  of  the  Legislature  pro\dding  for 
this  Convention,  in  establishing  the  several  districts  for  members 
["XXI]  ^'thereof,  include  the  counties  of  Chase,  Morris,  Osage  and 
Breckenridge  in  one  and  the  same  district — said  district  so  constituted 
being  entitled  to  send  two  delegates  to  this  Convention,  and  that  Messrs. 
J.  M.  Winchell  and  Wm.  McCullough  have  been  admitted  to  seats  as  dele- 
gates from  said  counties,  having  certificates  of  election  from  the  Executive 
of  the  Territory. 

Your  committee  therefore  feel  constrained,  under  the  circmnstances, 
to  report  adversely  to  the  claims  of  said  memorialists. 

J.  P.  Gheer,  R.  Graham, 

W.  P.  Griffith.  B.  F.  Simpson, 

S.  A.  Kingman. 

Mr.  Slough,  from  the  same  committee,  submitted  the  following  mi- 
nority report: 

The  undersigned,  a  minority  of  the  committee  on  Credentials,  on  the 
application  of  Messrs.  Wood  and  Espy,  claiming  to  have  been  elected  in 
the  counties  of  Morris  and  Chase  as  members  of  the  Constitutional  Con- 
vention for  admission  to  membership  thereof,  report : 

1st.  That  the  Constitutional  Convention  Bill  does  not  provide  in  its 
apportionment  for  the  counties  of  Morris  and  Chase. 

2d.  They  find,  upon  examining  the  journals  of  the  Legislature,  that 
at  the  time  of  the  passage  of  the  Constitutional  Convention  act,  there 
was  no  such  county  as  Wise  in  Kansas  Territory. 

3d.  That  the  act  creating  the  county  of  Chase,  according  to  the 
journals  of  the  Legislature,  was  approved  by  the  Governor  on  the  third 
day  of  February,  1S50,  and  the  name  of  the  county  of  Wise  was  changed 
to  Morris  on  the  eleventh  day  of  February,  1859,  that  afterwards,  upon 
the  same  day,  the  Convention  act  became  a  law. 

That  consequently,  neither  Morris  nor  Chase  could  legally  vote  in  the 
17th  or  any  other  district.        • 

4th.     Thev  find  that  Morris  and  Chase  counties  are  now  entirelv  un- 


Thursday,  July  7,  1S59.  41 

represented  in  the  Convention,  and  will  be  virtually  disfranchised  unless 
one  or  both  of  said  applicants  are  admitted  to  seats  in  the  Convention. 

5th.  We  find  that  at  the  election  held  on  the  7th  day  of  June,  a.d. 
1859  the  voters  of  Morris  and  Chase  counties  met  at  their  usual  places 
of  holding  elections,  and  voted  for  two  delegates  to  this  Convention,  and 
that  said  election  and  returns  appear  to  have  all  the  forms  of  law;  that  at 
said  election  for  delegates  to  this  Convention  in  s.aid  counties  of  Morris 
and  Chase: 

S.  X.  Wood  received 159  votes. 

H.  J.  Espv        "       145      "' 

J.  M.  Winchell  "       5      '• 

AYm.  McCulIough  received 5      " 

That,  according  to  said  returns,  Messrs.  Wood  and  Espy  were  duly 
elected  members  of  this  Convention  from  said  counties.  We  therefore 
recommend  the  passage  of  the  following  resolution: 

Resolved,  That  Messrs.  S.  N.  Wood  and  H.  J.  Espy  be  admitted  to  seats 
in  this  Convention  from  Morris  and  Chase  counties  with  all  the  rights  of 
members  of  this  Convention.  John  P  Slough 

C.  B.  McClelland. 

Mr.  Stinsox.  ]\Ir.  President.  I  move  the  adoption  of  the  niinorir>' 
report,  and  that  Messrs.  Wood  and  Espy  be  heard  at  the  bar  of  the  Con- 
A'ention. 

Mr.  Thachei;  proposed  to  substitute  "majority"'  for  "minority." 

Mr.  Ross.  'Mr.  President,  I  hope  the  ciuestion  will  not  be  put  in  that 
shape.  I  propose  to  amend  the  amendment  by  modifying  the  motion  so 
as  to  adopt  the  report  of  the  majority  of  the  committee,  and  cut  off  the 
balance. 

Mr.  Slough.  ]Mr.  President,  I  presume  that  the  argument  upon  the  prin- 
ciples involved  in  this,  as  well  as  the  Wyandotte  case,  might  as  well  come 
up  at  this  time,  and  for  that  I  take  the  floor.  It  may  be,  in  view  of  the 
[*XXII]  facts  the  minority  of  the  Committee  on  Credentials  have  *re- 
]iorted  in  these  two  cases  of  those  claiming  seats  from  Wyandotte  and 
those  from  Morris  and  Chase — that  the  same  argimient  can  be  made  to 
apply  to  both  cases. 

The  facts  presented  in  these  reports — and  which  we  think  justifiable  by 
the  records — show  conclusively,  that,  under  the  law  under  which  this  Con- 
vention assumes  to  convene,  the  counties  of  Wyandotte,  and  those  two 
coimties  in  Southern  KansAs  formed  out  of  Weller,  etc.,  remain  unrepre- 
sented on  this  floor.  This  is  the  basis  of  the  argument.  All  must  concede 
that,  if  the  proposition  I  lay  down  as  a  foundation  is  true — that,  if  these 
people  are  without  a  representative  here,  their  rights  have  been  violated. 
But  gentlemen  shield  themselves  behind  the  law  which  does  not  provide 
them  a  representation. 

There  are  a  few  prominent  considerations,  and  but  a  few,  to  be  taken  in 
the  solution  of  this  matter.  And  to  strike  at  once  at  the  root  of  the  matter, 
I  lay  it  down  as  a  proposition,  that  the  Legislature  of  the  Territory-  of 
Kansas  had  no  right,  either  directly  or  indirectly,  to  disfranchise  any  por- 
tion of  this  people.  It  was  not  competent  for  the  Legislature  so  to  act,  for 
if  you  accord  to  them  the  power  to  disfranchise  one  portion,  you  accord 
the  power  to  disfranchise  every  other  portion  of  the  Territory.  But  it  is 
not  competent  for  them  to  do  so.  It  is  not  in  the  powers  conferred  on 
them  by  the  Organic  Act.  The  Territorial  Legislature  receives  all  its 
lowers  from  that  source,  and  that  act  declares  that  they  shall  have  juris- 


42  Convention  Proceedings  and  Debates. 

diction  over  all  rightful  subjects.  I  submit  that,  if  we  adopt  this  rule  of 
the  right  of  disfranchisement,  and  we  should  make  a  Constitution  unac- 
ceptable to  the  people,  whatever  may  be  the  complexion  of  the  succeeding 
Legislature,  they  may  proceed  to  disfranchise  any  portion  of  the  Territory- 
to  subserve  their  own  purposes  of  representation  in  the  next  Constitutional 
Convention. 

But  granting,  for  the  sake  of  argument,  that  the  Legislature  had  the 
right  to  disfranchise  these  counties,  the  next  question  is,  have  they  so 
done?  And  here  I  make  the  Statement: — though  it  may  be  a  startling 
one — that  we  are  sitting  here  without  authority  of  law.  We  are  no  Con- 
stitutional Convention,  if  we  claim  our  seats  by  virtue  of  the  act  of  the 
11th  of  February  last.  That  act  of  the  Territorial  Legislature  received 
diverse  and  sundry  amendments  which  do  not  appear  in  that  which  re- 
ceived the  signatures  of  officers  and  the  Territorial  Governor.  And,  tak- 
ing the  other  power,  that  which  purports  to  be  the  law  and  was  signed  by 
the  Governor  is  not  the  same  matter  which  passed  the  Legislature.  And 
so  it  is,  that  we  are  sitting  here  without  authority  of  law,  if  we  claim  our 
seats  in  virtue  of  that  act. 

There  is  another  question,  sir,  at  the  bottom  of  the  whole.  I  hold  that 
the  people  have  the  right  to  revolutionize  their  form  of  government.  The 
people  may,  at  any  time,  authorize  a  Convention  of  delegates  to  frame  and 
submit  a  Constitution,  and  if  the  people  ratify  it,  there  is  no  power  on 
earth  that  can  prevent  its  force.  We  have  a  precedent  for  this  in  the 
history  of  the  State  of  New  York.  The  people  of  New  York  called  a  Con- 
stitutional Convention  in  violation  of  their  then  existing  Constitution.  The 
new  Constitution  so  formed  was  submitted  and  ratified  by  the  people,  and 
it  was  held  that  no  power  on  earth  could  question  its  legality. 

This  body,  sir,  is  responsible,  not  to  the  Legislature,  but  to  the  peoi)le. 
This  Convention  is  omnipotent — so  to  speak — the  highest  political  power  re- 
stricted only  by  the  Constitution  of  the  United  States. 

Then  if  I  have  started  out  on  a  just  hypothesis,  we  have  full  control  of 
the  matter  before  us.  If  these  people  have  been  disfranchised  we  can  say 
to  those  gentlemen,  (Messrs.  Wood  and  Espy),  occupy  your  seats  and 
serve  your  constituents  with  us ;  and  we  can  admit  them  or  any  other  per- 
sons ha\dng  similar  claims,  not  only  to  the  floor  and  the  pri\aleges  of  de- 
bates, but  to  the  right  to  vote. 

There  is  another  question,  which  it  seems  to  me,  should  appeal  not 
only  to  the  reason,  but  to  the  sensibilities  of  members.  Let  gentlemen 
[*XXIII]  *put  the  question  to  themselves.  There  is  not  a  man  here — • 
there  is  not  a  man  amongst  our  constituents  who  would  not  feel  as  the 
people  of  Morris  and  Chase  feel,  if  they  had  been  omitted  and  deprived  of 
a  representation  here — that  would  not  feel  that  they  had  a  right  to  be  rep- 
resented on  this  floor,  and  that  would  not  come  here  and  claim  that  right. 
A  principle  is  involved  in  this  question  which  is  above  all  others  in  the  bill 
of  rights — it  is  the  principle  which  led  to  the  formation  of  the  government 
.under  which  we  now  live  and  prosper.  It  has  been  but  a  few  days  since 
we  all  united  in  celebrating  the  anniversary  of  an  event  that  will  live  as 
long  as  time  endures,  and  the  memory  of  wliich  cannot  cease  to  rejoice  the 
hearts  of  millions.  What  was  the  chief  declaration  of  that  event?  It  was 
the  declaration  of  principle  we  all  approve— a  principle  that  loosened  the 
bonds  that  bound  our  fathers  to  the  mother  governipent  and  led  them  to 
set  up  for  themselves — it  was  opposition  to  the  principle  of  taxation  with- 
out representation.  We  were  all  united  on  that  occasion  in  celebrating  the 
triumph  of  this  principle,  and  I  cannot  but  regard  with  surprise  the  fact, 


Thuhsday,  July  7,  1859.  43 

that  so  soon  after  a  majority  of  one  of  the  committees  of  this  body  should 
be  wilhng  to  apply  a  different  rule  to  the  people  of  the  counties  of  Morris 
and  Chase,  who  are  sustaining  with  us  the  burdens  of  taxation. 

Mr.  President,  shall  we  ask  these  people  to  sustain  a  government  which 
they  are  to  have  no  voice  in  framing?  Certainly  not;  and  I  certainly 
think,  sir,  that  it  cannot  be  necessary  for  me  to  say  another  word  in  this 
behalf. 

Mr.  Blunt.  Mr.  President,  I  feel  confident,  in  taking  part  in  this  dis- 
cussion, that  I  can  approach  it  without  partisan  feeling  or  prejudice.  I 
come  here  owing  no  allegiance  to  party  or  sect.  I  come  here  independent — 
representing  a  constituency  belonging  to  all  parties.  I  have  no  other  desire 
than  to  subserve  the  public  interest  and  the  welfare  of  the  people  of  this 
Territory. 

This  is  the  fourth  time  in  the  history  of  Kansas  that  the  people,  through 
their  delegates,  have  made  an  attempt  at  a  State  organization. 

Three  times  prior  to  this,  their  labors  in  this  direction,  for  some  reason 
or  many  reasons,  have  never  terminated  in  any  good,  never  proved  for 
the  benefit  of  the  Territory.  And  I  believe  it  is  now  the  wish  and  the 
desire  of  the  masses  of  the  people  of  the  Territory,  exclusive  of  those  who 
are  figuring  for  certain  positions  in  political  parties,  that  we  should  have 
a  State  organization,  and  that  this  Convention  may  frame  a  Constitution 
that  will  meet  the  wants  and  wishes  of  the  people  of  the  Territory,  that 
will  develop  her  resources  and  subserve  the  interests  of  the  whole  people, 
and  in  connection  with  which  no  barrier  can  be  set  up  against  our  adinis- 
sion  into  the  Union.  In  view  of  these  facts,  our  Legislature,  at  their  last 
session,  provided  the  machinery  by  which  the  people  might  call  a  Con- 
vention to  frame  a  Constitution  for  the  State  of  Kansas.  The  bill  for  this 
purpose  was  composed  of  several  integral  parts.  One  provision  contained 
in  that  bill  was  that  the  Convention  should  consist  of  fifty-two  delegates. 
These  delegates  were  apportioned  among  the  several  districts  of  the  Terri- 
tory. Another  provision  was,  that  on  a  certain  day  the  people  should 
vote  for  delegates  to  this  Constitutional  Convention.  Another  provision 
was,  that  these  delegates  should  assemble  on  the  5th  day  of  July  at  Wyan- 
dotte, and  proceed  to  the  formation  of  a  State  Constitution.  Then  again, 
it  provided  that  on  another  given  day  that  Constitution  should  be  sub- 
mitted to  the  people  for  their  ratification.  And  then  it  further  provided 
for  the  organization  of  the  State  government  by  the  election  of  State 
officers. 

Now,  I  hold  that  the  people,  in  going  into  that  election,  have  passed 
upon  that  law,  and  notwithstanding  all  that  is  said  about  the  sovereignty 
of  this  Convention,  I  believe  that  law  is  binding  in  all  and  each  of  its  parts. 
[*XXIVJ  *With  reference  to  the  admission  of  the  Wyandotte  delegates, 
there  is  sufficient  ground  outside  of  the  law  to  satisfy  my  mind  that  they 
should  not  come  in.  The  gentleman  has  referred  to  the  history  of  this 
legislation,  setting  forth  that  there  was  no  law  authorizing  this  Convention. 
All  that  I  know  about  it  is  outside  of  the  journals  of  the  Legislature.  I 
know  that  such  a  law  appears  upon  the  Statute  book — that  the  Governor 
has  issued  his  proclamation  and  an  election  has  been  held  under  that  law. 
But  I  am  told  that  the  bill  which  they  claim  to  have  passed  both  Houses, 
but  which  did  not  become  a  law  for  want  of  signatures,  provided  for  the 
county  of  Leavenworth  seven  delegates,  and  for  the  county  of  Wyandotte 
two  delegates.  If  gentlemen  hang  their  argument  on  this  fact,  let  them  in 
the  spirit  of  justice,  and  fairness,  and  honesty  toward  Wyandotte  county, 
agree  amongst  themselves  which  of  the  delegates  from  Leavenworth  shall 
step  aside  and  make  room  for  these  two  delegates.     They  have  got  the 


44  CoxvEXTiox  Proceedixcis  axd  Debates. 

stolen  property  in  their  own  pocket.     Let  them  disgorge,  and  tender  to 
Wyandotte  what  in  fairness  and  right  belongs  to  her. 

But,  Mr.  President,  were  this  the  only  ol ejection  I  could  easily  forego 
that.  I  could  easily  consent  to  this  accession  of  delegates  through  Leaven- 
worth. If  this  were  the  only  difficulty  I  could  extend  to  them  the  right 
to  come  in  as  delegates.  But,  as  I  said  before,  the  people  are  desirous  of 
bringing  tliis  matter  of  a  State  organization  to  a  close.  They  feel  that 
their  rights  have  been  chsregarded  and  trampled  upon  too  long,  and  that, 
too,  by  the  same  party  who  are  seeking  to  bring  in  these  delegates.  That 
same  hydra-headed  monster  that  has  been  so  long  treading  us  down  to  the 
dust,  appears  here  to-day  for  the  purpose  of  annoying  us,  and  tempting 
us  to  put  our  foot  in  it  in  such  a  manner  as  to  make  this  Constitution  null 
and  void.  I  would  be  wilhng  to  extend  liberally  every  right  and  courtesy 
we  can  consistent  with  our  duty  and  the  law  creating  this  body;  but  if  in  a 
spirit  of  fairness  and  liberahty  we  should  extend  to  them  the  right  to  come 
fully  with  us  into  this  work,  to  participate  in  the  debates  and  sign  the 
Constitution  with  us,  what  gratitude,  sir,  do  you  suppose  would  be  extended 
to  us  in  return?  The  Constitution  would  bear  upon  its  face  the  e\idence 
of  illegality.  It  would  show  that  tliis  body  was  composed  of  fifty-four 
members,  when  the  law  has  proAided  that  it  shall  consist  of  fifty-two  mem- 
bers; and  the  same  gentlemen  who  are  now  clamoring  for  liberality  and 
against  disfrancliisement,  would  be  first  to  use  it  against  our  adinission 
nito  the  Union,  because  we  could  not  come  in  proper  form  and  legal 
manner. 

I  know  that  it  is  the  desire  of  the  party  now  administering  the  aft'airs  of 
the  Federal  Government,  that  Kansas  may  be  kept  out  of  the  Union,  and 
that  the  Territorial  government  be  continued;  and  it  is  for  the  purpose  of 
preventing  any  pretext  against  our  admission,  that  I  propose  to  confi.ne 
myself  strictly  and  rigidly  to  the  letter  of  the  law,  not  only  in  this  matter, 
but  in  every  other  of  its  provisions. 

IVIr.  President,  Let  [us]  lay  aside  every  partisan  feeling  and  local  preju- 
dice, and  in  the  spirit  of  ingenuousness^  let  us  give  to  the  people  a  Constitu- 
tion that  shall  be  acceptable  to  them  and  honorable  to  our  glorious  constel- 
lation of  States.  Let  us  submit  this  instrument  to  the  people  in  accord- 
ance with  law,  that  when  we  present  ourselves  for  admission  we  may  do 
so  in  a  fair  and  legal  manner ;  and  then,  if  there  should  be  found  men  wish- 
ing to  keep  us  out  because  we  may  not  have  the  requisite  93,000  popula- 
tion, let  the  responsibility  be  on  their  own  hands. 

Mr.  President,  as  I  said  before,  I  have  no  partisan  feeling  in  this. 
I  am  willing  that  eveiything  should  be  done  that  can  be  done  consistent 
with  the  law.  Did  I  not  fear  that  it  would  be  used  as  a  club  against  us,  I 
could  acquiesce  further  in  the  wishes  of  gentlemen.  But  I  conceive  that  our 
[  ■•XXV]  only  safety  is  in  con^fining  ourselves  to  the  letter  of  the  law. 
and  that  confines  us  to  fifty-two  members.  I  have  heard  of  squatter 
sovereignty,  but  I  conceive  that  this  Convention  has  no  power  to  interfere 
with  the  law  on  the  plea  of  squatter  sovereignty.  If  we  have  the  power  to 
increase  our  number,  we  may  diminish  also,  and  we  may  do  so  ad  infinitum. 
If  we  admit  these  from  Wyandotte,  others  may  come  down  upon  lis  from 
Nebraska  on  the  North,  and  the  Cherokee  nation  on  the  other  side.  Sup- 
pose the  election  of  delegates  had  been  held  on  a  difi"erent  day  from  that 
presented  in  the  law,  or  sui)pose  this  body  had  assembled  and  organized 
on  the  first  instead  of  the  fifth  of  July,  could  it  l)e  claimed  that  we  were  a 
legal  body?  Certainly  not.  I  do  not  believe  the  gentlemen  themselves 
e.xpect  these  seats  to  be  accorded.     They  only  want  to  get  us  upon  the 

'  Note. — See  pa?e   [*  2]  for  correction. 


Thursday.  .July  7,  ISoiK  45 

record  in  such  sort  that  they  may  make  poUtical  capital  out  of  it,  may 
oppose  our  admission  into  the  Union,  or  wrest  a  chib  from  oiir  hands  to 
beat  out  our  brains. 

Mr.  Griffith.  Mr.  President,  I  hold  in  my  hand  a  proclamation  of  the 
Governor,  from  which  it  appears  that  the  counties  of  Wise,  Walker,  Osage 
and  Breckenridge  compose  the  17th  district,  and  that  these  claimants  of 
.seats  (Messrs.  Wood  and  Espy)  were  unsuccessful  candidates  in  that 
district.  If  they  were  admitted,  that  district  would  have  twice  the  number 
of  delegates  in  this  body  which  the  law  contemplates.  If  we  are  willing  to 
set  aside  the  law  so  far  as  to  double  the  representation  of  the  17th  district, 
we  can  adopt  the  report  of  the  minority.  I  think  it  does  not  bear  dis- 
cussion. No  person  can  entertain  the  thought  of  the  admission  of  these 
memorialists.  The  record  shows  the  facts  against  them  clearly.  The  matter 
is  too  plain  for  chscussion  or  mistake.  If  these  counties  were  disfranchised 
it  would  be  a  different  case.  But  the  record  shows  that  all  four  of  the  can- 
didates were  voted  for;  and  these  two  unsuccessful  candidates  claim  seats 
because  Morris  and  Chase  counties  have  been  erected  or  appear  under  other 
names  since  the  passage  of  the  Convention  act! 

Mr.  McDowell.  Before  the  vote  is  taken  on  this  proposition,  I  desire 
to  present  some  considerations  influencing  my  mind  to  give  my  vote  in  favor 
of  according  these  seats.  This  is  a  very  grave  question,  to  the  considera- 
tion of  which  we  should  bring  a  calm,  chspassionate  judgment,  in  order  that 
we  may  see  its  bearings  clearly. 

The  gentleman  from  Anderson  (Mr.  Blunt)  certainly  very  happily 
illustrated  the  proposition  with  which  he  set  out — that  he  did  not  intend  to 
view  this  question  with  the  eye  of  a  partisan,  but  look  upon  it  fairly  and 
\\'ithout  excitement,  passion  or  prejudice;  and  before  he  concluded  he 
went  into  a  tirade  against  the  Democratic  party  that  was  certainly  un- 
warranted by  anything  said  by  those  who  had  preceded  him.  It  is  not  my 
purpose  to  reply  to  anj-thing  of  that  sort.  I  propose  simply  to  look  at  the 
(question  on  issue. 

The  first  question  is — Has  this  Convention,  after  its  organization,  any 
legal  power  or  right  to  determine  who  shall  be  admitted  as  members?  or 
are  we  to  be  governed  entirely  by  the  act  of  the  Legislature  that  has 
called  this  Convention?  I  shall  assume  that  the  Convention  act  of  the 
Legislature  was  properly  passed.  I  shall  assume,  for  the  purpose  of  argu- 
ment, that  it  was  properly  passed  and  signed  by  the  President  of  the  Coun- 
cil, the  Speaker  of  the  House  of  Representatives  and  by  the  Governor,  and 
that  to  all  intents  and  purposes  it  is  a  valid  and  binding  law:  still  I  claim — 
this  being  admitted — that  this  Convention  has  the  right  to  admit  those 
gentlemen  elected  for  these  counties,  at  an  election  honestly  held,  notwith- 
standing these  counties  are  not  embraced  in  the  law.  The  only  thing  in  the 
act  is  the  taking  of  the  preliminary  step,  in  order  to  have  an  expression  of 
the  will  of  the  people  upon  the  questions  whether  they  will  have  a  Conven- 
[*XXVI]  tion,  and  who  shall  repre^sent  them  in  it.  To  that  extent  the 
law  ought  to  be  pursued.  But  when  the  delegates  of  the  people  come  in 
here,  the  power  of  the  Legislature  over  them  ceases,  and  this  body  be- 
comes a  sovereign  body  in  itself,  with  no  other  restraint,  as  remarked  by 
my  colleague  [Mr.  Slough]  but  the  Constitution  of  the  United  States  and 
their  own  oath. 

Sir,  what  is  the  object  of  calling  this  Convention?  This  is  one  of  the 
^•a^ious  modes  by  which  a  Territory  may  get  a  State  Constitution  before 
the  Congress  of  the  United  States,  in  order  that  they  may  throw  off  their 
Territorial  condition  and  gain  a  State  Government.  But  this  is  not  the 
only  mode  of  effecting  this  object.     The  people  might  assemble  in  their 


46  CoNVEXTiox  Proceedings  and  Debates. 

sovereign  capacity — might  adopt  a  Constitution — might  delegate  some  one 
to  take  it  to  Washington;  and  if  Congress,  perceiving  it  to  be  republican 
in  form,  are  satisfied  it  is  the  act  and  deed  of  the  people  presenting  it, 
Congress  has  the  right  to  admit  them;  and  they  have  heretofore  recognized 
the  legality  of  such  a  proceeding  by  the  admission  thereupon  of  a  sovereign 
State.  I  say  we  could  have  made  a  Constitution  without  any  Territorial 
law,  which  we  could  send  on  by  way  of  memorial,  and  if  Congress  saw 
fit  they  could  admit  us  into  the  Union  in  that  way.  All  that  Congress 
wishes  to  know  about  it  is,  that  the  Constitution  is  repubhcan  in  form, 
is  the  work  of  the  people  presenting  it,  and  that  the  new  State  desires  ad- 
mission into  the  Union. 

We  have  assembled  here  in  this  body  to  form  a  Constitution  for  the 
people  of  Kansas.  We  are  their  representatives.  They  have  delegated  this 
business  to  us — all  those  of  us  who  have  been  elected  under  this  law.  These 
gentlemen  []\Iessrs.  Wood  and  Espy,]  represent  a  particular  constituency, 
and  come  here  and  ask  for  seats;  and  it  appears  from  the  report  of  this 
committee  that  their  counties  are  in  this  Territory,  and  that  they  are 
large  and  populous,  and  have  no  representation  on  this  floor.  Then,  if  it  is 
desirable  that  this  Convention  should  frame  a  Constitution  for  the  people 
of  Kansas,  in  Gods  name,  it  seems  to  me  that  all  the  people  in  the  Terri- 
tory should  be  represented  here.  Are  you  going  to  say,  sir,  that  the  people 
of  Wyandotte  and  of  Southern  Kansas  shall  not  be  heard  on  this  floor? 

The  majority  of  the  committee  have  reported,  that  through  some  mis- 
take, Leavenworth  county  has  received  the  representation  that  Wyandotte 
county  ought  to  have,  and  that  Wyandotte  is  practically  represented 
through  Leavenworth;  because  at  the  time  of  making  out  the  basis  of 
apportionment,  Wyandotte  county  cUd  not  exist,  but  was  considered  in  the 
apportionment.  It  is  claimed  also,  that  we  are  bound  to  exclude  these  men 
because  this  Convention  act  provides  that  the  Convention  shall  consist  of 
fifty-two  members,  and  that  we  have  no  power  to  increase  that  number. 
If  the  proposition  which  I  have  advanced,  that  we  are  not  limited  by  the 
Territorial  act  after  we  become  organized,  be  true,  then  the  argument 
for  the  latter  objection  has  no  weight  at  all.  If  that  act  can  tie  our 
hands  in  relation  to  the  number  of  delegates — ^if  the  Legislature  can  say 
what  we  shall  do  after  we  get  in  here,  it  may  also  interpose  in  any  other 
matter.  It  may  even  make  the  Constitution  for  us.  It  may  say  we  shall 
have  so  many  committees.  It  may  say  that  the  Constitution  shall  have  so 
many  articles.  The  reasoning  of  gentlemen  who  would  exact  from  us  the 
observance  of  such  a  provision  of  law,  would  lead  to  all  such  absurdities. 
Sir,  the  position  is  so  untenable,  that  it  seems  to  me  no  man  can  seriously 
claim  it. 

But  it  is  claimed  that  the  law  under  which  we  are  assembled  is  not 
the  law  of  the  last  Legislature.  If  that  be  the  case,  we  are  sitting  here  by 
the  sufferance  of  the  people.  If  we  make  a  Constitution  and  the  people 
I  "'XXVII]  adopt  it,  well  and  good;  and  if  the  whole  matter  "has  to  be 
passed  upon  by  the  people,  why  not  let  the  people  be  represented  on  this 
floor? 

The  analogies  that  may  be  drawn  from  a  legislative  body  cannot  be 
fairly  brought  to  bear  upon  this  Convention.  A  legislative  body  is  created 
by  a  specific  act.  It  derives  aU  its  powers  from  the  Constitution.  It  has 
none  others  than  the  powers  given  and  granted  in  that  instrument.  There- 
fore it  would  not  do  to  say  that,  if  this  were  a  question  before  a  legislative 
body  we  could  not  do  what  we  propose  and  advocate.  The  Legislature  is 
the  creature  of  the  organic  act,  aud  restricted  by  it, — whilst  this  body  is 
restricted  by  no  power  but  the  Constitution  of  the  United  States.    Is  there 


Thursday,  Ji  i.y  7,  1859.  47 

anything  in  that  instrument  to  prohibit  these  claimants  from  taking  their 
seats?  I  imagine  not.  Is  there  anything  in  common  justice,  the  behests  of 
which  we  ought  at  all  times  to  observe — that  exacts  their  exclusion?  If  you 
claim  to  represent  the  people,  why  do  you  refuse  to  allow  them  to  be  rep- 
resented? Is  there  not  something  of  the  appearance  of  partisan  feeling  in 
all  this?  Would  not  the  case  have  been  a  Uttle  different,  if  the  political 
complexion  of  these  delegates  had  been  different?  I  submit  these  con- 
siderations to  gentlemen  who  propose  to  act  so  dispassionately  in  the  dis- 
cussion of  this  question. 

Sir,  I  advocate  the  right  to  seats  by  these  men,  because  they  are  entitled 
to  them,  irrespective  of  their  political  proclivities.  I  care  not  what  they 
are.  Whenever  a  county  comes  up  with  a  delegate  that  was  overlooked 
by  the  act  that  brought  us  together,  I  shall  vote  for  his  admission.  I  can 
conceive  of  no  other  aspect  in  which  this  case  can  be  "\dewed.  If  I  am  right 
in  my  first  proposition  of  our  sovereign  power  after  organization,  then  it 
is  conclusive  that  we  have  the  legal  right  to  admit  these  gentlemen.  And 
if  we  have  the  legal  right  to  admit  them,  there  is  the  strongest  possible 
reason  that  we  ought  to  do  so,  in  the  fact  that  unless  we  admit  them  a 
large  portion  of  the  people  of  the  Territory  wall  be  unrepresented  in  the 
work  of  the  Constitution  we  propose  to  make  for  them.  Wyandotte  and 
other  counties  recently  clad  in  the  habiliments  of  county  sovereignty,  are 
knocking  at  our  doors.  They  present  certificates  of  judges  of  election 
showing  that  their  delegates  were  elected  by  a  majority  of  the  voters  in 
their  counties.  They  show  that  unless  they  are  admitted,  their  counties 
with  large  and  intelligent  populations,  will  have  no  voice  upon  this  floor. 
They  ask  admission  as  a  boon — a  higher  one  they  could  not  ask,  and  a 
.slighter  one  we  could  not  grant. 

Mr.  May.  Mr.  President,  I  wash  to  ask  gentlemen  to  consider  whether 
political  complexions  do  not  affect  their  course?  Look,  sir,  at  the  Lecomp- 
ton  Convention.  There  were  nineteen  counties  disfranchised  in  that  Le- 
compton  Convention.  And  gentlemen  from  these  counties  went  up  to  the 
Governor,  and  the  Governor  told  them  they  had  been  overlooked,  and  if 
they  would  send  up  their  delegates  he  would  endeavor  to  have  them  re- 
ceived. They  went  home  and  sent  up  their  delegates  to  the  Democratic 
Convention  at  Lecompton — and  what  was  the  result?  They  were  re- 
jected,— and  there  are  men  now  upon  this  floor  who  voted  against  their 
admission.  Now,  sir,  when  the  gentlemen  throw  out  against  Republicans 
the  charge  of  partisanship,  I  would  advise  him  to  look  at  his  own  act  in 
the  past.  Nevertheless  I  believe  that  Wyandotte  ought  to  be  represented, 
but,  for  my  part,  under  the  law  I  do  not  see  how  we  can  admit  them.  I 
have  never  seen  in  any  Legislative  body  or  Constitutional  Convention  any 
more  members  admitted  than  the  law  pro\ided  for.  It  is  the  same  in  all 
legislative  bodies,  and  Constitutional  Conventions.  I  do  not  think  we  have 
the  power  to  increase  our  number  above  52.  I  am  clear  in  the  impression, 
that  the  gentleman  cannot  point  to  the  case  of  any  deliberative  body 
wherein  such  a  thing  has  been  done,  either  in  this  Territory  or  elsewhere. 
But  there  is  one  thing  I  am  glad  of,  I  am  glad  to  perceive  that,  as  a  party 
[*XXVIII]  our  Democratic  friends  are  repenting  and  doing  their  *first 
work  over  again.  I  think  they  are  looking  at  the  matter  and  beginning  to 
see  some  of  the  absurdities  of  their  conduct  heretofore,  and  that  they  are 
now  taking  different  ground.  Although  the  law  called  the  Organic  Act 
has  embraced  in  it  the  doctrine  of  squatter  sovereignty  yet  it  seems  to  me 
that  the  action  of  the  Democratic  party  in  Kansas  has  repudiated  that.— 


4S  CoxvEXTiox  Proceedixgs  axd  Debates. 

But,  as  I  said  l:)efore.  I  am  glad  they  have  repented,  and  seem  to  be  doing 
their  first  work  over  again. 

Mr.  Graham.  Mr.  President,  I  rise  for  the  purpose  of  giving  my  knowl- 
edge of  the  passage  of  this  law,  and  for  the  purpose  of  \andicating  the 
character  of  the  last  Territorial  Legislature,  which  was  assaulted  on  this 
floor  last  Tuesday.  Gross  charges  of  corruption  and  fraud  were  made 
against  that  Legislature.  Having  been  a  member  of  that  body,  it  seems 
to  me  proper  that  I  should  state  how  these  alleged  frauds  were  committed. 
Sir,  I  never  saw  a  deliberative  body  numbermg  thirty-eight  men,  more  fair, 
honest  and  upright  in  purpose  and  act,  than  the  men  of  that  Legislature  of 
The  Territory  of  Kansas,  [Laughter]  and  when  this  charge  was  brought 
against  tliis  body — (which  was  entirely  Republican) — I  thought  it  was 
designed  for  a  reflection  on  the  Repubhcan  party. 

The  bill  for  the  purpose  of  calling  a  Convention  to  frame  a  Constitution 
was  introduced  into  the  Legislature  before  the  county  of  Wyandotte  had  an 
existence.  It  was  then  part  of  the  county  of  Leavenworth.  The  bill,  as 
introduced,  gave  to  Leave»worth  ten  delegates. — But  when  afterwards  the 
county  of  Wyandotte  had  been  created — (Gov.  Roberts  was  the  member 
from  Wyandotte) — the  Convention  bill  had  passed  the  Council.  A  similar 
bill  in  the  House  of  Representatives  had  not  been  acted  on.  A  Committee 
was  raised  on  that  bill  to  consider  the  basis  of  representation.  That  com- 
mittee took  the  highest  number  of  votes  ever  cast  at  any  election  (with  the 
exception  of  the  frauds  at  different  points)  for  their  basis,  and  fixed  the 
number  of  delegates  to  the  Convention  at  52 — 2SS  being  given  as  the 
ratio  of  representation.  With  these  elements  we  went  on  and  made  the 
apportionment,  which  brought  in  the  nineteen  cUsfranchi.^ed  counties. 
Doniphan  had  not  enough  to  entitle  her  to  five  representatives,  and  two 
were  stricken  off  and  given  to  Wyandotte,  &c.  This  was  by  way  of 
amendment  to  the  Council  bill.  The  Council  assented  to  the  House  amend- 
ments, except  that  they  reduced  the  Wyandotte  delegation  to  two,  added 
one  delegate  to  Doniphan,  and  struck  out  "Atchison"  and  inserted  "Wyan- 
dotte" as  the  place  of  [for]  holding  the  Convention.  We  in  the  House  of 
Representatives  at  once  concurred,  because  those  were  the  last  days  of  the 
session,  and  we  wished  to  get  the  bill  before  the  Gov.  in  time  to  avoid  his 
veto.  This  is  a  plain  statement,  and  as  to  the  charge  of  fraud  it  is  utterly 
preposterous.  It  comes  with  a  very  bad  grace  from  these  gentlemen — rais- 
ing a  hue  and  cry  about  fraud,  when  thej^  themselves  are  members  of  the 
party  that  has  inaugurated  all  the  pohtical  frauds  in  the  Territory.  It  is 
certain  that  a  great  fraud  was  practiced  there,  but  how  it  came  about  I  do 
not  know.  The  bill  had  to  go  through  the  hands  of  clerks,  printers  and 
officers  of  both  Houses.  I  do  not  charge  fraud  upon  any  man,  but  fraud  was 
committed.  But  to  bring  this  charge  against  the  Republican  party,  who  in 
all  things  in  this  matter  have  acted  fairly  and  honorably — it  comes  with  a 
very  bad  grace  from  Leavenworth. 

I  could  state  other  things,  Mr.  President,  but  I  prefer  to  throw  the  veil 
over  them. 

Mr.  Stixsox.  Mr.  President,  1  cordially  agree  with  my  friend  in  the 
admission,  that  a  gross  fraud  has  been  perpetrated  upon  the  people  of  this 
Territory.  There  can  be  no  dispute  in  relation  to  that;  and  now  we  urge 
this  body  to  rectify  that  fraud — to  make  that  right  which  we  all  acknowl- 
edge to  be  wrong.  And  with  what  arguments  are  we  met?  We  are  told  of 
the  story  of  Lecompton.  The  gentleman  says  the  Democratic  party  had 
[*XXIX]  the  Le*compton  Convention  and  disfranchised  nineteen  coun- 
ties, and  now  we  Republicans  will  try  our  hand  and  disfranchise  one! 
That  is  the  argument  legitimately.    But  I  do  not  think  jrontlemon  intend  to 


Thursday.  Jily  7,  1S59.  49 

use  it.  There  must  be  some  other  reason.  Such  reasoninq;  mi'.rht  be  eood 
in  a  court  of  law — good  special  pleading.  But,  .sir,  here  is  somethinir  be- 
sides mere  technicality  in  this  question — something  involvins  the  rights  of 
freemen.  It  is  not  the  mere  letter  of  the  law  that  we  are  to  look  at.  We 
are  not  s-mply  to  inquire,  "Is  it  so  nominated  in  the  bond?"  but  we  are  to 
regard  what  is  right,  and  do  what  we  can  to  restore  to  these  people  their 
rights  in  the  premises. 

It  has  not  been  alleged  that  there  would  be  any  violation  of  law — 
though  there  might  be  a  non-compliance — in  the  admission  of  the  dele- 
gates from  Wyandotte  county.  I  hope  gentlemen  will  not  give  us  here  the 
remnants  of  their  political  speeches  in  the  canvass,  but  confine  themselves 
strictly  to  the  question.  The  question  is  this:  whether  or  not  we  are  will- 
ing that  these  gentlemen  [Messrs.  Wood  and  Espy]  claiming  to  have  been 
elected  delegates  from  the  counties  of  Morris  and  Chase,  shall  present  their 
claims  personally  before  the  House?  Once  it  has  been  refused.  There 
has  been  management  to  exclude  them.  Sir,  I  think  that,  in  all  fairness, 
when  men  come  here  claiming  an  important  privilege — fl  speak  from  the 
little  knowledge  and  experience  I  have) — we  ought  to  allow  them  to  come 
in  personally  and  present  their  claims. 

I  hope  the  motion,  in  its  present  shape,  will  not  prevail,  because,  if 
these  men  are  excluded,  I  did  not  wish  them  to  feel  that  they  have  been 
gagged  down. 

Mr.  Thacher.  Mr.  President,  I  have  but  a  word  to  say.  Our  debate 
has  wandered  from  the  subject  legitimately  before  us.  The  question  of  the 
legitimacy  of  the  seats  for  Wyandotte  is  not  before  us.  The  only  question 
is  as  to  the  right  of  the  two  gentlemen  claiming  seats  for  the  counties  of 
Morris  and  Chase.  Now,  upon  that  question  we  cannot  doubt.  Both  by 
the  proclamation  of  the  Governor  and  the  law,  it  appears  that  there  are 
four  counties  entitled  to  two  members.  It  appears  from  the  proclamation 
that  four  canchdates  were  before  the  people  of  that  (17th)  district.  Two 
of  these  had  the  highest  number  of  votes,  and  received  their  certificates. 
The  parties  defeated  come  in  here  and  claim  to  represent  two  out  of  these 
four  counties.  The  proposition  is  so  absurd  to  my  mind,  that  I  do  not 
see  how  it  can  be  entertained.  The  people  have  decided,  not  that  these 
men,  but  two  others  already  holding  seats  here,  shall  represent  them. 

So  far  as  the  partisan  aspect  of  the  case  is  concerned,  gentlemen  make 
a  great  mistake.  The  two  persons  claiming  from  down  there,  have  al- 
ways been  identified  not  only  with  the  Free  State  element,  but  with  the 
strictest  and  rigidest  sect  of  that  element.  One  of  them  is  most  strenu- 
ously opposed  to  the  so-called  Democratic  party, —  and  yet  we  are  told  that 
we  are  excluding  them  on  party  grounds.  These  men  have  always  been 
identified  ^ith  us  in  action  and  sentiment, — and  so  that  falls  to  the  ground. 

I  am  willing,  sir,  to  admit  a  great  deal  that  has  been  said  on  the  other 
side  in  regard  to  the  power  of  this  Convention.  If  you  could  convince  me 
that  there  is  one  county  in  the  Territory  disfranchised,  I  should  vote  to 
admit  their  delegates  here.  But  a  false  position  has  been  assumed.  You 
might  as  well  tell  me  that  certain  wards  in  the  city  of  Leavenworth  were 
disfranchised,  because  their  delegates  here  do  not  represent  the  public 
sentiment  of  those  certain  wards.  You  might  as  well  come  up  and  say  to 
me  that  certain  people  in  my  county  are  disfranchised  here — and  iliat  mi  rht 
be  true  in  one  sense — but  if  such  argument  is  to  have  weight,  what  be- 
comes of  our  republican  institutions?  I  say  again,  if  there  was  one  dis- 
franchised county  I  should  vote  to  admit  her  delegates.  I  apprehend, 
[*XXX]  sir,  that  the  people  of  Kansas  have  been  too  *long  disfran- 
chised— too  long  ground  down  by  the  iron  heel  of  oppression — too  long 

4 — 778 


50  Convention  Proceedings  and  Debates. 

the  victims  of  a  foreign  power,  to  refuse  now  to  her  own  people  any  of  the 
rights  to  which  they  are  entitled.  Said  the  Carthagenian  conqueror  to  the 
Roman  Enaus,  "I  have  learned  to  pity  the  unfortunate,"  and  we  would  be 
untrue  to  our  past  professions — to  the  great  lessons  that  have  been  ex- 
perimentally impressed  upon  our  minds,  did  we  not  in  this  body  render 
equal  and  exact  justice  to  every  community  and  locality  in  the  Territory. 
But  when  people  have  been  defeated  in  the  popular  arena,  and  then  seek 
to  be  admitted  here,  I  tliink  it  is  asking  entirely  too  much. 

Sir,  when  the  other  case  comes  up,  I  apprehend  that  still  stronger  argu- 
ments will  be  found  against  that,  than  appears  in  this  case  of  the  counties 
of  Alorris  and  Chase:  for  when  you  argue  for  that  case,  you  must  impugn 
and  impeach  the  proclamation  of  the  Governor,  the  Convention  law  and 
everything  connected  therewith;  and  I  apprehend  gentlemen  will  not  go  so 
far  as  that. 

Mr.  Greer.  IVIr.  President,  I  propose  to  confine  myself  to  a  few  posi- 
tions taken  by  gentlemen,  and  to  the  question  itself.  It  is  assumed  that 
this  Convention  is  omnipotent — limited  only  by  the  Constitution  of  the 
United  States,  and  subject  only  to  the  ratification  of  the  people.  I  admit 
that  the  Convention  is  omnipotent,  but  for  certain  purposes  only.  It  is  not 
so  as  to  inherent  power,  but  it  is  so  as  to  their  power  deri%ed  from  the 
people  to  make  a  Constitution.  Hence,  in  view  of  this  proposition — sup- 
posing the  argument  of  gentlemen  to  have  been  well  taken — there  is  no 
ground  to  assume  that  the  people  of  any  county  to  whom  this  Convention 
submits  a  Constitution,  will  be  disfranchised  ultimately.  This  Convention 
unquestionably  has  the  power  under  the  Constitution  of  the  United  States, 
to  put  into  the  Constitution  to  be  submitted  to  the  people  of  Kansas  any 
proposition  they  may  see  fit.  It  is  not,  however,  in  the  power  of  the  Con- 
vention to  disregard  the  law  which  has  called  it  into  being.  This  Conven- 
tion is  not  a  power  which  the  people  have  consented  to  be  governed  by. 
The  people  cannot  delegate  sovereign  power  to  a  body  like  this.  That  is 
inherent  in  the  people  themselves.  I  am  not  ready  to  concede  the  propo- 
sition, that  the  people  may  delegate  power  to  bind  themselves  without 
their  consent. 

Then  so  far  as  the  omnipotence  of  the  Convention  is  concerned  I  beg 
leave  to  differ  from  gentlemen.  The  law  calling  the  Convention  says 
\pecifically,  that  this  body  shall  be  composed  of  fifty-two  members.  The 
act  of  the  Legislature  demands  obedience.  When  the  laws  are  in  concise 
fiinguage  no  court  can  question  their  binding  force,  if  they  are  not  in  viola- 
tion of  Organic  law.  Then  if  the  Convention  is  bound  by  the  act  calling 
it  into  existence,  it  can  have  no  power  to  go  beyond  that  act,  so  far  as  it  is 
limited  positively,  and  so  far  as  the  people  have  already  acted  upon  it  and 
accepted  its  provisions.  Whatever  power  the  Convention  has,  as  against 
the  law,  must  belong  to  that  portion  of  the  law  which  the  people  have  not 
accepted  and  acted  upon. 

It  is  said  by  gentlemen  on  the  other  side  of  this  question,  that  we  are 
sitting  here  without  authority  of  law.  I  hold  in  my  hand  an  act  passed 
by  the  last  Legislative  Assembly,  signed  and  sanctioned  by  the  Governor, 
and  having  all  the  sanctions  to  give  it  force  that  belongs  to  any  act  of  the 
Legislative  Assembly.  With  the  leave  of  the  Convention,  I  will  read  the 
certificate  of  the  Secretary  of  the  Territory.    [Reads] . 

The  act  is  in  this  volume  (the  Statutes)  calling  this  Convention,  under 
which  the  people  have  acted,  and  so  far  as  it  has  been  carried  out  the 
people  have  been  governed  by  it,  and  I  hold  that  we  cannot  depart  from 
those  provisions  under  which  the  people  have  acted. 


Thursday,  July  7,  1859.  51 

Sir,  I  feel  clear  of  any  partisan  prejudice  in  this  case.  I  stand  on  hiq:h 
ground.  Although  I  maj'  be  slightly  Republican,  I  would  not  consent  for 
[*XXXI]  a  moment  to  disfranchise  any  *portion  of  the  people  of  this 
Territory.  This  is  one  of  the  granrl  reasons  why  I  think  these  parties 
claiming  from  the  counties  of  Morris  and  Chase  have  no  right  to  seats  on 
this  floor.  I  understand  from  proper  authority,  that  the  basis  of  appor- 
tionment for  tliis  Convention  is  a])out  three  hundred  votes.  Looking  at 
the  proclamation  of  the  Governor,  which  contains  the  returns  from  the 
counties  represented  here  by  J.  M.  Winchell  and  Wm.  McCullough,  I  find 
that  less  than  six  hundred  votes  were  cast  in  those  counties.  Then  would 
it  not  be  giving  that  portion  of  the  Territory  a  double  representation  to 
admit  these  parties!  It  would  most  unquestionably.  This  is  a  proposition 
so  plain  that  it  need  not  be  argued.  Independently  of  this,  these  gentle- 
men (Wood  and  Espy)  do  not  come  here  as  haA'ing  received  a  majority 
of  the  votes  of  that  chstrict.  nor  with  any  other  pretence  or  thing  upon 
which  this  Convention  could  act  either  justly,  legally  or  intelhgently.  1 
reside  in  a  remote  county  of  the  Territory,  but  I  represent  a  constituency 
as  jealous  of  their  rights  as  any  other  people — and  I  will  never  consent  to 
so  far  disfranchise  my  own  constituents  as  to  grant  a  double  representa- 
tion to  any  district  represented  in  this  body. 

Much  has  been  said,  sir,  and  with  seeming  confidence — whether  for  the 
purpose  of  affecting  the  Convention  or  the  public  I  do  not  pretend  to  say — 
l:>ut  it  has  been  urged  here  that  a  great  wrong  has  been  sustained  by  the 
counties  of  Morris,  Chase  and  Wyandotte,  by  way  of  disfranchisement. 
This  I  deny.  Then  again,  it  is  said,  we  throw  them  out  on  political  grounds. 
This  is  not  what  I  want ;  I  hope  the  majority  here  will  not  be  actuated  by 
so  narrow  a  policy  as  to  exclude  claimants  from  seats  on  purely  party 
grounds.  I  do  not  to-day  know  what  are  the  political  sentiments  of  the 
gentlemen  claiming  seats  from  the  counties  of  Chase  and  Morris.  I  am 
told  by  some  that  they  are  Republicans,  by  others,  Democrats. 

I  am  told,  sir,  that  there  are  gentlemen  from  certain  portions  of 
Nebraska  coming  here  and  claiming  seats.  If  this  be  so,  they  will  certainly 
find  themsehes  outside  of  the  law  calling  this  Convention,  and  my  action 
in  this  case  will  be  as  strong  against  them  as  that  now  before  us.  I  am 
told  that  these  Nebraska  claimants  are  about  half  and  half — equally 
di\'ided  in  political  sentiment. 

I  cannot  conceive  of  a  single  proposition  on  which  these  men  can  hang 
their  claims. 

Mr.  Stinsox.  I  move  to  lay  the  amendment  of  the  gentlemen  on  the 
table. 

Mr.  PREsmEXT  recognized  Mr.  Ross. 

Mr.  Stixsox.    I  withdraw  for  the  gentleman. 

Mr.  Ross.  One  idea  occurs  to  me,  and  that  is,  by  the  admission  of  these 
gentlemen  we  shall  disturb  the  basis  of  representation  established  by  the 
Legislature,  which  the  Convention  is  not  competent  to  do.  And  then,  if 
we  were  to  give  this  undue  representation,  to  that  extent  we  would  dis- 
franchise every  other  portion  of  the  Territory. 

The  PREsmEXT  stated  the  question  to  be  on  the  adoption  of  Mr.  Ross' 
motion  to  amend  so  as  to  make  the  proposition  simply  "to  adopt  the 
report  of  the  majority  of  the  committee." 

Mr.  Gr.\ham  demanded  the  yeas  and  nays  and  they  were  ordered,  and 
being  taken  resulted — yeas  30,  nays  IS — as  follows: 

Yeas— Messrs.  Arthur,  Burris,  N.  C.  Blood,  Crocker,  Button,  Graham, 


52  Convention  Proceedings  and  Debates. 

Greer,  Griffith,  Hutchinson,  Hanway,  Hoffman,  Ingalls,  Kingman,  Lilhe, 
Lamb,  Midd'eton,  May,  McCuUouah,  Preston,  Porter,  Ritchie,  Ross, 
Signor,  Stokes,  Simpson,  Thacher,  Townsend,  T.  S.  Wright,  Wilhams,  Mr. 
President — 30. 

Nays — Messrs.  Bhmt,  Brown,  Barton,  Foster,  Forman,  Hippie,  Hub- 
bard, Houston,  McDowell,  McCune,  McClelland,  Palmer,  Parks,  Slough, 
Stinson,  Stiarwalt,  J.  Wright,  Wrigley — 18. 

So  the  modification  was  agreed  to;  and  then  the  motion,  as  amended, 
was  adopted.  printing  and  reporting. 

Mr.  Ross,  from  the  committee  on  Printing,  Reporting,  and  Preservation 
of  Records,  submitted  the  following: 

[*XXXII]  *The  committee  on  Printing  respectfully  report  that  they  have 
contracted  for  the  necessary  printing  for  this  Convention  on  terms  shown 
in  the  following  agreement: 

I  hereby  agree  to  execute  Printing  for  the  Constitutional  Convention,  at 
one  dollar  per  thousand  ems  composition,  and  one  dollar  per  token  for 
presswork — this  proposition  to  include  journal  of  proceedings,  and  all  other 
work  in  newspaper  or  book  type.  Jobbing  at  usual  rates.  Payment  to  be 
made  in  scrip.  g   j^    MacDonald. 

July  6,  1859. 

In  regard  to  the  printing  and  preservation  of  the  records  of  this  Con- 
vention, your  committee  report  the  following  agreement  on  the  part  of 
Dr.  Bush,  to  wit: 

Wyandotte,  July  7,  1859. 

CoiMiNtiTTEE — Gentlemen — Dr.  Bush  authorizes  me  to  state  for  him,  that 
he  will  make  verbatim  reports  of  the  proceedings  and  debates  of  the  Con- 
stitutional Convention  for  the  Congressional  compensation  for  such  service, 
i.  e.,  six  dollars  and  twenty-five  cents  for  every  thousand  words  reported. 
He  will  also  make  the  condition,  that  his  account  be  placed  on  an  equal 
footing  with  the  ordinary  expenses  of  the  Convention.  He  will  agree  to 
keep  up  the  reports  as  promptly  as  the  body  may  desire  them  for  pub- 
lication, and  otherwise  in  this  matter  remain  subject  to  the  order  of  the 
Convention.  Respectfully  submitted, 

A.  E.  Drapier. 

The  report  was  adopted,  and  the  contracts  accordingly  confirmed. 
Mr.  DcDowELL  made  an  ineffectual  motion  to  adjourn  till  Monday  to 
facilitate  the  organization  and  business  of  the  standing  committees. 

standing    COMMITTEES. 

The  President  announced  the  standing  committees  of  the  Convention. 
The  Convention  then  adjourned  till  to-morrow  morning  at  9  o'clock. 


Friday,  July  8,  1859. 
The  Convention  met  at  9  o'clock,  a.  m. 

Prayer  by  the  Chaplain. 

Mr.  E.  Moore,  a  delegate  from  the  county  of  Jackson,  came  forward, 
received  the  oath  of  a  member,  and  took  his  seat  in  the  Convention. 

WOOD  and  espy. 

Mr.  Slough  presented  a  paper  in  the  character  of  a  petition  and  re- 
monstrance, signed  by  S.  N.  Wood  and  H.  J.  Espy,  remonstrating  against 
the  jiction  of  the  Convention  in  their  case. 


Friday,  July  S,  1859.  53 

The  paper  was  being  read  by  the  secretary — 

Mr.  Ritchie.  Mr.  President,  would  it  be  in  order  to  move  for  a  sus- 
pension of  the  reading  of  insulting  papers? 

The  President.    The  paper  is  with  the  Convention. 

Mr.  Ritchie.  Then  I  move  that  the  reading  of  this  memorial  be  dis- 
pensed with. 

Mr.  Slough.  ^Ir.  President,  it  seems  to  me  to  be  out  of  order  to  make 
a  motion  when  any  matter  is  pending. 

Mr.  President.    There  is  nothing  pending. 

Mr.  Slough.  Could  the  Convention  entertain  a  motion  to  interrupt  the 
reading  of  a  proposition  to  amend? 

The  President.    It  could. 

Mr.  Wrigley.  How  can  the  gentleman  know  that  the  paper  is  insulting 
before  he  hears  it? 

Mr.  Slough.  I  have  read  it  through,  and  there  is  not  a  word  in  it, 
which,  without  violence,  can  be  construed  into  an  insult. 

Mr.  Blunt.  I  voted  yesterday  against  the  proposition  to  exclude 
Messrs.  Wood  and  Espy  from  being  heard  here,  because  I  thought  it  due 
to  courtesy  to  hear  them.  But,  their  matter  having  been  disposed  of,  I 
think  it  would  not  be  well  to  occupy  further  time  about  it.  I  shall  vote 
to  suspend  the  reading. 

Mr.  Ritchie.  The  question  has  been  asked,  how  I  arrived  at  the  con- 
[*XXXIII]  elusion  that  the  matter  "*is  insulting  before  the  reading? 
I  answer:  because  I  consider  this  document  emanates  from  a  course  of 
insults,  from  the  commencement.  I  understand  that  this  body  is  composed 
of  members  who  have  been  before  the  people,  and  that  they  have  decided 
that  we,  the  fifty-two  recognized  members  here,  are  the  proper  representa- 
tives of  the  people  of  Kansas  in  this  Convention.  The  Governor,  also, 
has  so  decided,  l^y  issuing  his  certificate  of  the  fact;  and  now  here  comes 
up  two  of  the  minority  candidates,  who  have  been  decently  defeated,  ask- 
ing to  take  this  authority  out  of  our  hands  and  place  it  in  their  own.  Now, 
in  behalf  of  the  people,  I  hold  this  to  be  an  insult,  not  only  to  us,  the 
representatives  of  the  people,  but  the  people  themselves.  I  would  inquire 
whether  every  member  is  not  satisfied  that  time  enough  has  already  been 
spent  on  this  question,  and  capital  enough  made  out  of  it  for  political 
effect  to  go  into  the  canvass?  I  want  it  to  be  distinctly  understood  that 
I  am  not  a  partisan  in  this  case.  I  generally  commend  the  sentiments  and 
doctrines  that  emanate  from  the  Democratic  side  of  the  House,  if  there  are 
two  sides  here.  Their  doctrines  are  impregnable.  They  are  the  doctrines, 
the  sentiments  of  the  American  people,  and  cannot  be  ignored.  I  do  not 
believe  in  the  application  they  make  of  them.  I  am  glad  that,  as  members 
of  this  body,  we  are  becoming  so  nearly  allied  to  each  other;  for  the  Topeka 
Constitution  emanated  from  the  dictatorial  basis  which  was  declared  here 
yesterday  by  the  Democracy.  To  show  that  there  is  no  partisan  feeling 
in  my  course,  I  will  state  here  that  I  understand  that  one  of  these  me- 
morialists is  a  fanatic,  a  negro-stealer,  an  abolitionist.  I  plead  guilty 
myself  to  all  these  accusations,  and  therefore  I  could  have  no  political 
prejudice  against  hearing  from  that  side  of  the  House. 

The  yeas  and  nays  being  demanded  and  taken,  resulted — yeas  29,  nays 
20 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett.  Blunt,  N.  C.  Blood,  Crocker,  Dutton, 
Graham,  Greer,  Griffith,  Hutchinson,  Hanway,  Hoffman,  Houston,  Ingalls, 


54  CoNVEXTiox  Proceedings  axd  Debates. 

Kingman,   Lillie,   Lamb,   Aliddleton,   May,   McCulloiigh,   Preston,   Porter, 
Ritchie,  Ross,  Signor,  Stokes,  Thacher,  Townsend,  Williams — 29. 

Nays — Messrs.  Brown,  Barton.  Burris,  J.  Blood,  Foster,  Forman,  Hip- 
pie, Hubbard,  Moore,  McDowell,  McCune,  McClelland,  Palmer,  Parks, 
Slough,  Stinson,  Stiarwalt,  Simpson,  J.  Wright,  Wrigley — 20. 

So  the  reading  was  dispensed  with. 

Mr.  Slough  moved  that  the  paper  go  to  the  liles  of  the  Convention. 

Mr.  Thacher  proposed  to  amend  by  rejection. 

Mr.  SLorcH  demanded  the  yeas  and  nays,  and  they  were  ordered,  and 
being  taken,  resulted — yeas  30,  nays  19 — as  follows: 

Yeas — Messrs.  Burnett,  Burris,  J.  Blood,  N.  C.  Blood,  Crocker,  Dutton, 
Graham,  Greer,  Griffith,  Hutchinson.  Hanway,  Hoffman,  Houston,  Ingalls, 
Kingman,  Lillie,  Lamb,  Middleton,  May,  McCuUough,  Preston,  Porter, 
Ritchie,  Ross,  Signor,  Stokes,  Simpson,  Thacher,  Townsend,  Wilhams — 30. 

Nays — Messrs.  Arthur,  Blunt,  Brown,  Barton,  Foster,  Forman,  Hippie, 
Hubbard,  Moore,  McDowell,  ^^IcCune,  McClelland,  Palmer,  Parks,  Slough, 
Stinson,  Stiarwalt,  J.  Wright,  Wrigley — 19. 

So  the  amendment  was  agreed  to  and  the  paper  rejected. 

VOTE    OF   THE    PRESIDENT. 

Mr.  Ross  proposed  the  following  amendment  to  the  6th  rule,  which  was 
adopted : 

"In  all  cases  of  election  by  the  Convention,  the  President  may  vote.  In 
other  cases  he  shall  not  be  required  to  vote,  unless  the  Convention  be 
equally  divided,  or  unless  his  vote,  if  given  to  the  minority,  will  make  the 
division  equal;  and  in  case  of  such  equal  division,  the  question  shah  be  lost." 

SCHEDULE — SLAVES — APPORTIONMENT. 

Mr.  Parks  submitted  the  following,  and  moved  its  reference  to  the  com- 
mittee on  schedule: 

Resolved,  That  the  committee  on  the  schedule  be  instructed  to  enquire 
into  the  propriety  of  incorporating  the  following  provisions  in  its  report: 

1st.  That  no  incon\enience  may  arise  by  reason  of  a  change  from 
a  Territorial  government  to  a  permanent  State  Government,  it  is 
[*XXXIV]  *hereby  declared  that  all  writs,  actions,  prosecutions,  judg- 
ments, claims,  recognizances,  contracts  and  rights,  for  or  against  individuals 
or  corporations,  shall  exist  and  continue  as  if  no  change  in  the  government 
had  taken  place. 

2d.  All  fines,  penalties  and  forfeitures  due  and  owing  to  the  Territory  of 
Kansas,  or  to  any  county  thereof,  shall  inure  to  the  benefit  of  the  State  of 
Kansas,  or  such  county  of  the  same.  All  bonds  issued  to  any  officer  of  said 
Territory,  or  of  any  county  thereof,  in  his  official  capacity,  shall  pass  over 
to  the  officer  performing  the  same  or  similar  duties  in  the  State  of  Kansas, 
or  to  such  county  of  the  same. 

3d.  All  suits,  pleas,  plaints  and  other  proceedings  now  pending  in,  and 
all  books,  papers,  records  and  other  documents  belonging  to  any  court  of 
the  Territory  of  Kansas,  or  of  any  county  thereof,  shall  be  respectively 
transferred  to  the  courts  performing  the  same  or  similar  duties  established 
by  the  authority  of  this  Constitution. 

4th.  All  laws  and  parts  of  laws  now  in  force  in  the  Territory  of  Kansas, 
and  not  inconsistent  with  the  provisions  of  this  Constitution,  shall  con- 
tinue and  remain  in  full  force  and  effect,  until  they  expire  by  their  own 


Friday,  July  S,  1859.  55 

limitation  or  are  repealed  or  altered  by  the  General  Assembly,  under  the 
authorit}-  of  this  Constitution. 

5th.  All  officers  of  this  Territory  now  holding  commissions  from  the 
United  States,  or  from  the  said  Territory,  shall  continue  to  hold  and  per- 
form the  duties  of  their  respective  offices,  until  they  are  superseded,  under 
the  authority  of  this  Constitution;  and  all  such  officers  shall  receive  the 
same  compensation  for  their  services  from  the  State  of  Kansas,  for  the 
time  they  may  so  serve,  as  they  do  respectively  from  the  United  States  or 
from  the  said  Territory. 

6th.  The  Go^•ernor  of  the  State  shall  use  a  private  seal  until  a  State 
seal  be  procured. 

7th.  For  the  purpose  of  taking  the  vote  of  the  electors  of  this  Terri- 
tory for  the  ratification  or  rejection  of  this  Constitution,  an  election  shall 
be  held  in  the  various  precincts  of  this  Territory  on  the  first  Tuesday  of 
November,  1859,  which  election  shall  be  conducted  in  all  respects  accord- 
ing to  the  provisions  of  an  act  of  the  last  Territorial  Legislature,  entitled 
"An  act  providing  for  the  formation  of  a  Constitution  and  State  Govern- 
ment for  the  State  of  Kansas."    Approved  February,  1858. 

8th.  Each  elector  shall  express  his  assent  or  dissent  to  this  Constitution, 
by  voting  a  written  or  printed  ballot  labelled,  "For  the  Constitution,"  or 
"Against  the  Constitution." 

9th.  If  a  majority  of  all  the  votes  cast  for  or  against  the  Constitution, 
shall  be  given  in  favor  of  this  Constitution,  then  the  same  shall  be  deemed 
to  be  accepted  by  the  people  of  the  State,  and  shall  take  effect  accordingly ; 
but  if  a  majority  of  such  votes  be  against  this  Constitution,  then  the  same 
shall  be  deemed  to  be  rejected  by  the  people  of  the  Territory,  and  shall  be 
null  and  void. 

10th.  In  the  event  that  the  electors  of  this  State,  shall  decide  in  favor 
of  this   Constitution,   according  to   the   preceding  sections,   then   section 

of  the  Bill  of  Rights  shall  be  suspended  in  its  operation,  as  to 

slaves  in  the  Territory  at  the  time  this  Constitution  shall  be  ratified  as 
aforesaid,  for  the  space  of  twelve  months  from  the  day  of  said  election;  that 

is  to  say,  until  the day  of  November,  1860,  when  the  same  shall 

be  revived,  and  shall  remain  and  continue  in  full  force  and  effect  forever. 

11th.  The  Governor  of  this  Territory  shall  issue  his  proclamation,  not 
more  than  thirty  days  after  said  election,  in  which  he  shall  announce  the 
result  of  the  same,  and  in  the  event  that  electors  have  decided  in  favor  of 
this  Constitution,  he  shall,  by  proclamation,  at  the  same  time,  order  an 
election  to  be  held  at  the  various  voting  precincts  in  said  Territory  of  Kan- 
sas, on  the  first  Tuesday  of  January,  1860,  to  be  conducted,  in  all  respects, 
[*XXXV]  according  to  the  provisions  of  said  act  of  the  *TerritoriaI 
Legislature,  approved  February,  1859,  for  the  election  of  a  Governor,  Lieu- 
tenant Governor,  Secretary  of  State,  Auditor  of  State,  Treasurer  of  State, 
Attorney  General  and  Superintendent  of  Common  Schools,  and  for  mem- 
bers of  the  General  Assembly,  as  provided  in  this  Constitution,  and  also  a 
Representative  in  the  Congress  of  the  United  States. 

12th.  Until  an  enumeration  of  the  inhabitants  of  the  State  of  Kansas 
shall  be  made,  according  to  the  provisions  of  this  Constitution,  the  county 
of  Doniphan  shall  elect  one  Senator  and  three  Representatives;  Atchison 
shall  elect  one  Senator  and  three  Representatives;  Brown,  Nemaha, 
Marshall  and  Washington,  one  Senator;  Brown,  ore  Representative;  Nem- 
aha, one  Representative;  Marshall  and  Washington,  one  Representative; 
Jefferson,  Jackson  and  Pottawatomie,  one  Senator  and  one  Representative 
each;  lieavenworth,  two  Senators  and  six  Representatives;  Riley,  Clay, 
Davis,  Dickinson,  Morris  and  Waubonse,  one  Senator;  Riley,  Clay,  Davis 


56  Convention  Proceedings  and  Debates. 

and  Dickinson,  two  Representatives;  Morris  and  Waubonse,  one  Represent- 
ative; Shawnee,  one  Senator  and  two  Representatives;  Douglas,  one  Sena- 
tor and  four  Representatives;  Wyandotte  and  Johnson,  one  Senator; 
Wyandotte,  one  Representative;  Johnson,  two  Representatives;  Lykins  and 
Frankhn,  one  Senator;  Lykins,  two  Representatives;  Frankhn,  one  Repre- 
sentative; Chase,  Madison,  Breckenridge  and  Osage,  one  Senator;  Chase, 
Breckenridge  and  Osage,  two  Representatives;  Madison,  one  Representa- 
tive; Linn,  Bourbon  and  McGee,  one  Senator;  Linn,  one  Representative; 
Anderson,  AUen,  Dorn,  Wilson  and  Godfrey,  one  Senator;  Anderson,  one 
Representative;  Allen,  Dorn,  Wilson  and  Godfrey,  two  Representatives; 
Coffey,  Woodson,  Greenwood,  Butler  and  Hunter,  one  Senator;  Coffey, 
two  Representatives ;  Woodson,  Greenwood  and  Butler,  one  Representative. 

13th.  Upon  official  information  having  been  received  by  the  Governor 
elect  that  the  State  of  Kansas  has  been  admitted  as  one  of  the  sovereign 
States  of  this  Union  under  this  Constitution,  he  shall,  by  proclamation, 
convene  the  members  of  the  General  Assembly  at  Lecompton,  by  at  least 
thirty  days'  notice,  to  be  published  in  one  paper  in  each  county,  if  there 
be  one.  Said  General  Assembly  shall  proceed  to  elect  two  United  States 
Senators  in  Congress,  shall  provide  for  the  early  election  of  all  necessary 
State  and  county  officers  by  the  people,  and  shall  make  such  other  pro- 
visions as  taay  be  necessary  to  the  early  and  complete  organization  of  a 
State  government. 

14th.  The  seat  of  government  shall  be  fixed  at  Leavenworth,  until  the 
second  meeting  of  the  General  Assembly,  which  shall  have  power  to  fix 
the  permanent  seat  of  government.  The  first  meeting  of  the  General  As- 
sembly shall  fix  the  compensation  of  the  members  thereof,  anything  in  this 
Constitution  to  the  contrary  notwithstanding. 

15th.  The  oath  of  office  herein  directed  to  be  taken,  may  be  admin- 
istered by  any  judge  or  justice  of  the  peace,  until  the  General  Assembly 
shall  otherwise  direct. 

16th.  In  the  event  that  this  Constitution  is  approved  and  accepted  by 
the  electors  of  the  Territon>^  as  hereinbefore  provided,  one  copy  of  the 
same,  authenticated  by  the  President  and  Secretary  of  this  Convention, 
shall  be  transmitted  by  the  hands,  of  a  sworn  messenger,  to  the  President 
of  the  United  States,  with  the  respectful  request  that  he  present  the  same  to 
the  Senate;  another  copy  authenticated  as  aforesaid,  to  the  delegate  from 
Kansas,  with  the  respectful  request  that  he  present  the  same  to  the  House 
of  Representatives,  and  a  memorial  drawn  by  a  committee  of  the  members 
of  this  Convention  and  approved  by  this  Convention,  asking  our  admission 
into  the  Union  under  this  Constitution,  as  an  independent  and  sovereign 
State. 

On  motion  by  Mr.  Ross,  the  resolution  was  laid  on  the  table. 

[*XXXVI]  "^FKEE    negroes. 

Mr.  Slough  offered  the  following,  which  was  referred  to  the  committee 
on  Preamble  and  Bill  of  Rights. 

Resolved,  That  the  committee  on  Preamble  and  Bill  of  Rights  be  in- 
structed to  inquire  into  the  expediency  of  incorporating  in  their  report  a 
provision  against  the  future  settlement  in  Kansas  of  free  negroes. 

KANSAS    CLAIMS. 

Mr.  Slough  offered  the  following,  which  was  referred  to  the  committee 
on  Ordinance: 

Resolved,  That  the  committee  on  Ordinance  be  instructed  to  inquire  into 
the  expediency  of  reporting  a  petition  favorable  to  the  payment  of  claims 


Friday,  July  8,  1859.  57 

rei)orted  by  the  Claim  Commissioners  appointed  under  the  act  jiassed  by 
the  Territorial  Legislature  in  1859,  by  the  National  Government,  either 
in  money  or  a  grant  of  land. 

Mr.  Brown,  of  Leavenworth,  offered  the  following,  which  was  adopted: 

Resolved,  That  it  shall  be  the  duty  of  the  committee  on  Printing  or  a 
majorit}'  thereof,  to  examine  daily,  or  as  often  as  they  may  deem  neces- 
sary, the  accounts  of  said  printer,  as  also  the  account  of  printing  actually 
done  and  returned,  as  the  work  progresses,  and  to  keep  a  book  or  books  in 
which  they  shall  enter  all  necessary  particulars  with  their  comparisons  and 
calculations,  together  with  all  data  on  which  their  calculations  may  be 
based,  and  it  shall  be  the  duty  of  the  printer  whose  proposals  are  accepted, 
to  afford  either  by  himself  or  foreman,  all  due  facility  for  carrying  out  the 
object  of  this  resolution. 

WYANDOTTE   REPRESENTATION. 

Mr.  Greer,  from  the  committee  on  Credentials,  submitted  the  following: 

The  committee  on  Credentials  to  whom  was  referred  the  claim  of 
Messrs.  Bennett  and  Welborn  to  seats  on  this  floor  as  delegates  from 
Wyandotte,  with  instructions  to  hear  the  claimants  by  themselves  or  coun- 
sel, have  had  the  same  under  consideration,  and  beg  leave  to  submit  the 
following  report: 

Your  committee  ha\nng  gi^'en  due  notice  of  the  time  and  place  of  meet- 
ing met  at  the  time  and  place  designated,  to  hear  the  claimants  by  them- 
selves or  counsel.  No  appearance  was  made.  Your  committee  made  no 
comment  upon  this  manifest  intention  on  the  part  of  the  claimants  to 
trifle  with  the  Convention,  and  delay  its  action,  because  the  reasons  are 
}iatent  and  obvious. 

To  prevent  the  further  useless  waste  of  time  in  this  Convention — the 
unnecessary  delay  of  business,  and  the  prolongation  of  the  session,  your 
committee  recommend  the  adoption  of  the  following  resolution: 

Resolved,  That  this  Convention  rescind  the  resolution  permitting  the 
claimants,  Messrs.  Bennett  and  Welborn,  to  appear  before  this  Conven- 
tion by  counsel. 

Resolved,  That  the  claimants,  Messrs.  Bennett  and  Welborn,  are  not  en- 
titled to  seats  in  this  Convention. 

J.  P.  Greer,  Wm'.  R.  Griffith, 

Robert  Graham,        B.  F.  Simpson, 
S.  A.  Kingman. 

The  yeas  and  nays  were  demanded  and  taken  on  tliis  question,  resulting 
— yeas  33,  nays  18-— as  follows: 

Yeas— Messrs.  Arthur,  Burnett.  Blunt,  Burris,  N.  C.  Blood,  J.  Blood, 
Crocker,  Button,  Graham,  Greer,  Griffith,  Hutchinson,  Hanway,  Hoffman, 
Houston,  Ingalls,  Kingman,  Lillie,  Lamb,  Middleton,  May,  McCullough, 
Preston,  Palmer,  Porter,  Ritchie,  Ro.ss,  Signor,  Stokes,  Simpson,  Thacher, 
Townsend,  Williams,  Mr.  President — 33. 

Nays — Messrs.  Brown,  Barton,  Foster,  Forman,  Hijiple,  Hubbard, 
Moore,  INIcDowell,  McCune,  McClelland.  Perrv,  Parks.  Slough,  Stinson, 
Stiarwalt,  J.  Wright,  Wrigley,  T.  S.  Wright— 18. 

So  the  report  was  accepted. 

Mr.  Kingman.  I  now  move  the  adoption  of  the  two  resolutions  re- 
ported. 

Mr.  Slough.    I  move  to  amend  bv  striking  out  the  first  resolution.    I 


58  Convention  Proceedings  and  Debates. 

make  this  motion  to  strike  out,  Mr.  President,  for  the  reason  that  I  be- 
heve  it  is  beyond  the  power  of  the  Convention  to  reach  this  matter  at  this 
["XXXVII]  time.  It  will  *be  remembered  that  two  days  ago  upon  my 
motion  the  privilege  was  granted  to  these  gentlemen  to  be  heard  by  counsel 
at  the  bar  of  the  Convention.  Afterwards,  the  same  day,  a  motion  to  re- 
consider that  vote  was  made  and  lost.  According  to  parliamentary  usage 
no  other  motion  to  recon-sider  can  be  entertained,  and  so  we  cannot  legally 
pass  this  resolution  to  rescind  that  order. 

The  amendment  was  rejected;  and  then  the  resolutions  reported  by  the 
committee  were  adopted. 

Mr.  Griffith  submitted  the  following: 

Resolved,  That  Messrs.  Bennett  and  Welborn  be  admitted  to  seats  on 
this  floor,  and  the  privilege  extended  to  them  of  participating  in  the  pro- 
ceedings of  the  Convention,  so  far  as  to  make  motions  and  participate  in 
the  discussions,  but  not  to  vote. 

Mr.  Griffith.  I  wish  to  state,  that  we  regard  this  an  unfortunate  affair 
that  the  county  of  Wyandotte  was  overlooked  in  the  Constitutional  bill. 
It  is  known  that  Leavenworth  county  has  the  number  of  representatives 
intended  for  Leavenworth  and  Wyandotte.  But  to  show  to  the  Conven- 
tion our  willingness  to  extend  to  these  gentlemen  all  the  courtesy  in  our 
power,  and  to  give  Wj^andotte  as  direct  a  representation  as  possible,  we 
move  this  resolution,  and  we  propose  to  call  the  yeas  and  nays  on  the  vote. 

Mr.  Wrigley  proposed  to  amend  by  striking  out  all  after  the  word 
"resolved,"  and  inserting  the  following  words: 

"That  the  Wyandotte  county  delegates  be  admitted  to  all  the  rights 
and  privileges  of  other  delegates  upon  this  floor." 

The  President.    The  Chair  will  rule  the  amendment  out  of  order. 

Mr.  Slough.  I  appeal  from  the  decision  of  the  Chair,  and  demand  the 
yeas  and  nays;  which  being  ordered  and  taken  resulted — yeas  33,  nays  18 
— as  follows: 

Yeas — Messrs.  Arthur,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood,  Crocker, 
Button,  Graham,  Greer,  Griffith,  Hutchinson,  Hanway,  Hoffman,  Houston, 
Ingalls,  Kingman,  Lillie,  Lamb,  Middleton,  May,  McCullough,  Preston, 
Palmer,  Porter,  Ritchie,  Ross,  Signor,  Stokes,  Simpson,  Thacher,  Town- 
send,  Williams,  Mr.  President — 33. 

Nays — Messrs.  Brown,  Barton,  Foster,  Forman,  Hippie,  Hubbard, 
Moore,  McDowell,  McCune,  McClelland,  Perry,  Parks,  Slough,  Stinson, 
Stiarwalt,  J.  Wright,  Wrigley,  T.  S.  Wright— 18. 

So  the  decision  of  the  Chair  was  sustained  and  stands  as  the  judgment  of 
the  House. 

Mr.  Graham.  Mr.  President,  I  shall  vote  against  this  resolution,  be- 
cause this  courtesy  has  been  already  proposed  to  be  extended  to  these 
parties,  and  they  have  refused  it. 

Mr.  Blunt.  Mr.  President,  this  question  has  already  occupied  too 
much  time.  It  is  very  evident,  from  the  chsposition  manifested  on  the 
other  side,  that  they  intend  to  vex  us,  and  if  possible  induce  us  to  commit 
some  error  by  which  we  may  place  ourselves  outside  of  the  law.  I  think 
we  have  already  attached  too  much  importance  to  the.  matter  involving  the 
Wyandotte  question,  and  that  of  the  counties  of  Chase  and  Morris,  par- 
ticularly the  latter.  The  case  of  Wyandotte,  however,  is  one  of  peculiar 
interest;  but  as  for  the  case  from  Chase  and  Morris,  I  conceive  that  they 
have  no  show  of  right.    However,  I  was  willing  to  extend  all  the  courtesy 


Friday,  July  S,  1859.  59 

we  could.  Their  matter  was  disposed  of  yesterday — finally  disposed  of: 
and  yet  they  thrust  themselves  again  upon  the  Convention  in  a  manner 
that  I  conceive  to  be  insulting,  and  I  felt  constrained  to  vote  against  the 
reading  and  filing  of  their  communication. 

We  are  disposed  to  extend  to  the  gentlemen  claiming  seats  from  Wyan- 
dotte county  all  the  courtesy  we  can  consistently  with  the  law  creating  the 
Convention!^  If  they  are  not  disposed  to  accept,  it  is  no  fault  of  ours,  and 
it  will  be  a  matter  with  them  and  the  people  of  Wyandotte  county  to 
settle.  If  they  refuse  to  come  in  and  look  after  the  interests  of  their  con- 
[*XXXVIII]  stituents,  and  *accept  of  all  the  indulgence  we  can  legally 
tender  to  them,  it  is  no  fault  of  ours,  and  the  responsibility  must  rest  on 
their  own  heads.  I  hope  the  resolution  of  the  gentleman  from  Bourbon 
will  prevail. 

Mr.  McDowell.  Mr.  President,  I  shall  vote  against  the  proposition 
of  the  gentleman  from  Bourbon.  I  am  one  of  those  believing  that  these 
delegates  have  as  much  right  here  as  any  on  this  floor;  and  I  for  one  do 
not  propose  to  insult  them  by  saying  they  may  come  in  and  speak,  but 
not  vote. 

The  gentleman  from  Douglas  yesterday  admonished  the  Convention, 
that  this  Wyandotte  case  differed  materially  from  the  other.  I  under- 
stood him  to  say  that  he  agreed  with  me  upon  the  question  of  the  legal 
power  of  the  Convention  to  admit  these  gentlemen,  and  that  their  claims 
were  different  altogether.  But  to-day  this  report  is  offered,  and  hurried 
through  the  Convention  without  one  word  of  remonstrance  from  that  gentle- 
man. And  now,  having  ignored  their  right  to  seats — disfranchised  the 
county  of  Wyandotte,  it  is  proposed  to  insult  her  people  by  compromising 
in  a  way  that  is  practically  giving  them  no  representation. 

I  call  upon  gentlemen  to  consider  one  moment  what  they  do.  Sir, 
why  do  you  offer  them  seats  if  it  is  not  upon  their  acknowledged  rights, 
or  upon  some  claim  of  right?  If  there  were  not  some  show  of  right,  you 
would  not  offer  them  empty  honors.  Then  if  there  is  a  claim  of  right,  let 
us  look  at  its  extent.  How  far  does  it  go?  They  are  here  duly  elected 
members  from  Wyandotte  county.  They  come  here  with  the  certificates 
of  the  judges  of  election,  stating  that  they  have  been  elected — have  been 
voted  for  by  the  majority.  They  come  up,  it  is  true,  without  the  cer- 
tificate of  the  Governor — and  gentlemen  seem  to  make  a  point  on  that. 
They  claim  the  right  to  exclude  them  because  the  signature  of  the  Gov- 
ernor and  the  great  seal  of  the  Territory  has  not  been  attached  to  their 
certificates.  Sir,  the  powers  of  the  Governor,  in  this  direction,  are  fixed 
by  the  act  calling  the  Convention.  His  powers  are  limited  by  that  act, 
but  ours  are  not.  All  the  facts  are  before  the  Convention.  When  the 
Convention  votes  to  exclude  these  parties,  it  does  so  with  knowledge  of 
the  facts  that  they  were  elected  fairly — that  a  contest  was  had — that  one 
of  the  Republican  candidates  defeated  was  Governor  Roberts,  one  of  the 
first  men  in  the  Territory.  With  these  facts  staring  them  full  in  the  face, 
have  this  Convention  ignored  the  rights  of  these  parties?  For  one,  I 
protest  against  it. 

Some  other  gentlemen  have  claimed  the  right  to  exclutle  those  dele- 
gates, because,  they  say  Wyandotte  is  practically  represented  on  this  floor. 
They  charge  that  Leavenworth  has  the  stolen  goods,  and  that  she  ought  to 
disgorge,  &c.  Sir,  I  repel  that  charge.  Leavenworth  comes  here  not  with  a 
full  representation,  as  she  is  entitled  [to]  under  the  ratio  adopted.  She  polls 
over  3,000  votes,  and  those  would  entitle  her  to  more  than  the  ten  dele- 
gates she  has, — Leavenworth  county  polled  more  than  one-fourth  of  the 
whole  number  of  votes  in  the  Territory.    Wyandotte,  with  her  lame  and 


60  Convention  Proceedings  and  Debates. 

intelligent  population,  is  without  a  representation  on  this  floor.  In  the 
name  of  simple  justice,  I  ask  that  the  Convention  shall  not  disregard  the 
rights  of  these  people.  We  are  making  a  Constitution  for  the  people — we 
are  to  propose  it  to  be  adopted  by  the  people,  and  thereupon  to  go  into 
the  Union  as  a  great  State:  What  then  is  fairer  than  that  the  whole  people 
should  participate  in  making  this  instrument,  under  which  they  are  to  live, 
and  by  which  they  are  to  be  bound?  This  county  has  important  interests, 
which  should  not  be  overlooked  by  the  Convention,  and  their  delegates,  it 
seems  to  me,  should  be  allowed  to  vote. 

I  have  said  that  I  do  not  regard  this  case  as  a  partisan.  I  would, 
for  all  such  purposes  vote  for  the  admission  of  members  of  any  political 
faith  under  similar  circumstances.  And  if  gentlemen  propose  to  shield 
themselves;  behind  the  quibble  of  a  defective  act,  allowing  only 
[*XXXIX]  *fifty-two  members  of  the  body,  I  tell  them,  that  the 'people 
of  this  Territory  will  not  be  misrepresented  in  that  way.  Once  more,  then, 
on  behalf  of  those  who  have  no  right  here  to  speak  for  themselves,  I  pro- 
test against  this  insult. 

Mr.  Slough.  Mr.  President,  I  vote  against  the  resolution,  because  I 
am  unwilling  to  compromise  the  rights  of  Wyandotte  county. 

Mr.  Houston.  Mr.  President,  it  was  not  my  purpose  to  participate  in 
this  debate;  but  there  is  a  great  question  connected  with  it — nothing  less 
than  the  question  of  the  admission  of  Kansas  into  the  Union — and  for  that 
reason  I  cannot  let  it  pass  silently.  I  say  this  matter  involves  the  question 
whether  we  shall  get  into  the  Union.  There  is  not  a  man  connected  with 
this  body  who  understands  all  the  complications,  contingencies,  uncer- 
tainties and  wire-working  connected  with  the  political  machinery  of  this 
government,  and  no  man  can  pretend  to  say  what  advantages  may  be  taken. 
There  is  no  man  here  more  willing  than  I  am  to  concede  the  right  of  the 
members  from  Wyandotte  to  seats.  In  other  words,  there  is  no  man 
more  ready  to  concede  that  this  Convention  has  the  undoubted  power  to 
admit  these  gentlemen  to  seats,  if  they  saw  proper  to  do  so. — But  I  regret 
that  it  should  be  attempted  to  make  political  capital  out  of  this  matter. 

Let  us  look  at  it.  If  we  concede  the  right  to  admit,  then  it  is  a  ques- 
tion of  mere  policy. — We  have  had  a  number  of  State  Constitutions  made 
for  us  from  time  to  time.  We  have  had  difficulty  after  difficulty  in  con- 
nection with  them.  We  have  been  branded  as  a  lawless  people.  We  know 
that  in  this  Territory  there  is  less  respect  paid  to  law  than  in  the  older 
settled  portions  of  the  coimtry;  and  this,  if  it  is  not  right,  has  its  justifica- 
tion. In  some  respects  we  are  in  advance  of  the  people  of  the  Eastern 
States.  We  are  in  advance  of  them  in  the  knowledge  and  appreciation  of 
human  rights,  and  I  rejoice  at  it.  But  at  the  same  time,  Mr.  President, 
if  you  allow  these  gentlemen  to  come  in  as  full  members,  what  would  be 
the  result?  It  would  open  a  gap  through  which  politicians  might  corne  in 
and  work  the  defeat  of  this  Constitution.  I  know  that  it  is  not  the  wish  of 
the  majority  of  the  Convention  to  curtail  a  single  civil  right,  but  at  the  same 
time  they  want  to  cet  into  the  Union.  We  are  unwilling  to  ])ut  in  jeopardy 
the  interests  of  this  Territory.  The  time  is  coming  when  we  shall  cease 
from  fooling.  We  had  perhaps  better  be  a  little  unjust  than  defeat  this  Con- 
stitution. The  people  wish  to  be  settled  in  a  State  Government,  and  we 
.should  do  nothing  1o  defeat  that  object.  While  I  concede  that  the  Conven- 
tion has  the  right  to  admit,  I  am  sorry  that  its  political  complexion  is  such 
that  we  cannot  take  a  broader  and  higher  ground.  But,  as  it  is,  I  think, 
on  the  score  of  policy,  the  better  plan  is  not  to  place  ourselves  in  a  position 
that  can  work  the  rejection  of  Kansas,  and  throw  her  admission  beyond 
the  Presidential  canvass. 


Friday,  July  8,  1859.  61 

I  regret  that  oi;r  friends  on  the  other  side  are  driven  to  the  necessity  of 
seeming  to  be  determined  to  make  their  continuous  assaults  ujwn  us  as  a 
party.  They  have  found  themselves  in  the  minority,  and  seem  determined 
to  make  the  most  of  it — hanging  between,  and  taking  either  way-=-not 
seeming  to  care  for  anything  but  to  make  the  most  votes. 

I  do  not  think  I  ought  to  prolong  this  debate.  I  shall  give  my  vote  for 
the  resolution,  which  1  think  would  be  the  voice  of  my  constituents:  for 
we  all  think  the  time  has  come  when  no  ingredient  or  element  of  mischief 
should  be  introduced  into  our  civil  affairs  that  might  give  to  political  wire- 
workers  opportunity  to  defeat  great  public  interests. 

Mr.  Ritchie.  Mr.  President,  this  question  is  a  very  plain  and  simple 
one.  At  the  time  the  districting  was  made,  Wyandotte  and  Leavenworth 
were  one  and  the  same  county.  Therefore,  when  the  apportionment  was 
made  it  was  for  the  representation  of  that  whole  territory;  and  the  ten 
delegates  from  Leavenworth  are  here  to-day,  acting  as  much  for  the  500 
[*XL1  voters  in  the  county  of  Wyandotte  as  for  those  who  '^cast  their 
votes  for  them  in  Leavenworth  county.  I  believe  in  the  intelligence  of  the 
people — that  the  people  will  see  through  this  matter. 

I  understand  the  gentleman  on  mj^  right.  I  allege  that  he  represents 
only  the  county  and  city  of  Leavenworth.  But,  sir,  if  he  is  governed  by 
that  noble  principle  which  he  threw  out  yesterday — the  democratic  prin- 
ciple— he  is  here  to-day  to  represent  Wyandotte  interests  as  much  as  those 
of  Leavenworth;  and  I  hope  to  see  him  extend  himself  and  take  Arapahoe 
into  his  representative  care.  I  come  here  feeling  like  Frank  Pierce,  that  I 
am  to  be  "spread  out"  over  the  whole  Territory  of  Kansas,  and  not  con- 
centrated upon  one  single  locality.  And  I  hope  we  are  all  here,  not  merely 
to  represent  Leavenworth,  or  Shawnee,  or  Douglas,  but  to  represent  the 
interests  of  the  Territory  of  Kansas  and  support  the  principles  of  republi- 
canism all  over  the  world. 

I  think,  sir,  we  have  spent  time  enough  in  this  way.  Every  vote  on  this 
question  has  shown  the  will  of  the  convention,  and  still  the  minority  views 
are  pressed  upon  us.  I  want  to  direct  the  attention  of  the  body  to  the 
fact,  that  Republicans  are  in  the  majority  here,  and  they  are  responsible 
for  this  delay.  It  is  expected  of  us  to  act  economically — not  spending  the 
money  of  the  people  through  an  extravagant  waste  of  time.  One  of  the 
most  effective  charges  against  the  present  national  administration  is  its 
extravagance.  Then  inasmuch  as  we  have  come  up  here  for  the  first  time 
as  Republicans,  we  should  commence  retrenchment  and  reform  in  earnest. 
I  want  to  get  through  this  work  in  another  week.  The  people  are  not  ex- 
pecting to  be  kept  out  of  the  Union  on  account  of  the  forms  of  law.  We 
were  not  the  first  to  take  the  position  that  we  must  come  in,  if  we  come  in 
at  all,  under  the  forms  of  law.  I  am  not  going  to  deviate  from  that  text. 
I  am  for  getting  into  the  LTnion.  I  am  going  to  stick  to  the  text.  It  has 
been  the  policy  of  Democrats  here,  if  I  understand  them,  to  throw  us  out 
of  the  forms  of  law.  If  I  had  been  here,  sir,  in  1856,  I  would  have  taken 
them  by  the  hand  and  led  them  on.  But  I  was  not.  I  am  glad  to  see  our 
Democratic  friends  coming  in  and  endorsing  the  efforts  that  have  been  put 
forth  in  behalf  of  freedom  in  Kansas.  It  is  my  opinion  that  the  Demo- 
cratic party  will  soon  be  in  the  lead  of  the  Republicans  in  this  direction..  I 
think  they  will  steal  your  thunder,  sir,  if  you  do  not  watch  them. 
[Laughter.] 

I  want  it  distinctly  understood  that  my  feeling  toward  the  Leavenworth 
delegation  is  this:  I  live  at  Topeka,  and  there  is  a  different  interest  at 
Auburn  from  that  of  Topeka;  but  I  think  I  feel  as  much  called  upon  to 


62  Convention  Proceedings  and  Debates. 

represent  the  former  as  the  latter,  though  my  competitor,  of  course, 
thought  he  could  do  better  than  I. — I  feel  as  deeply  responsible  here  for 
the  representation  of  Auburn  as  for  that  of  my  own  locality,  and  I  hope 
that  is  the  feeling  of  my  friends  on  the  right. 

Mr.  Graham.  JMr.  President,  my  friend  (Mr.  McDowell)  with  great 
dignity  repels  the  charge  that  they  have  stolen  property  in  Leavenworth. 
To  repel  the  charge,  he  says  Leavenworth  polls  3000  votes,  and  the  ratio 
was  28S.  My  friend  is  mistaken.  He  must  remember  that  this  apportion- 
ment was  made  in  the  month  of  January  last,  in  Lawrence — before  they 
voted  in  Leavenworth.  How  could  the  Legislature  estimate  upon  votes 
that  had  not  been  cast?  We  found  that  Leavenworth  had  been  polling 
1900  votes,  and  we  gave  them  a  representation  for  that  number.  But 
after  the  work  passed  out  of  our  hands,  by  hook  or  crook,  outside  of  the 
Legislature,  they  got  by  law  ten  members.  I  do  not  think  my  friend 
would  have  referred  to  that  if  he  had  considered  it.  How  could  we  have 
anticipated  the  increase  of  voters  in  such  a  city  as  Leavenworth?  Or  how 
know  the  number  of  emigrants  who  come  in  there  from  Platte  County  to 
vote  ? — [Laughter.] 

Mr.  Wrigley.  Mr.  President,  1  have  not  participated  in  this  debate,  but 
[*XLI]  the  desire  I  have  that  the  Convention  take  just  action  in  *this 
matter  induces  me  to  offer  a  few  remarks.  The  gentleman  from  Shawnee, 
[Mr.  Ritchie]  says  we  are  pressing  this  matter  upon  the  Convention, 
after  the  body  had  indicated  its  judgment  time  and  again.  It  is  true, 
sir,  we  are  pressing  this  question,  and  I  trust  the  minority  here  never 
will  hesitate  to  press  the  right  before  the  Convention  at  any  time.  We 
believe  ourselves  right,  and  therefore  press. 

What  is  the  history  of  this  cjuestion?  At  the  time  of  the  prehminary 
organization  these  gentlemen  from  Wyandotte  presented  certificates  that 
indicated  their  election.  These  certificates  were  rejected,  and  they  were 
refused  all  participation  in  the  preliminary  organization.  A  committee  was 
appointed  to  whom  the  case  was  referred.  They  appeared  before  that 
committee  with  their  documents,  and  called  upon  them  to  report  in  their 
favor.  There  were  two  reports.  The  majority  reported  against  their 
rights  to  seats.  Then  it  was  asked  for  them  the  poor  pri\-ilege  of  a  prisoner 
at  the  bar — the  prixdlege  of  a  hearing  by  attorney.  The  Convention 
granted  it.  Subsequently,  a  motion  to  reconsider  this  grant  was  lost,  and 
that,  Mv.  President,  closed  the  question — bound  us  to  the  order  to  admit 
the  right  of  hearing  by  attorney  beyond  all  quibble.  What  was  then  done? 
When  the  time  came  for  their  appearance  here  the  subject  was  again  re- 
ferred with  liberty  for  the  contestants  to  appear  by  attorney,  before  the 
Committee.  But  the  contestants  chd  not  desire  to  appear  again  before 
a  Committee  which  had  once  heard  and  considered  their  case  and  reported 
against  them.  They  desire  to  appear  before  the  Convention,  and  they 
are  here  this  morning  by  attorney,  with  documents  to  prove  beyond  con- 
troversy that  they  are  entitled  to  seats  here;  and  still,  sir,  you  Avithhold 
from  them  the  privilege  you  have  granted  to  them  beyond  recall.  Why 
tlo  you  do  this? 

One  gentleman  says  it  is  a  mere  matter  of  pohcy!  And  it  was  said, 
yesterday,  that  there  was  fraud  in  this  matter  of  the  disfranchisement  of 
Wyandotte,  and  an  excuse  was  offered  for  the  Legislature. 

Sir,  by  what  authority  is  it  that  this  Convention  denies  to  these  parties 
the  privilege  of  a  hcarinc?  I  demand  the  pri\ile2e  which  the  Convention 
has  granted  to  them.  It  is  a  poor  privilege.  It  would  be  extended  to  any 
prisoner  at  the  bar.  No  man,  even  though  he  were  guilty  of  a  dark 
crime,  could  be  denied  a  hearing.     We  demand  then  the  right  which  the 


Friday,  July  8,  1859.  63 

Convention  has  granted — and  why  is  it  refused?  Oh,  a  mere  matter  of 
policy.  We  wish  to  save  time,  we  wish  retrenchment  and  reform.  The 
gentleman  from  Shawnee  alleges  this,,  and  adds  that  the  principal  objection 
to  the  present  Democratic  administration  is  its  extravagance.  Sir,  I  do 
not  know  that  the  Republican  party  in  this  Territory'  have  ever  dis- 
tinguished themselves  for  retrenchment. 

The  President  (interrupting).  This  debate  is  taking  too  great  license. 
The  question  is,  on  the  admission  of  these  gentlemen  to  honorary  seats  on 
this  floor. 

Mr.  Wrigley.  I  shall  vote  against  the  resolution,  because  I  believe  they 
are  either  entitled  to  seats  or  not  entitled.  I  believe,  if  they  have  been 
elected  by  the  people,  that  they  should  be  admitted  to  full  membership.  I 
beheve  it  is  honestly  due  to  them  to  invite  them  to  a  full  share  in  our  de- 
liberations. I  believe  that  every  portion  of  the  people  of  the  Territory  are 
entitled  to  a  repre.?entation  here,  whether. they  are  in  the  Convention  Act 
or  not.  Therefore,  I  shall  vote  against  the  resolution  giving  them  these 
empty  honors.  I  say,  give  them  seats  with  all  the  rights  and  privileges  of 
delegates,  or  give  them  nothing.  More  than  this  is  simply  adding  insult 
to  injury.  The  Convention  has  the  power.  It  is  the  right  of  these  parties. 
Why  deny  that  right  by  such  a  frivolous  objection  as  that  it  would  con- 
travene the  law?  This  Convention  is  not  bound  by  the  law.  I  am  in  favor 
of  departing  from  the  provisions  of  the  Convention  law  in  regard  to  the 
time  of  holding  the  election  for  State  officers. 

[*XLII]  The  President.  The  Chair  must  insist  that  *the  gentleman 
confine  himself  to  the  question. 

Mr.  Wrigley.  I  wish  to  show  that  the  Convention  ought  not  to  insult 
these  gentlemen  by  tendering  them  honorary  seats. 

The  President.  That  has  been  decided.  The  question  now  before  the 
Convention  involves  no  principle  of  law. 

Mr.  Wrigley.  I  have  a  right  to  explain  the  reason  why  I  shall  vote 
against  the  resolution.  And  is  it  not  a  good  reason,  that  you  propose  to 
confer  empty  honors  on  men  entitled  to  full  membership? 

The  President.    There  is  no  question  of  law  in  it. 

Mr.  Kingman.  Mr.  President,  I  shall  vote  for  the  resolution.  And  I 
wish  to  disclaim,  in  advance,  that  I  do  not  vote  for  it  as  an  insult.  I  am 
very  clear  that  there  is  nothing  in  the  language  of  the  resolution  that  is  in 
the  slightest  degree  insulting,  either  to  these  gentlemen  or  the  respectable 
constituencies  they  represent. 

I  think,  sir,  this  matter  has  occupied  too  much  time.  The  majority 
must  be  held  responsible  for  delays.  I  think  it  is  time  we  should  go  to 
business.    I  demand  the  previous  question. 

There  being  a  second — 

Mr.  Sloigh  demanded  the  yeas  and  nays  on  the  main  question,  viz: 
the  adoption  of  Mr.  Griffith's  resolution,  which,  being  ordered  and  taken, 
resulted — yeas  25 — nays  25,  as  follows : 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Griffith,  Hanway,  Houston.  Ingalls,  Kingman,  LiUie,  Lamb,  Mid- 
dleton,  McCuUough,  Preston,  Porter,  Ritchie,  Signor,  Stokes,  Thacher, 
Townsend,  Williams,  Mr.  President — 25. 

N.\YS — Messrs.  Brown,  Barton,  Button,  Foster,  Forman,  Graham,  Greer, 
Hippie,  Hubbard,  Hutchinson,  Hoffman,  May,  Moore,  McDowell,  McCime, 


64  Convention  Proceedings  and  Debates. 

McClelland,  Palmer,  Perry,  Parks,  Ross,  Slough,  Stinson,  Stiarwalt,  Simp- 
son, J.  Wright,  Wrigley,  t.  S.  Wright— 25. 

The  following  explanations  were  admitted,  under  the  rule,  to  the  Sec- 
retary's journal: 

Mr.  Parks.  Mr.  President,  believing  as  I  do,  that  the  gentlemen  claim- 
ing seats  in  this  Convention  from  Wyandotte  county  are  entitled  to  full 
membership  upon  this  floor,  and  that  the  Convention  has  full  power  to 
admit  them  to  such  membership,  I  cannot  vote  for  these  gentlemen  having 
mere  nominal  and  personal  privileges,  and  thus  disfranchise  the  people  of 
a  large  and  populous  county  of  this  Territory. 

Mr.  Blunt.  I  vote  for  the  resolution,  because  I  believe  it  is  as  far  as 
the  privileges  of  this  body  can  be  extended  to  the  claimants  from  Wyan- 
dotte county  wtihout  a  dangerous  violation  of  the  law  creating  the  Con- 
vention. 

Mr.  Graham  and  Mr.  May.  We  desire  to  explain  our  vote  by  saying 
that  the  courtesy  having  been  once  extended  and  refused,  we  are  opposed  to 
extending  it  again. 

Mr.  Greer.  I  vote  no,  for  the  reason  that  I  deem  it  out  of  order  to 
admit  members  through  courtesy. 

Mr.  Hutchinson.  I  vote  against  admitting  the  gentlemen  claiming 
seats  from  Wyandotte,  because  I  believe  the  members  of  the  Convention 
are  bound  strictly  by  the  law,  and  cannot  transcend  it  in  this  instance 
more  than  any  other. 

Mr.  Thacher.  The  county  of  Wyandotte  is  now  essentially  repre- 
sented by  the  members  from  Leavenworth  county,  and  an  admission  of 
them  to  the  privilege  of  voting  would  be  an  injustice  to  the  people  of 
Kansas. 

Mr.  Ross.  I  vote  against  the  resolution,  becausfe  I  consider  the  gentle- 
men claiming  seats  from  Wyandotte  county  have  no  legal  right  to  those 
seats. 

Messrs.  Slough,  Wrigley,  Hubbard,  Stiarwalt,  Hipple,  Forman,  Mc- 
Clelland, Wright,  McDowell,  Moore  and  Brown.  We  vote  against 
the  resolution,  because  we  are  unwilling  to  compromise  the  rights  of  the 
people  of  Wyandotte  county. 

Mr.  Barton.  I  vote  no,  for  the  reason  that  I  am  not  willing  to  offer  au 
[*XLIII]  insult  to  the  citi*zens  of  Wyandotte,  by  offering  only  a  part  of 
the  pri\ileges  of  this  House  to  the  legally  elected  representatives. 

Mr.  BuRRis.  I  vote  yea,  for  the  reason  that  I  am  desirous  to  extend 
all  the  courtesy  to  those  gentlemen  consistent  with  the  law  and  what  1 
conceive  to  be  right,  being  clearly  of  opinion  that  these  claimants  have  no 
right  upon  this  floor  as  delegates.  I  am  in  favor  of  allowing  them  to  sit 
in  Convention  with  the  privilege  of  speaking,  only  as  a  matter  of  courtesy, 
and  not  as  a  matter  of  right. 

Mr.  Blunt.  Mr.  President,  I  vote  for  the  proposition  above,  for  the 
following  reasons: 

The  law  calling  this  Convention  into  existence  calls  for  the  election  of 
but  fifty-two  members,  and  that  in  the  apportionment  for  these  members 
the  population  of  what  is  now  included  in  Wyandotte  county  was  then 
included  in  the  apportionment  for  Leavenworth  and  Johnson  counties, 
therefore  the  ten  delegates  from  Leavenworth  and  the  two  delegates  from 
Johnson  county,  by  their  votes,  represented  the  county  of  Wyandotte  in 
this  Convention. 


Friday,  July  S,  1859.  135 

liut  iiias^mui'h  as  the  said  delegates  from  Leavenworth  and  Johnson, 
representing  Wyandotte  by  their  votes,  are  not  actual  residents  of  Wyan- 
ilotte,  and  inasmuch  as  it  appears  that  the  people  of  Wyandotte  would 
be  more  faithfully  and  fully  represented  by  Messrs.  Welborn  and  Bennett, 
of  their  own  midst,  I  therefore  vote  for  the  above  proposition,  that  the 
l)eople  of  Wyandotte  county  may  be  heard  by  their  own  chosen  delegates 
on  the  floor  of  this  Convention  in  that  way  and  manner  that  will  do  no 
injustice  to  other  counties  of  this  Territory,  and  that  will  not  infringe 
upon  the  organic  law  calling  this  Convention  into  being. 

So  Mr.  Griffith's  resolution  was  rejected. 

PROTEST. 

Mr.  Slough  submitted  the  following  protest,  and  asked  that  it  be 
entered  on  the  journal  of  the  Convention: 

The  undersigned  members  of  the  Constitutional  Convention,  hereby 
enter  our  earnest  and  formal  protest  against  the  action  of  this  Convention 
in  excluding  the  delegates  claiming  .seats  from  Wyandotte  county,  it  being 
undisputed  that  these  gentlemen  were  elected  by  a  large  majority  of  the 
people  of  Wyandotte  county,  at  an  election  conducted  in  the  same  manner, 
and  in  conformity  with  the  provisions  of  the  law  calling  this  Convention, 
which  said  election  was  participated  in  by  five  hundred  and  forty-five  legal 
voters  under  the  laws  of  this  Territory,  and  that  the  omission  of  Wyan- 
dotte county  in  the  apportionment  for  this  Convention,  was  and  is  a  gross 
fraud  upon  the  people  of  said  county,  and  works  under  the  action  of  this 
Convention,  the  disfranchisement  of  a  large  and  populous  county,  and  we 
ask  that  this  protest  be  entered  upon  the  journal. 

Hall  Const'n'l  Convention,  June  8,  1S59. 

B.  Wrigley',  C.  B.  McClelland, 

J.  M.  Stiarwalt,  J.  P.  Slough, 

J.  W.  FoRMAN,  P.  S.  Parks, 

8.  A.  Stixson,  F.Brown, 

E.  M.  Hubbard,  Sam.  Hipple, 

R.  C.  Foster.  A.  D.  McCune, 

J.  Wright,  J.  T.  Barton, 

E.  Moore,  W.  C.  McDowkll, 
William  Perry. 

Mr.  Houston  moved  to  lay  the  protest  on  the  ta1)le. 

Mr.  Slough  demanded  the  yeas  and  nays,  which  werc^  onlered  and 
taken,  resulting — yeas  15,  nays  32 — as  follows: 

Yeas — Messrs.  J.  Blood,  N.  C  Blood,  Graham,  Greer,  Hutchinson,  Han- 
way,  Hoffman,  Houston,  Ingalls,  Lamb,  Middleton,  McCullough,  Palmer, 
Ritchie,  Stokes — 15. 

Nay'S — Messrs.  Arthur,  Blunt,  Brown,  Barton,  liurn?;,  Crocker,  Dut- 
ton,  Foster,  Forman,  Griffith,  Hippie,  Hubbard,  Kingman,  Lillie,  May, 
Moore,  McDowell,  McCune,  McClelland,  Preston,  Perry.  Parks,  Ross. 
[*XLIV]  Sig*nor,  Slough,  Stinson,  Stiarwalt,  Simpson,  Thacher,  Town- 
send,  J.  Wright,  Wrigley,  T.  S.  Wright,  Williams— 32. 

So  the  protest  was  not  laid  on  the  table. 

Mr.  Blunt  moved  that  the  protest  be  received  and  siiroad  upon  the 
journal,  and  the  vote  being  demanded  and  taken  on  this  question,  stood — 
yeas  39,  nays  12 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett.  Blunt,  Brown,  Barton,  Burris.  Button. 


66  CoxvENTiox  Pkoceedings  and  Debates. 

Foster.  Forman.  Graham,  Greer,  Griffith,  Hippie,  Hubbard.  Hanway, 
Kingman,  Lilhe,  Lamb,  Aliddleton,  May,  Moore,  IMcDowell,  McCune,  Mc- 
Clelland, McCuUough,  Preston,  Parks,  Porter,  Ross,  Signer,  Slough,  Stin- 
son,  Stiarwalt,  Simpson,  Thacher,  To\^^lsend,  J.  Wright,  Wrigley,  Wil- 
liams— 39. 

Nats — Messrs.  J.  Blood,  N.  C.  Blood,  Crocker,  Hutchinson,  Hoffman, 
Houston,  Ingalls,  Palmer,  Perry,  Ritchie,  Stokes,  T.  S.  Wright — 12. 

So  the  protest  was  accordingly  ordered  to  be  spread  on  the  journal  of 
the  Convention. 

BASIS    OF   APPORTIOXMENT. 

Mr.  McClelland.  Mr.  President,  I  move  that  the  vote  taken  yester- 
day on  the  motion  to  send  messengers  to  the  country  to  get  the  census  re- 
turns, in  order  that  this  Convention  may  be  the  better  enabled  to  make  a 
just  apportionment,  be  reconsidered. 

Mr.  Slough.  Mr.  President,  after  consulting  with  a  number  of  mem- 
bers from  remote  counties,  I  am  satisfied  that  imless  we  send  messengers 
we  shall  not  get  the  returns  in  time.  The  expense  will  be  slight.  The  mes- 
sengers can  go  and  return  in  ten  days.  It  may  be,  in  consequence  of  not 
ha\ing  these  returns,  the  Convention  will  ho  delayed,  and  the  expense 
would  then  be  very  much  greater  than  that  of  the  messengers. 

Mr.  Thacher.  I  think  it  um\-ise  to  send  messengers.  It  would  be  ex- 
pensive. Then  there  are  many  towns  where  the  messenger  would  not  find 
any  returns.  My  friend  from  Pottawatomie  informs  me  that  no  census  has 
been  taken  there.  They  did  not  know  the  law.  The  laws  are  locked  up 
safe  in  Lawrence,  and  when  they  will  get  to  the  people  it  will  take  a  wiser 
man  than  I  am  to  tell.  1  have  written  to  our  coimty  clerk  to  send  me  the 
census,  and  we  shall  get  them  easiest  in  this  way.  1  hope  the  order  of 
yesterday  will  be  allowed  to  slumber. 

]Mr.  BuRRis.  I  think  everything  will  be  gamed  by  writing  to  the  clerks. 
I  have  written,  and  I  think  I  shall  get  the  information  just  as  quick,  and 
it  will  be  as  accurate,  as  from  any  other  source.  He  is  the  clerk  of  the 
board.  This  will  save  a  great  expense,  and  wherever  the  census  has  been 
taken  we  can  certainly  get  it  in  this  way. 

Mr.  Bluxt.  The  case  in  Johnson  and  the  case  in  Leavenworth  county 
are  very  different.  There  is  a  difficulty  in  securing  the  returns  from  the 
southern  counties.  They  have  not  the  mail  facilities  that  can  reach  us  in 
less  than  four  or  five  weeks.  We  think  we  have  been  disfranchised  long 
enough  in  Southern  Kansas.  And  the  expense  would  be  small.  The  mes- 
sengers need  not  consume  more  than  five  or  six  days.  It  could  not  cost  as 
much  as  the  Convention  waiting  that  length  of  time  for  the  mails.  We 
cannot  do  justice  in  the  apportionment  unless  we  have  these  returns.  I 
think  the  importance  of  the  case  amply  justifies  the  expense. 

Mr.  Houston.  Mr.  President,  if  wc  send  out  nmners,  I  think  it  will 
result  in  compelling  the  Convention  to  place  the  matter  of  apportionment 
in  the  hands  of  the  Governor,  President  of  the  Council  and  Speaker  of  the 
House  of  Representatives,  or  some  such  i^lan.  The  runners  will  not  get  in 
in  time.  In  several  counties,  as  Marshall,  Riley,  Clay,  Douglas,  &c.,  there 
has  been  no  census  taken,  and  if  we  should  send  a  thousand  runners  there 
we  would  be  none  the  better  off.  It  seems  to  me  the  better  plan  to  write 
[*XLV]  to  the  clerks,  and  *place  this  information  before  the  committee 
on  Apportionment  at  once. 

Mr.  Ross.  I  think  it  is  too  late  to  obtain  any  desirable  result  in  this 
wav.     The  only  safe  reliance  must  be   upon  information   derived   from 


FiiiDAV,  JiLY  S,  1859.  67 

members  on  this  floor.     That  can  be  had  spectUly,  and  it  will  be  satis- 
factory.   I  hope  the  Convention  will  not  reconsider  the  order. 

Mr.  Crocker.  I  hope  this  motion  will  not  prevail.  It  will  take  two  or 
three  weeks  to  get  information  that  will  do  us  any  good.  If  I  understand 
it,  the  law  requires  the  census  returns  to  be  made  about  these  days,  and 
could  we  not  get  it  quicker  by  sending  to  the  office  of  the  Secretary  of  the 
Territory?  I  suppose  I  shall  have  the  returns  of  my  county  in  a  day  or 
two.  About  this  trip  to  Southern  Kansas  in  four  or  five  days — it  will  take 
at  least  a  week  and  a  half  or  two  weeks. 

Mr.  Griffith.  According  to  the  law,'  the  returns  will  be  in  the  hands 
of  the  counties  till  the  4th  of  this  month.  It  is  probable  that  they  then 
will  be  mailed  to  the  Secretary's  office.  Making  allowance  for  delaj's,  it  is 
not  probable  that  they  will  be  at  the  Secretary's  office  before  the  first  of 
August.  We  want  to  adjourn  before  that  time.  It  might  require  twenty 
days  to  get  the  answer  of  a  letter  to  Bourbon  county.  It  is  absolutely 
necessary  that  we  should  have  these  returns,  and  we  cannot  be  sure  of 
getting  them  without  going  to  the  clerks  or  the  supervisors.  To  be  certain, 
I  am  in  favor  of  sending  messengers.  They  can  come  and  go  in  ten  days, 
and  the  thing  can  be  done  by  five  men. 

The  motion  to  reconsider  was  rejected. 

ADJOURNMENT. 

On  motion  of  Mr.  Kingm.\n,  it  was — 

Ordered,  That  when  the  Convention  adjourns  to-day  it  shall  be  till 
Monday  morning  at  9  o'clock. 

PRESIDENT   PRO   TEM. 

The  President.  The  Chair  would  suggest  the  propriety  of  the  election 
of  a  President  pro  tempore,  so  as  to  avoid  a  vacancy  in  the  chair. 

On  motion  of  Mr.  Hovston,  it  was — 

Ordered,  That  the  Convention  do  now  proceed  to  the  election  of  a 
President  pro  tern. 

The  election  proceeded,  and  the  first  ballot,  viva  voce,  resulted  as  fol- 
lows: 

Mr.  Thacher  received  33  votes,  Mr.  Barton  received  15  votes,  Mr. 
Slough  received  1  vote;  absent,  3. 

Mr.  Thacher  having  received  a  majority  of  the  votes,  was  declared 
elected. 

LIEN    L.\W. 

Mr.  Brown  oftered  the  following,  which,  on  the  motion  of  ;Mr.  Thacher, 
was  referred  to  the  committee  on  the  judiciary: 

Resolved,  That  it  shall  be  referred  to  the  committee  on  legislation  to  con- 
sider and  report  as  to  the  propriety  and  expediency  of  directing  that  the 
Legislature  shall  be  prohibited  from  passing  any  hen  law  that  shall  be 
partial  in  its  operation,  but  that  it  shall  be  provided  in  any  lien  law  here- 
after passed,  that  all  classes  of  laborers  shall  have  equal  privileges  to  a 
lien  upon  any  property  upon  which  their  labor  shall  have  been  bestowed. 

LIST   OF    MEMBERS. 

Mr.  Brow^n  submitted  the  following,  which,  on  the  motion  of  Mr.  King- 
man, was  referred  to  the  committee  on  Printing: 

Resolved,  That  the  Secretary  of  this  Convention,  at  as  early  a  day  as 
l)0ssible,  and  upon  the  completion  of  the  list  of  names,  residence,  county. 


68  Convention  Proceedings  and  Debates. 

&c.,  &c.,  of  the  members  of  this  Convention,  cause  three  hmidred  copies 
of  the  same  to  be  printed,  and  that  the  Sergeant -a  t-Arms  be  directed  to 
inrnish  each  member  with  five  copies  of  the  same. 

The  Convention  then  adjourned  till  Monday  morning  at  9  o'clock. 


PXLVI]  -LIST  OF  COMMITTEES. 


preamble  and  bill  of  rights. 

Hutchinson,  Lillie,  Hamvay,  Perry,  John  Wright. 

executive  department. 

Greer,  Porter,  Button,  McDowell,  Hubbard. 

legislative  department. 

Thaeher,  Arthur.  X.  C.  Blood,  McClelland,  Brown. 

militia. 

Blunt,  ]\Iay,  T.  S.  Wright,  Hubbard,  J.  Wright. 

judicial  department. 

Kingman,  Thaeher,  Burris,  Greer,  Blunt,  Lillie,  Perry,  Slough,  Stinson, 
Parks,  Wrigley. 

electors  and  elections. 

Townsend,  Porter,  ]\Iay,  Palmer,  Arthur,  Slough,  Wrigley. 

schedule. 

Burris,    Mitldleton,    Kitchie,    Hanway,    Williams,    Ingalls,    McCuUough, 
McDowell,  Hippie. 

apportionment. 

Preston,    McCuUough,    Graham,    Palmer,    Thaeher,    Arthur,    Moore, 
Crocker,  Ritchie,  Hoffman,  Ross,  McDowell,  Stiarwalt. 

corporations  and  banking. 

Graham,  Bvuris,  J.  Blood,  Lamb,  Middleton,  Stokes,  Blunt,  Crocker, 
Burnett,  Griffith,  Slough,  Barton,  Perry. 

education  and  public  institutions. 

Griffith,  Middleton,  Stokes,  Houston,  May,  McClelland,  Hippie. 

COUNTY    AND    TOW. \ SHIP   ORGANIZATION. 

liitchic,  T.  S.  Wright.  Preston,  McCuUough,  Moore,  Simpson,  J3rown. 

ORDINANCE    AND    PUBLIC    DEBT. 

J.  JMood,  Diittou,  Kingman,  Hanway,  Hoffman,  Burnett,  Hutchinson, 
Lamb,  Preston,  N.  C.  Blood,  Graham,  Stinson,  McCune. 

FINANCE    AND   T.\X.\TI0N. 

Simpson,   X.   C.   lilood,  Crocker,   Hutchinson,   Palmer,  Signor,  Lamb, 
Hoffman,  Porter,  Stinson,  Foster. 


Monday.  .Iily  11.  1859.  69 

amendmexts  axd  miscellaneous. 
HdiLston.  Ro.=:s,  Ingalls,  Signer,  Williams,  Burnett,  Forman. 

FEDEHAL    RELATIONS. 

T.  S.  Wright,  Houston,  Stinson,  Palmer,  Forman. 

PHRASEOLOGY   AND   ARRANGEMENT. 

Ingalls,   Ro.s.«,   Kingman,   Stokes,   Button,   Porter,   Town.send,   Griffith, 
Lillie,  Stiarwalt,  Barton,  Perry,  Foster,  McCune.  Parks. 


[*1]  *MoNDAY.  Jvily  11,  1859.1 

The  Convention  met  at  9  o'clock,  a.  m. 

Prayer  by  the  Chaplain. 

The  journal  of  Friday  was  read  by  the  Secretary,  corrected  and  ap- 
proved. 

CLERICAL   appointments — FRIDAY. 

The  Secretary"  reported  his  appointment  of  the  following  clerical  as- 
sistants: 

Ed.  S.  Nash,  Journal  Clerk. 

P.  .T.  Hinton  and  Robert  St.  Clair  Graham,  Enrollins  Clerks. 

CORRECTION  OF  THE  REPORTS. 

yh\  CiRAHAii.  Air.  President,  I  rise  to  a  ciuestion  of  privilege.  In 
the  official  report  as  published  in  The  Gazette  of  Saturday,  in  the  pro- 
ceedings of  Thursday  last,  I  am  incorrectly  reported.  I  send  the  error 
to  the  Secretary  to  be  read: 

"Doniphan  had  not  enough  to  entitle  her  to  five  representatives,  and 
two  were  stricken  off  and  given  to  Wj-andotte,  &c.  This  was  by  way  of 
amendment  to  the  council  bill.  The  council  assented  to  the  House  amend- 
ments, except  that  they  reduced  the  Wyandotte  delegation  to  two,  added 
one  delegate  to  Doniphan,  and  struck  out  'Atchison'  and  inserted  'Wyan- 
dotte' as  the  place  of  holding  the  Convention." 

Mr.  President,  this  is  incorrectly  reported.  What  I  said,  was  this: 
The  committee  took  from  the  county  of  Leavenworth  three  delegates  and 
placed  them  to  the  new  county  of  Wyandotte.  After  going  to  the  council 
by  an  agreement  made  between  Wyandotte  and  Doniphan,  it  was  ar- 
ranged and  the  bill  was  amended  so  that  one  of  the  Wyandotte  delegates 
should  go  to  the  county  of  Doniphan. 

The  President.  Can  any  gentleman  give  information  as  to  whether 
the  mi.«take  originated  wdth  the  printer,  or  whether  it  is  inherent  in  the 
report  ? 

Mr.  Ross.  I  consulted  the  printer  in  regard  to  this  error  this  morning, 
and  he  assured  me  that  the  fault  was  not  his,  because  he  had  not  examined 
the  proof-sheet  of  the  report — that  the  Reporter  took  the  responsibility 
of  the  reading. 

The  President.  The  Chair  will  state  that  he  has  noticed  several  dis- 
crepancies in  the  report — cases  where  the  report  is  palpably  different  from 
the  spoken  language;  but  he  has  been  informed,  that  the  reporter  has  not 
yet  secured  the  force  he  intends  to  have,  and  that  the  reports  will  not  be 
so  hable  to  errors,  on  this  account  for  the  future.    Certainly  the  benefit  to 

'  Note. — At  this  point  in  the  original  etUtion  tlie  page  numbers  were  changed  from 
Roman  to  Arabic  numerals. 


70  Convention  Pkoceedings  and  Debates. 

be  derived  from  reporting  must  be  in  the  correctness  of  the  reports;  and 
the  Chair  trusts  that  the  committee  will  look  to  it  that  the  reports  come 
before  the  country  as  correct  as  may  be.  The  Chair  has  also  noticed  that 
in  the  same  speech  of  the  gentleman  from  Atchison  the  word  "Laughter" 
is  interpolated.  In  the  judgment  of  the  Chair  such  a  latitude  of  the  pen 
seems  to  be  improper  in  this  place.  In  the  newspaper  reports  such  notices 
of  the  sensations  of  the  audience  are  not  out  of  place;  but  in  the  judgment 
of  the  Chair  it  is  hardly  admissible  where  the  substance  and  spirit  of  the 
remarks  of  members  are  proposed  to  be  given  for  a  dehberative  body. 

Mr.  Ross.  It  has  been  suggested  to  me  that  it  would  be  well  for  the 
reports  to  be  corrected  by  the  speakers  themselves.  The  paper  is  not 
published  till  the  afternoon,  and  there  would  be  time  to  hand  in  the  cor- 
rection to  the  printer. 

The  President.  The  matter  can  be  properly  reached  in  two  ways: 
under  the  head  of  resolutions,  or  through  a  report  from  the  standing  com- 
mittee on  printing. 

Mr.  Blunt.  I  noticed  several  omissions  and  additions  in  the  report 
of  my  remarks  on  Thursday.  In  some  cases  the  error  of  a  single  word 
changes  and  spoils  the  sense.  I  will  call  attention  to  one  case  where  the 
change  of  a  word  has  destroyed  the  whole  sentence.  In  one  of  the  last 
paragraphs  of  the  remarks  I  made  that  day,  it  is  reported: 

"Mr.  President,  let  us  lay  aside  every  partisan  feeling  and  local  preju- 
dice, and  in  the  spirit  of  ingeivuousness  let  us  give  to  the  people  a  Con- 
[*2]  stitution  that  shall  be  acceptable  to  *them  and  honorable  to  our 
glorious  constellation  of  States." 

The  word  made  use  of  was  iiberality." — The  error  in  this  word  destroys 
the  whole  paragraph. 

MK.    PEKHY    SWORN. 

Mr.  Pai{ks.  Mr.  President,  I  see  my  colleague  (Mr.  Perry  of  Leaven- 
worth) is  in  the  Hall,  and  I  suggest  that  the  Chair  administer  to  him  the 
oath  of  office. 

Mr.  Perry  then  came  forward,  received  the  oath  of  a  member  of  the 
Convention  at  the  hands  of  the  President  and  took  his  seat. 

NEBRASKA   DELEGATES. 

Mr.  Tow^NSEND.  Mr.  President,  I  send  up  the  credentials  of  the  dele- 
gation to  this  body  from  the  Territory  of  Nebraska,  and  ask  their  reference 
to  the  committee  on  credentials. 

They  were  referred  accordingly. 

Mr.  Houston  offered  the  following,  which  on  the  motion  of  Mr.  Blunt, 
was  referred  to  the  committee  on  credentials: 

Resolved,  That  the  delegation  elected  by  the  people  of  Southern  Ne- 
braska to  represent  their  wishes  in  reference  to  the  (luestioii  of  State 
boundary  be  invited  to  honorary  seats  on  this  floor,  with  the  privilege  of 
presenting  the  wishes  of  their  constituents,  and  speaking  on  the  questions 
of  State  boundary. 

HOURS  OF   SESSION. 

Dr.  Blunt  offered  the  following: 

Resolved,  That  until  otherwise  ordered  this  Convention  shall  hold  its 
sessions  as  follows:  from  8  o'clock  a.  m.  to  12  m.  and  from  3  o'clock  p.  m. 
to  6  p.  M. 


Monday.  Jvi.y  11,  ISoO.  71 

SCHOOL,    UNIVERSITY   AND    ROAD    LANDS. 

Mr.  Graham  submitted  the  following: 

Resolved,  That  the  committee  on  ordinance  be  instructed  to  embody 
the  following  proposition  to  Congress  in  the  Ordinance  to  this  Constitution : 

1st.  That  sections  number  sixteen  and  thirty-six  in  every  township  of 
public  lands  in  said  State,  and  where  either  of  said  sections,  or  any  part 
thereof,  has  been  sold  or  otherwise  disposed  of,  other  lands,  equivalent 
thereto  and  contiguous  as  may  be,  shall  be  granted  to  the  said  State  for  the 
use  of  Schools. 

2d.  That  seventy-two  sections  of  land  shall  be  set  apart  for  the  use 
and  support  of  a  State  University,  to  be  selected  by  the  Governor  of  said 
State,  subject  to  the  apjiroval  of  the  Commissioner  of  the  General  Land 
Office,  and  to  be  appropriated  and  applied  in  such  manner  as  the  Legis- 
lature of  said  State  may  provide,  for  the  purpose  aforesaid,  but  for  no 
other  purpose. 

3d.  That  two  sections  of  land,  to  be  selected  by  the  Governor  of  said 
State,  in  legal  subcUvisions,  shall  be  granted  to  said  State  for  the  purpose 
of  completing  the  public  buildings,  or  for  the  erection  of  others  at  the  seat 
of  government,  under  the  direction  of  the  Governor  thereof. 

4th.  That  all  the  salt  springs  within  the  said  State,  not  exceeding 
twelve  in  number,  with  six  sections  of  land  adjoining  or  contiguous  as 
may  be  to  each,  shall  be  granted  to  said  State  for  its  use,  the  same  to  be 
selected  by  the  Governor  thereof,  within  one  year  after  the  admission  of 
said  State,  and  when  so  selected,  to  be  used  and  disposed  of  on  terms, 
conditions  and  regulations  as  the  Legislature  may  direct:  Provided,  That 
no  salt  spring  or  land,  the  right  whereof  is  now  vested  in  any  individual 
or  individuals,  or  which  may  hereafter  be  confirmed  or  adjudged  to  anv 
incU\adual  or  indi\'iduals,  shall  by  this  article  be  granted  to  said  State. 

5th.  That  five  percentum  of  the  proceeds  of  the  sales  of  all  pubHc 
lands  lying  within  the  State,  which  shall  be  sold  bv  Congress  after  the 
admission  of  said  State  into  the  Union,  after  deducting  all  the  expenses 
incident  to  the  same,  shall  be  paid  to  said  State  for  the  purpose  of  making 
public  roads  and  internal  improvements,  as  the  Legislature  shall  direct: 
Provided,  That  the  foregoing  propositions  shall  never  interfere  with  the 
primary  disposal  of  the  lands  of  the  United  States,  or  with  any  regula- 
[*3]  tions  Congress  may  find  neces^sary  for  securing  title  in  said  soil 
to  bona  fide  purchasers  thereof,  and  that  no  tax  shall  be  imposed  on  lands 
belonging  to  the  United  States,  and  that  in  no  case  shall  non-resident  pro- 
prietors be  taxed  higher  than  residents. 

6th.  And  the  said  State  shall  never  tax  the  lands  or  property  of  the 
United  States. 

iMr.  Graham.  I  offer  to  the  Convention  this  i)roposition  in  the  very 
terms  in  which  I  find  it  in  what  is  termed  the  English  Bill.  It  is  the  same 
proposition  which  was  made  to  us  by  the  Democratic  party,  in  the  event 
of  the  adoption  of  the  Lecompton  Constitution.  I  suppose  they  cannot 
well  back  down  from  that  which  was  offered  as  a  bribe  to  receive  a  slavery 
Constitution. 

Mr.  Griffith.  ]\Ir.  President,  inasmuch  as  we  have  placed  this  matter 
in  the  hands  of  one  of  the  standing  committees,  I  move  that  the  resolution 
be  referred  to  the  committee  on  ordinance. 

]Mr.  Griffith  offered  an  amendment  that  the  words  ''Sui)erinten<'u-nt  of 
Schools"  be  inserted  after  "Governor"  in  second  resolution. 

Mr.  Greer  offered  the  following,  by  way  of  substitute: 


72  CoxvEXTiox  Proceedings  and  Debates. 

Resolved,  That  the  committee  on  ordinauce  be  instructed  to  inquire 
into  the  expediency  of  asking  Congress  to  grant  to  the  State  of  Kansas 
all  the  pubUc  lands  within  her  limits  at  the  time  of  admission  into  the 
Union. 

Mr.  Greer.  I  desire  to  cover  more  ground  than  the  gentleman  from 
Atchison. 

Mr.  Parks.  Mr.  President,  I  think  we  are  forestalling  the  committee 
on  ordinance.    I  move,  therefore,  to  lay  the  whole  subject  on  the  table. 

Mr.  Graha:m  demanded  the  yeas  and  nays,  and  the  same  being  ordered 
and  taken,  resulted — yeas  12,  nays  22 — as  follows: 

Ye.\s — Messrs.  Barton,  Foster,  Forman,  Hubbard,  Moore,  McDowell, 
^IcCune,  McClelland,  Perry,  Parks,  Stiarwalt,  Wrigley— 12. 

Xays— IMessrs.  Arthur,  Burnett,  Blunt,  Burris,  N.  C.  Blood,  Crocker, 
Dutton,  Graham,  Greer,  Griffith,  Hutchinson,  Hanway,  Hoffman,  Houston, 
Kingman,  Lillie,  Lamb,  Middleton,  May,  McCullough,  Preston,  Palmer, 
Porter.  Ritchie,  Ross,  Signer,  Stokes.  Simpson.  Thacher,  Townsend,  T.  S. 
Wright,  Williams,  Mr.  President— 32. 

So  the  CouAention  refused  to  lay  the  subject  on  the  table. 

Air.  Bix'NT.  If  in  order,  I  move  that  the  original  resolution,  the  amend- 
ment of  the  gentleman  from  Bourbon,  and  the  substitute  of  the  gentleman 
from  Shawnee  be  referred  to  the  committee  on  ordinance. 

Mr.  HousTox  submitted  the  following: 

Resolved,  That  the  committee  on  orchnance  be  instructed  to  inquire 
into  the  expediency  of  asking  a  reasonable  grant  of  land  from  Congress 
for  the  puri)ose  of  removing  some  of  the  obstacles  which  now  exist  in  the 
way  of  steamboat  navigation  on  the  Kansas  river,  as  far  west  as  Fort  Riley. 

(3n  motion  In*  Mr.  Thacher,  the  whole  subject  was  referred  to  the  com- 
mittee on  ordinance. 

w^oman's  rights. 

Mr.  Hutchinson  (by  unanimous  consent)  presented  the  petition  of 
two  hundred  and  fifty-two  inhabitants  of  Douglas  and  Shawnee  counties, 
on  the  subject  of  the  elective  franchise  and  the  rights  of  females  in  con- 
nection therewith,  and  asked  that  it  l^e  referred  to  the  committee  on  elec- 
tive franchise  and  the  judiciary. 

Mr.  McDowell  j^roposed  to  amend  by  changing  the  reference  to  the 
committee  on  the  militia. 

The  amendment  was  rejected,  and  the  petition  referred  to  the  two  com- 
mittees first  named. 

Mr.  Hutchinson  submitted  the  following: 

Resolved,  That  the  Convention  hold  a  special  session  on  Wednesday 
evening  next  at  7  o'clock,  for  the  purpose  of  considering  in  committee  of 
the  whole  the  several  petitions  from  various  counties  on  the  subject  of 
[*4]  elective  franchise,  and  that  Mrs.  C.  J.  H.  Nich*ols  be  invited  to 
present  her  views  on  the  question  at  said  session. 

Mr.  KiNCiMAN.  Mr.  President,  the  various  and  conflicting  propositions 
necessary  for  us  to  reconcile  in  organic  law,  will  necessarily  occupy  all  the 
time  we  have  to  spare.  We  have  already  adopted  a  plan  of  hearing  parties 
outside  through  our  regularly  constituted  and  organized  committees.  It 
seems  to  me,  that  important  as  this  subject  may  be,  the  proper  place  to 
hear  it  is  before  the  standing  committees,  where  all  who  choose  to  do  so 
may  be  present.    I  move  to  la}'  the  resolution  on  the  table. 


MoxDAY.  Jri.Y  11.  1850.  7o 

The  motion  wa.s  withdrawn  for — 

Mr.  HuTCHixsox.  I  haA^e  simply  a  word  to  say.  I  think,  in  behalf  of 
rlie  Ladies'  Association  existing  in  Southern  Kansas,  who  have  especially 
delegated  Mrs.  Nichols  to  appear  here  in  this  behalf,  that  it  is  very 
appropriate  and  fitting  that  this  subject  should  be  brought  before  the 
Convention  in  committee  of  the  whole.  Besides,  Mrs.  Nichols  is  one  of  the 
petitioners,  and  I  hope  no  petitioner  will  be  debarred  the  right  to  express 
her  views. 

Mr.  Griffith.  I  wish  to  remark,  that  it  is  not  proposed  to  occupy 
any  of  the  working  hours  of  the  Convention.  The  proposition  is  for  1 
o'clock.  The  Convention  should  hear  the  arguments  to  be  proposed  by 
The  lady.  I  have  no  objection  to  hear  them.  I  am  rather  anxious  to  hear 
them.    I  should  be  sorry  to  see  the  motion  prevail  to  lay  on  the  table. 

Mr.  KiTCHiE.  Since  we  have  just  decided  that  a  foreign  delegation 
should  have  the  privilege  of  appearing  here  and  presenting  their  claims 
upon  this  body,  I  should  be  sorry,  in  the  same  hour,  to  see  those  who  are 
most  closely  identified  with  all  that  is  pure  and  good  and  restraining 
denied  the  pri\dlege  of  appearing  and  presenting  their  views  upon  the  great 
principles  of  government  before  the  Convention.  The  right  of  petition, 
I  hope,  will  ever  be  held  sacred.  In  this  age  of  intelligence — in  the  noon 
of  the  nineteenth  centurj^,  I  hope  we  will  not  take  the  position  that 
we  will  not  hear  a  woman  in  her  own  cause.  Every  man  has  received 
liis  first  and  best  impressions  from  his  mother;  therefore,  when  the  mothers 
speak  don't  let  us  become  so  full  of  Democracy  and  Republicanism  as  to 
stop  our  ears. 

Mr.  Blunt.  Inasmuch  as  this  subject  has  been  referred  to  the  com- 
mittee on  judiciary  and  elective  franchise,  and  these  committees  are  ex- 
pected to  report  upon  it,  I  think  it  is  proper  that  the  argument  should  be 
presented  before  these  committees.  And  there  will  be  opportunity  afforded, 
no  doubt,  for  all  who  desire — both  members  and  outsiders — to  hear  what- 
ever argument  may  be  presented,  for  the  committees  will  sit  in  this  haU. 

Mr.  BuHRis.  Mr.  President,  I  would  like  to  amend  by  referring  the 
resolution  to  the  committee  on  the  judiciary  and  the  elective  franchise. 

Mr.  Houston .  I  hope  this  matter  will  not  be  placed  wholly  before  the 
committees.  I  hope  at  least  that  the  Convention  will  be  more  courteous 
towards  half  the  people  of  Kansas.  This  resolution  involves  the  question 
whether  the  ladies  of  Kansas  shall  be  heard  by  this  body  through  one  of 
their  number.  Mr.  President,  I  should  like  to  hear  this  lady  present  her 
views.  It  seems  to  me  that  the  ladies  of  Kansas  may  very  properly  demand 
this  right  of  being  heard  here,  and  that  it  ought  to  be  granted.  It  seems 
to  me  that  they  have  a  peculiar  claim  upon  us,  now  in  the  commencement 
of  the  organization  of  a  State  government,  to  hear  their  arguments.  If 
they  have  no  arguments,  or  if  their  arguments  are  of  no  value;  if 
they  do  not  sustain  their  conclusions — still  they  have  a  right  to  present 
them  for  our  consideration.  It  seems  to  me  that  this  giving  it  to  the  com- 
mittees would  be  to  suppress  the  matter.  I  do  not  suppose  that  any  of  us 
feel  that  we  are  Solomon's  son,  or  that  we  are  already  as  wise  as  we  ever 
can  be.  I  confess  that  I  am  a  little  hunkerish  on  this  matter  in  reference 
[*5]  to  the  rights  of  women.  But  still  I  would  like  to  hear  these  ar*gu- 
ments.  And  the  time  is  coming  when  it  will  be  impossible  for  any  power 
in  this  land  to  curtail  one  single  human  right.  If  the  Republican  party, 
which  has  come  into  power  for  the  moment,  shall  ignore  these  rights,  it  will 
devolve  upon  some  other  party  to  develop  them.    But,  sir,  whilst  we  are 


74  CoxvENTioN  Proceedings  and  Debates. 

in  power,  I  would  say  to  gentlemen,  let  no  man  hesitate  to  do  right — let  us 
have  the  advantage  of  the  whole  field  as  it  spreads  itself  before  our  vision. 
Gentlemen  maj^  laugh,  but  it  is  one  thing  to  laugh  and  another  thing  to 
have  a  solid  pillar  of  stone  to  stand  upon. 

Mr.  BuRRis.  It  seems  to  me  it  would  be  entirely  proper  to  refer  the 
resolution  to  the  committee  in  charge  of  the  petition.  Otherwise  it  would 
seem  like  referring  a  matter  to  a  committee,  and  then,  by  a  subsequent  act, 
taking  it  out  of  their  hands.  I  would  prefer  to  let  both  go  to  the  com- 
mittee; let  the  lady  be  heard  before  the  committees,  and  let  such  a  report 
be  made  as  the  case  may  seem  to  demand.  One  gentlernan  remarked  that 
the  hearing  would  not  be  during  the  working  hours  of  the  Convention.  If 
not,  then  all  could  attend,  and  I  presume  every  gentleman  would  be 
pleased  to  attend  and  hear  the  argument.  But  as  to  hearing  the  argument 
in  form  before  the  body,  by  a  person  not  a  member  of  the  Convention,  I 
think  we  had  better  first  hear  the  report  of  the  committee,  and  then  take 
such  action  as  we  may  think  proper. 

Mr.  Blunt  proposed  the  following,  by  way  of  resolution: 

Resolved,  That  the  committee  on  judiciary  and  elective  franchise  be 
instructed  to  convene  in  this  hall  on  Wednesday  evening,  at  7i/^  o'clock, 
p.  M.,  to  consider  the  matter  of  the  memorial  of  the  citizens  of  Douglas  and 
Shawnee  counties  on  the  subject  of  woman's  rights,  and  that  Mrs.  Nichols 
be  invited  to  address  the  Convention  on  the  subject  of  the  memorial.    . 

Mr.  McClelland.  I  move  that  the  whole  subject  be  laid  on  the  table, 
and  demand  the  yeas  and  nays  on  the  motion. 

The  PREsmENT  stated  that  there  was  no  rule  regulating  a  demand  for 
the  yeas  and  nays,  and  in  the  absence  of  rule  he  would  take  the  sense 
of  the  majority,  by  way  of  sustaining  the  demand. 

The  Convention,  by  a  majority,  refused  to  sustain  the  demand. 

Mr.  Hutchinson.  It  is  a  common  rule  that  one-fifth  or  one-tenth  of  a 
quorum  shall  be  sufficient  to  second  a  call  for  the  yeas  and  nays. 

The  President.  The  gentleman  is  right;  but,  in  the  absence  of  any 
rule,  the  Chair  cannot  take  anything  but  the  will  of  the  majority. 

Mr.  Slough.  We  have  established  a  precedent  here,  that  any  gentle- 
man may  call  the  yeas  and  nays  without  a  second.  It  seems  to  me  that, 
in  the  absence  of  any  rule,  we  might  be  governed  by  precedent. 

The  President.  The  Chair  has,  hitherto,  ordered  the  yeas  and  nays  on 
the  call  of  a  member,  but  does  not  understand  that  any  precedent  has  been 
established  in  the  case. 

Mr.  Hutchinson  moved  an  order  for  the  amendment  of  the  rules,  so 
that  one-fourth  may  second  a  demand  for  the  yeas  and  nays. 

Mr.  Thaciier  proposed  to  amend  by  substituting  an  order  referring 
this  matter  of  amendment  of  the  rules  to  the  committee  on  rules,  with 
instructions  to  report  to-morrow  morning. 

The  substitute  was  agreed  to,  and  the  matter  referred  accordingly. 

Mr.  McClelland's  motion  to  lay  the  subject  of  hearing  Mrs.  Nichols  on 
the  table,  was  rejected — affirmative  16,  negative  25— and  the  question  re- 
curred on  the  adoption  of  Mr.  Blunt's  substitute. 

Mr.  Thacher.  I  consider  the  resolutions  offered  by  the  gentleman  from 
Anderson  (Mr.  Blunt)  to  be  right  and  fair.  It  proposes  nothing  more  than 
an  informal  meeting  of  the  body  to  listen  to  the  discussion  of  a  subject 
that  has  awakened  considerable  interest  in  the  country.  It  is,  at  least,  a 
[■■•6]     question  haA'ing  two  sides.    Therefore,  I  think  it  eminently  *proper 


Monday,  July  11,  1859.  7o 

for  the  Convention  to  hold  this  informal  meeting.     1  hope,  also,  that  we 
will  extend  this  becoming  courtesy  to  the  ladies. 

Mr.  Bluxt.  The  resolution  is  only  to  instruct  the  two  committees  to 
meet  here  and  hear  Mrs.  Nichols. 

The  Phesident.  Both  committees  meeting  on  the  same  evening  might 
make  confusion,  as  the  chairman  of  each  committee  might  consider  him- 
self entitled  to  preside. 

Mr.  Kingman.  There  will  be  no  collision  between  the  chairmen  of  the 
two  committees.  The  subject  is  more  properly  in  the  hands  of  the  com- 
mittee on  the  elective  franchise  than  in  the  hands  of  the  committee  on  the 
judiciary.  But  if  it  is  not,  I  am  sure  it  will  not  be  disagreeable  to  the  latter 
conamittee  if  I  should  waive  my  right  to  preside.  I  want  to  make  an  answer 
to  the  insinuation  that  I  am  not  in  favor  of  the  right  of  petition.  I  am  in 
favor  of  that  right.  I  want  these  petitioners  to  be  heard.  I  say  nothing 
about  the  subject  of  the  petition.  All  subjects  of  petition  are  assumed  to 
be  right  in  their  object  and  intention.  We  have  regularly  constituted  or- 
gans— our  standing  committees — for  ascertaining,  considering  and  reporting 
on  these  objects.  I  pass  no  opinion  on  the  petition  in  question,  but  I  can- 
not consent  to  depart  from  the  estabhshed  rules  of  the  body  for  the  asser- 
tion of  any  principle  or  the  requirement  of  any  right. 

Mr.  Greer.  I  concur  with  the  gentleman  from  Brown  (Mr.  Kingman). 
1  am  perfectly  willing  to  come  here  and  hear  the  argument  of  any  citizen 
of  Kansas  in  favor  of  any  proposition — but  not  in  committee  of  the  whole 
nor  in  the  Convention.  I  am  willing  to  grant  the  use  of  the  hall,  when  it 
wOl  not  interfere  with  the  Convention,  for  the  purpose  of  hearing  this  sub- 
ject or  any  other  that  may  be  addressed  to  the  Convention  in  respectful 
language.  But,  as  suggested  by  the  gentleman  from  Brown,  I  doubt  the 
]iropriety,  as  well  as  the  policy,  of  allowing  persons,  who  petition  this  body 
to  come  in  and  be  heard.  I  think  the  Convention  fully  competent  to  dis- 
pose of  all  questions  that  legitimately  come  before  it.  And  whilst  I  would 
not  reject  the  petition  of  any  portion  of  the  citizens  of  Kansas,  I  must 
adhere  to  the  usual  mode  of  disposing  of  them,  which  is  by  the  Convention 
hself. 

Mr.  Hutchinson.  The  gentleman  from  Brown  thinks  we  would  Ix- 
establishing  a  bad  precedent  to  allow  petitioners  to  be  heard  here  in  their 
own  behalf.  I  am  of  opinion  that  if  half  of  the  people  of  this  Territory 
should,  by  express  resolution,  delegate  authority  to  an  individual  to  appear 
for  them  before  this  body,  it  would  be  the  wisdom  of  the  Convention — the 
duty  of  every  member — to  admit  that  party  to  be  heard  in  open  Conven- 
tion. I  consider  this  to  be  the  case  at  this  time.  At  a  Convention  of 
laches  in  Southern  Kansas,  Mrs.  Nichols  was  elected  to  appear  here  and 
advocate  their  rights  in  connection  with  the  various  subjects  embraced  in 
their  petition.  Sir,  I  am  willing  to  stand  open  and  above-ground  on  this 
question.  I  am  sorry  that  a  question  agitating  the  ])ublic  mind  so  uni- 
versally as  woman's  rights — calling  together  inteUigent  audiences  in  every 
State  in  the  Union— should  have  become,  in  our  estimation,  of  so  slight  im- 
portance as  to  be  thought  unbecoming  the  dignity  of  the  body  to  be  heard 
in  open  Convention!  I  think  no  evil  consequences  can  result  from  giving 
our  attention  to  a  question  so  interesting  to  half  the  people  of  the  Territory. 
The  day  is  coming  when  open  and  fair  discussion  of  all  questions  pertain- 
ing to  the  constitutional  rights  of  women  as  well  as  men,  must  be  heard 
before  all  such  bodies  as  this. 

Mr.  McClelland  proposed  an  amendment  to  the  substitute,  and  the 


76  Convention  Proceedings  and  Debates. 

amendment  and  substitute  as  amended,  and  the  resolution  as  substituted, 
were  severally  adopted  without  a  division. 

FIFTEEN    MINUTES    RULE. 

Mr.  Griffith  submitted  the  following: 

Resolved,  That  all  speeches  made  in  this  Convention  be  limited  to  fifteen 
minutes. 

[*7]     *The  President.     The  proper  form  should  be  an  amendment  to 
the  standing  rules  limiting  speeches  to  half  an  hour. 

Mr.  Griffith.  I  acquiesce  in  that.  I  think  this  body  is  capable  of 
appreciating  points,  and  that  if  gentlemen  will  present  their  points  of 
argument  they  will  be  understood  as  well  as  by  elaboration.  By  an  esti- 
mate, it  is  ascertained  that  every  thousand  words  spoken  here  will  cost 
the  Government  of  the  United  States  or  the  people  of  Kansas  over  ten 
dollars.  That  being  the  fact,  and  our  time  being  precious,  we  should  be 
willing  to  be  limited  to  the  shortest  time  in  which  we  can  present  our 
views.    Let  us  make  points,  not  spread  eagle  speeches. 

Mr.  McDowell.  I  hope  the  resolution  will  not  prevail.  I  think  every 
member  appreciates  his  position,  and  that  none  proposes  to  occupy  time 
unnecessarily.  There  will  be,  no  doubt,  before  the  Convention,  matter 
requiring  considerable  discussion,  upon  which  it  will  be,  perhaps,  impos- 
sible to  compress  an  argument  in  the  time  proposed.  I  think  half  an 
hour  is  little  time  enough  for  the  limit. — We  have  had  yet  very  few 
speeches,  and  they  have  been  short.  I  am  satisfied  that  there  wall  be  very 
little  waste  of  time  in  speech-making  in  this  body. 

Mr.  Blunt.  No  man  can  be  more  anxious  to  facilitate  business  than 
myself,  yet  I  am  opposed  to  this  resolution.  I  agree  with  the  gentleman 
from  Leavenworth,  that  questions  will  come  before  tliis  Convention  for 
discussion,  ui)on  which  it  will  be  impossible  for  a  gentleman  to  present  an 
argument  in  less  time  than  half  an  hour,  and  I  think  the  rule  hmiting 
speech  to  80  minutes  is  little  time  enough.  I  shall,  therefore,  vote  against 
the  resolution  to  amend  the  rule. 

Mr.  Thacher.  I  think  that  15  minutes  is  long  enough — plenty.  I 
do  not  know  of  any  subject  upon  wliich  I  cannot  express  my  views  in  15 
minutes. 

Mr.  Hutchinson  proposed  to  amend  the  proposition  by  excepting  the 
lemarks  of  chairmen  of  Committees,  but  there  was  no  second. 

Mr.  Wrigley  moved,  reference  of  the  matter  to  the  Committee  on 
Rules,  which  was  lost — affirmative.  15;  negative,  20;  and  the  question 
recurred  on  Mr.  Griffith's  presentation. 

Mr.  Griffith.  If  an  important  question  should  come  up  requiring 
lengthy  speeches,  we  can  go  into  Committee  of  the  Whole  and  hear  dis- 
cussion till  we  are  tired. 

Mr.  lliTCHiE  offered  the  following: 

Resolved,  That  the  Constitution  of  the  State  of  Kansas,  shall  confer 
power  on  the  Legislature,  to  prohil)it  the  introduction,  manufacture,  or 
•sale  of  spirituous  liquors  within  the  State. 

On  motion  of  Mr.  Blunt,  it  was  referred  to  the  Committee  on  the 
Legislative  Department. 

Mr.  Foster  submitted  the  following,  which  was  adoi)ted: 

Resolved,  That  the  Committee  on  Miscellaneous  Business  be  instructed 
TO  incjuire  into  and  report  as  to  the  propriety  of  inserting  in  the  con- 


Monday,  July  11,  1859.  77 

stitution  a  clause,  exempting  from  forced  sale  for  debts  created  after  the 
adoption  of  this  constitution,  to  every  head  of  a  family  a  homestead,  the 
value  of  which  shall  not  exceed  a  certain  and  stated  amount. 

Mr.  McCuNB  submitted  the  following: 

Resolved,  That  the  Committee  on  Executive  Department  be  instructed 
to  report  an  article  giving  the  Governor  power  to  convene  the  Legisla- 
ture on  extraordinary  occasions. 

Resolved,  That  the  Committee  on  Legislative  Department  be  instructed 
to  report  an  article  making  members  of  the  General  Assembly  elective 
biennially,  and  providing  for  biennial  sessions  of  the  Legislature;  also, 
limiting  the  duration  of  the  sessions  of  the  Legislature  to  three  montlis. 

Mr.  Blunt  moved  their  reference  to  the  appropriate  committees. 
Mr.  Slough  proposed  to  amend,  so  that  they  be  referred  without  in- 
structions. 

These  motions  were  agreed  to. 

Mr.  Hutchinson  submitted  the  following,  which  was  adopted: 

Resolved.  That  the  several  standing  committees,  excepting  the  com- 
mittees ou  Apportionment,  Phraseology  and  Arrangement,  be  required  to 
report  on  or  before  next  Friday,  the  14th  inst. 

[*8]     *Mr.  McCuNE  submitted  the  following: 

Resolved,  That  the  Committee  on  the  Legislative  Department  be  in- 
structed to  inquire  into  the  expediency  of  providing  in  the  Constitution 
Schedule  some  clause  excluding  all  free  negroes  from  a  residence  in  the 
State  of  Kansas,  from  and  after  the  first  day  of  Januarj'',  1859. 

INIr.  Graham  moved  to  lay  it  on  the  table. 

Mr.  Wrigley  demanded  the  yeas  and  nays,  but  there  was  no  second. 

Mr.  Slough  submitted  the  following: 

Resolved,  That  hereafter  the  business  hours  of  the  Convention  shall  be 
from  9  to  12  in  the  forenoon,  and  from  3  to  6  in  the  afternoon,  and  that  all 
resolutions  and  orders  heretofore  passed  in  conflict  herewith,  be  and  the 
same  are  hereby  rescinded. 

Mr.  Arthur  proposed  to  strike  out  "nine"  and  insert  "eight." 

Mr.  Ritchie  i)roposed  to  strike  out  "six"  and  insert  "five." 

Mr.  Thacher.  I  heartily  coincide  with  this.  This  Convention  costs 
the  people  $200  a  day,  and  I  am  glad  to  see  a  disposition  to  expedite 
business  as  fast  as  possible.  Two  committees  have  completed  their  labors 
before  Friday.    I  hope  the  resolution  will  be  adopted. 

Mr.  Blunt.  I  understand  that  most  all  the  committees  have  their 
reports  in  the  hands  of  the  printer,  and  the  httle  business  yet  unfinished 
in  their  hands  can  be  attended  to  during  the  mornings  and  evenings  before 
and  after  the  meeting  of  the  Convention.  In  order  that  we  may  proceed 
as  fast  as  possible  with  the  business  already  prepared,  I  hope  the  resolu- 
tion of  the  gentleman  from  Leavenworth  will  be  adopted. 

Mr.  Ritchie's  and  Mr.  Arthur's  amendments  were  rejected,  and  then 
the  original  resolution  was  adopted. 

Mr.  FoRMAN  submitted  the  following,  which  was  adopted: 

Resolved,  That  there  be  added  to  the  standing  committees  of  this  Con- 
vention a  committee  of  five  members,  to  be  styled  the  'Committee  on 
Accounts,'  whose  duty  it  shall  be  to  examine  all  accounts  of  members  and 
officers  of  t.his  Con^•ention,  or  others  having  accounts  with  the  same; 


7S  CoxvEXTiox  Proceedings  and  Debates. 

and  shall  at  the  end  of  the  session  or  at  other  times  as  it  may  deem 
proper,  report  to  the  Convention  the  respective  accounts  justly  due. 

Mr.  Hoffman  submitted  the  following,  which  was  referred  to  the  Com- 
mittee on  Preamble  and  Bill  of  Rights: 

Resolved,  That  Religious  Tests  shall  never  be  required  as  a  qualifica- 
tion for  any  office  of  trust  under  the  State,  and  no  person  shall  be  rendered 
incompetent  to  give  evidence  in  any  court  of  law  or  equity  in  consequence 
of  his  opinions  on  the  subject  of  religion. 

Mr.  Graham  as  chairman  of  the  Committee  on  Corporations  and  Banks, 
offered  a  report. 

Mr.  Slough  moved  the  rejection  of  the  report  by  the  President  as  out 
of  order,  as  not  having  been  printed  in  accordance  with  the  standing  rule — 
it  was  so  ruled. 

Mr.  LiLLiE.  Mr.  President,  I  move  that  the  vote  on  Friday  last  re- 
jecting the  resolution  by  which  the  Wyandotte  delegation  were  proposed 
to  be  admitted  to  honorary  seats  in  this  body,  be  now  reconsidered. 

The  motion  was  agreed  to,  and  the  question  recurring  again  on  the 
adoption  of  the  resolution,  and  the  yeas  and  nays  being  demanded  and 
seconded,  the  vote  stood — ayes  28,  nays  20 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Button,  Graham,  Griffith,  Hanway,  Hoffman,  Houston,  Kingman, 
Lillie,  Lamb,  Middleton,  May,  McCuUough,  Preston,  Porter,  Signor,  Stokes, 
Thacher,  Townsend,  Wright,  Williams,  Mr.  President — 28. 

Nays — Messrs.  Barton,  Foster,  Forman,  Greer,  Hippie,  Hubbard,  Hutch- 
inson, Moore,  McDowell,  McCune,  McClelland,  Palmer,  Perry,  Parks, 
Ritchie,  Slough,  Stinson,  Stiarwalt,  Simpson,  Wrigley — 20. 

So  the  resolution  was  adopted. 

Mr.  Lillie.  When  this  subject  was  considered  before  I  voted  in  the 
negative.  I  did  so  under  the  impression  that  this  courtesy  had  been  ex- 
tended to  the  Wyandotte  delegation  on  a  former  occasion,  but  finding 
myself  laboring  under  a  wrong  impression,  I  have  taken  opportunity  to 
set  myself  right. 

On  motion  by  Mr.  Graham,  the  Convention  then  took  a  recess  till 
3  o'clock,  p.  M. 


[*9]    -THE  CONSTITUTIONAL  CONVENTION. 


PROCEEDINGS  AND  DEBATES  of  the  Kansas  Constitutional  Conven- 
tion, convened  at  Wyandotte,  July  5th,  1S59,  under  the  act  of  the 
Territorial  Legislature,  entitled  "An  Act  providing  for  the  formation 
of  a  Constitution  and  State  Government  for  the  State  of  Kansas.'' 
Approved  Feb.  11,  ISoO. 

Monday,  July  11. 

AFTERNOON    SESSION. 

On  motion  by  Mr.  ^IcDowell,  leave  of  absence  was  granted  to  Mr. 
Perry,  on  account  of  ill  health. 

CORPORATIONS   AND    BANKING. 

Mr.  Graha:m,  from  the  Committee  on  Corporations  and  Banking  now 
submitted  the  following  report: 

corporations. 

Section  1.  Corporations  may  be  created  under  general  laws,  but  shall 
not  be  created  by  special  act,  except  for  municipal  purposes.  All  general 
laws  or  special  acts  authorizing  or  creating  corporations  may  be  altered 
from  time  to  time,  or  repealed. 

Sec.  2.  Dues  from  corporations  shall  be  secured  by  such  individual 
liability  of  the  stockholders,  and  other  means  as  shall  be  prescribed  by  law; 
and  each  stockholder  of  a  corporation  or  joint  stock  company,  except  cor- 
I^orations  for  charitable  purposes  and  railroad  corporations,  shall  be  indi- 
\'idually  liable  over  and  above  the  stock  owned  by  such  stockholders,  and 
any  amount  unpaid  thereon,  to  a  further  sum  at  least  equal  in  amount  to 
such  stock. 

Sec.  3.  The  property  of  corporations,  now  existing,  or  to  be  hereafter 
created,  shall  be  subject  to  taxation  the  same  as  the  projjerty  of  indi- 
viduals; Provided,  That  the  property  of  corporations  for  charitable  or 
religious  purposes,  not  exceeding  in  amount  the  sum  of  fifty  thousand  dol- 
lars, shall  not  be  subject  to  taxation  for  any  purpose. 

Sec.  4.  All  real  estate  or  other  property  of  religious  corporations,  shall 
vest  in  Trustees,  whose  election  shall  be  by  the  members  of  such  corpora- 
tions. 

Sec.  5.  The  General  Assembly  shall  provide  for  the  organization  of 
cities  and  villages  by  general  laws,  and  shall  restrict  their  powers  of  taxa- 
tion, assessment,  borrowing  money,  contracting  debts  and  loaning  their 
credit,  so  as  to  prevent  the  abuse  of  such  powers. 

Sec.  6.  The  term  corporations,  as  used  in  this  article,  shall  be  construed 
to  include  all  associations  and  joint  stock  companies  having  any  of  the 
powers  and  privileges  not  possessed  by  individuals  or  partnerships;  and  all 
corporations  shall  ha-s'e  the  right  to  sue,  and  shall  be  subject  to  be  sued  by 
their  corporate  name  in  all  courts  of  competent  jurisdiction,  the  same  as 
natural  persons. 

(79) 


80  C'dxvKXTiox  Proceedings  and  Debates. 

BANKING   AND    CURRENCY. 

Section  1.  No  bank  shnll  be  established  otherwise  than  under  a  general 
banking  law. 

Sec.  2.  Whenever  the  Legislature  shall  provide  a  general  banking  law 
it  shall  require,  as  collateral  security  for  the  redemption  of  the  circulation 
of  any  bank  organization  under  such  law,  a  deposit,  with  the  Auditor  of 
State,  of  interest-paying  bonds  of  the  several  States,  or  of  the  United 
States,  and  the  Auditor  of  State  shall  register  and  countersign  no  more 
circulating  Ijills  of  such  bank  than  the  cash  value  of  such  bonds  when  de- 
posited. 

Sec.  3.  Whenever  the  bonds  i)ledged  as  collateral  security  for  the  cir- 
culation of  any  bank  shall  depreciate  in  value,  the  Auditor  of  State  shall 
require  security,  or  curtail  the  circulation  of  any  bank  as  may  be  provided 
by  law. 

Sec.  4.  All  bank  notes  issued  as  money  shall  be  redeemable  in  the  legal 
currency  of  the  United  States.  Holders  of  bank  notes  shall  be  entitled,  in 
case  of  the  insolvency  of  such  banks,  to  preference  of  specie  payment  over 
all  other  creditors. 

Sec.  5.  The  State  shall  not  be  a  stockholder  in  any  bank  or  banking 
institution. 

[-10]  Sec.  6.  All  banks  shall  be  required  to  keep  ^officers  and  offices  for 
the  issue  and  redemption  of  their  circulation  at  some  convenient  point 
within  the  State. 

Sec.  7.  Any  general  banking  law  which  may  be  enacted,  may  at  any 
time  be  altered,  amended  or  repealed.         Robert  Graham,  Chairman. 

On  motion  by  Mr.  Slough,  the  Convention  resolved  itself  into  a  Com- 
mittee of  the  Whole  House  (Mr.  Thacher  in  the  Chair),  and  took  up  the 
consideration  of  this  report,  and  it  was  ordered  to  be  considered  by  the 
sections  separately. 

The  first  section  being  read  by  the  Secretary. 

Mr.  Stinson  proposed  to  strike  out  so  that  the  section  will  read — 
"Corporations  shall  be  created  under  general  laws  alone,  except  for  mu- 
nicipal purposes."  He  considered  the  second  line  mere  surplusage,  for  it  is 
a  conceded  principle,  that  where  an  act  of  incorporation  has  been  granted, 
any  time  before  vested  rights  have  accrued  under  the  act,  the  Legislature 
may  amend,  but  the  Legislature  cannot  touch  the  charter,  so  as  to  interfere 
with  those  rights. 

Mr.  Slough  proposed  to  amend  by  way  of  substitute,  which  he  said  he 
derived  from  the  first  and  second  sections  of  the  article  on  corporations  in 
the  Ohio  Constitution.    It  was  read  as  follows: 

"The  General  Assembly  shall  pass  no  special  act  conferring  corporate 
]K)wers.  Cori)orations  may  he  formed  under  genera!  laws;  but  all  such 
laws  may,  from  time  to  time,  be  altered  or  repealed." 

Mr.  Slough.  I  propose,  that  no  act  of  incorporation  shall  be  passed, 
except  of  a  general  character.  I  cannot  conceive  of  the  necessity  for  any 
distinction  being  drawn  between  corporations.  It  is  proposed  in  the  report 
to  make  an  exception  in  the  case  of  municipal  corporations.  I  see  no 
necessity  for  the  exception.  I  understand  that  there  is  another  jirovision 
to  be  proposed  requiring  all  acts  to  be  of  a  general  character,  and  as  vil- 
lages, towns  and  cities  are  to  be  classified,  it  will  allow  all  of  the  same  class 
to  be  placed  on  the  same  footing.     It  seems  to  me  that  our  legislation 


Monday,  July  11,  1S59.  81 

will  be  greatly  simplified,  if  such  a  provision  of  the  Constitution  shall  he 
complied  with. 

The  substitute  was  adopted — affirmative  22,  negative  12,  and  so  the 
first  section  was  passed. 

The  second  section  being  read  by  the  Secretary. 

Mr.  BuRRis  proposed  to  amend  by  striking  out  the  words,  "'And  any 
amount  unpaid  thereon,"  to  the  5th  fine.  These  words  were  unnecessary. 
He  could  see  nothing  gained  by  retaining  them,  only  as  they  tend  to  mystify 
and  obscure  the  sense. 

Mr.  Slough.  It  frequently  occurs  that  only  a  small  portion  of  the 
stock  is  paid  in — say  SIO  on  the  SlOO,  and  these  words  are  for  the  purpose 
of  providing  that  the  party  shall  be  responsible,  not  merely  for  the  SIO, 
but  for  the  full  value  of  his  stock. 

Mr.  McDowell.  At  the  first  blush,  my  mind  agrees  with  the  sugges- 
tion of  the  gentleman  from  Johnson  (Mr.  Burris).  It  seems  to  me  that  it 
should  be  immaterial  whether  the  stock  is  paid  in  or  not,  if  the  stockholder 
owns  it.  The  object  to  be  accomplished  by  the  section  is  to  secure  the 
individual  liability  of  the  stockholders  in  double  the  amount  of  stock 
owned,  so  that  the  country  may  not  suffer  on  account  of  the  indebtedness 
of  the  corporation.  That  is  the  object.  If  it  can  be  attained  as  well  by 
striking  out  these  words,  which  may  throw  doubt  on  the  meaning  of  the 
section,  then  these  words  ought  to  be  stricken  out.  But  is  that  the  case? 
It  seems  to  me,  that  the  section  as  thus  read,  has  a  very  appre^-iable 
meaning — so  clear  that  it  cannot  be  misunderstood,  and  that  the  addition 
of  these  words  throw  doubt  upon  its  meaning.  But  now,  what  \s  the 
amount  of  stock  owned  by  an  individual?  Is  it  the  amount  he  has  paid  in? 
or  is  it  the  amount  for  which  he  has  the  certificate  of  the  company?  If 
it  is  simply  the  amount  paid  in,  then  the  gentleman  from  Leavenworth 
[*11]  (Mr.  *Slough)  is  right;  but  if  it  is  the  face  of  the  certificate 
of  stock,  then  these  words  are  surplusage.  I  think  when  the  stock  has 
beeri  subscribed,  the  individual  becomes  responsible  /or  the  face  of  the 
certificate  he  holds.  And  one  of  the  objects  we  ought  to  have  in  view  is 
the  simplification  of  the  phraseology  we  employ. 

Mr.  Slough.  I  am  willing  to  concede  that  the  section  is  not  as  clear 
as  it  might  be,  and  I  propose  to  amend  by  striking  out  all  after  the  word 
"corporations,"  in  the  5th  line,  and  insert  these  words:  "shall  be  hable 
in  a  sum  double  the  amount  owned  by  each  stockholder." 

Mr.  HiPPLK  proposed  to  amend  the  amendment  by  striking  out  the 
words,  "and  railroad  corporations;"  which  was  rejected. 

y'v.  Slough's  amendment  was  adopted. 

Mr.  Stinson  proposed  to  amend  by  striking  out  the  words,  "Dues  from 
corporations  shf^ll  be  secured  by  individual  liability  of  the  stockholders, 
ancl  other  means  as  shall  be  prescribed  by  law;  and."  It  seemed  to  him 
that  these  words  were  mere  verbiage. 

The  amendment  was  rejected;  and  so  the  section  was  passed. 

The  third  section  being  read  by  the  Secretary — 

Mr.  Hoffman  proposed  to  amend  by  striking  out  all  after  the  word 
"individuals." 

Mr.  Stinson  proposed  to  strike  out  the  entire  section.  It  was  all 
surplusage. 

Mr.  Slough.  I  should  dislike  to  see  this  section  stricken  out,  unless 
the  committee  on  Finance  and  Taxation  shall  incorporate  it. 

C — 778 


82  Convention  Proceedings  and  Debates. 

A  voice.    We  have  got  it. 

Mr.  Slough.    Then  I  am  in  favor  of  striking  out. 

Mr.  Hutchinson  proposed  the  following  by  way  of  substitute,  which 
was  rejected: 

"The  property  of  railroad  and  telegraph  corporations  shall  be  exempt 
from  taxation  until  such  time  as  said  corporations  have  declared  a  divi- 
dend on  their  stock." 

The  motion  to  strike  out  was  agreed  to,  and  it  was  also  agreed  that 
section  four  should  be  section  three. 

Section  4  being  read  by  the  Secretary — 

Mr.  Slough  proposed  to  insert  as  section  four  the  following,  derived 
from  section  5,  articJe  XIII,  of  the  Ohio  Constitution: 

"No  right  of  way  shall  be  appropriated  to  the  use  of  any  corporation, 
until  full  compensation  therefor  be  first  made  in  money,  or  first  secured 
by  a  deposit  of  money,  to  the  owner,  irrespective  of  any  benefit  from  any 
improvement  proposed  by  such  corporation;  which  compensation  shall  be 
ascertained  by  a  jury  of  twelve  men,  in  a  court  of  record,  as  shall  be  pre- 
scribed by  law." 

Mr.  President  Winchell.  I  propose  to  amend  by  striking  out  the 
words:  "Irrespective  of  any  benefit  from  any  imj^rovement  proposed  by 
such  corporations." 

Mr.  Blunt.  I  am  opposed  to  the  amendment  of  the  gentleman  from 
Osage  [Mr.  Winchell].  I  think  it  would  leave  the  section  in  such  a  shape 
that  it  would  o]:)erate  unfairly  and  unjustly.  I  know  that  it  is  claimed 
by  many  that  the  advantages  derived  from  the  location  and  construction 
of  a  railroad  or  other  work  of  internal  improvement  through  a  man's  land 
or  plantation  should  be  sufficient  compensation  for  the  darhages;  and 
\iewing  it  in  one  sense  that  may  be  the  case.  But  does  not  this  rule  in- 
vidiously discriminate  between  such  a  man  and  his  neighbor,  who  receives 
the  same  advantages  from  the  location  of  the  railroad  or  work  of  internal 
improvement,  and  who  is  not  damaged  at  all  by  the  cutting  up  of  his 
land?  For  instance:  A  and  B  each  own  a  quarter  section  of  land  adjoin- 
ing some  railroad,  who  have  derived  equal  benefits  from  the  location  and 
construction  of  such  road.  But  the  road  runs  through  the  land  of  A. 
damaging  him  greatly,  and  in  consideration  of  the  benefit  he  derives  from 
the  road  he  is  awarrled  no  damages, — whilst  B  sustains  no  damage  at  all. 
and  enjoys  all  the  advantages  wliich  have  cost  A  the  ruin  of  his  farm. 
[^12]  This  matter,  I  know,  was  thor*oughly  canvassed  in  Ohio,  and  in 
the  late  Constitution,  adopted  in  1851,  this  clause  was  provided.  Previous 
to  that  time,  it  was  customary  in  assessing  damages  which  any  jierson 
micht  sustain  by  the  location  of  a  railroad  or  other  work  of  internal  im- 
provement through  his  plantation,  to  take  into  consideration  the  benefits 
accruing;  and  even  if  the  railroad  run  diagonally  through  his  farm,  I  never 
knew  an  instance  in  which  damages  were  awarded  to  him,  according  to  his 
claims.  And  the  people  of  Ohio,  seeing  the  unfairness  and  injustice  of  this 
system,  had  this  provision  incorporated  into  their  Constitution;  and  I 
believe  they  are  still  satisfied  with  it.  So  I  think  the  matter  of  material 
importance,  that  the  section  should  be  retained  as  it  stands  in  the  original 
proposition. 

Mr.  President  Winchell.  It  appears  to  me,  sir,  that  the  financial  con- 
dition of  the  citizens  of  the  State  of  Kansas,  and  that  of  the  people  of  the 
State  of  Ohio,  are  widely  dissimilar.  Whilst  it  is  comparatively  an  easy 
matter  to  construct  a  railroad  there,  where  there  is  capital,  and  where  cor- 


Monday,  July  11,  1859.  83 

porations  are  willing  to  enter  on  such  works  upon  almost  any  terms,  I  pre- 
sume all  are  aware,  that  it  must  be  very  difficult  to  construct  a  railroad 
in  Kansas  for  some  time  to  come.  It  is  for  this  reason  that  I  am  willing  to 
offer  an  inducement  for  capitalists  to  come  among  us  and  invest  in  rail- 
roads, by  diminishing  the  damages  for  the  right  of  way.  It  seems  to  me 
also,  that  no  man  is  so  much  benefitted  as  the  man  through  whose  land  the 
road  passes.  It  gives  him  immediate  access  to  the  road.  It  gives  him  the 
opportunity  for  a  depot  and  the  building  up  of  a  town  on  his  farm.  And 
it  seems  also,  that  if  his  farm  were  badly  cut  up,  reciuiring  extra  fencing, 
&c.,  that  any  jiu-y  of  fair-minded  men  would  award  him  damages.  For 
these  reasons  I  am  in  favor  of  the  amendment. 

Mr.  Houston  proposed  to  make  the  number  of  the  jury  of  assessment 
"six"  instead  of  "twelve";  which  was  rejected. 

Mr.  Winchell's  amendment  was  then  agreed  to;  and  so  the  section  was 
adopted. 

Section  h\e  being  read  by  the  Secretary — 

Mr.  KixGMAX  proposed  to  amend  by  striking  out  the  words,  "The  Gen- 
eral Assembly  shall  provide,"  and  inserting  these  words:  "Provision  shall 
be  made  by  law." 

Mr.  Hutchinson  suggested — "by  general  law." 

Mr.  King:man  accepted,  and  so  the  amendment  was  adopted. 

Mr.  PnEsmENT  Winchell  proposed  to  strike  out  the  words,  "shall 
restrict,"  and  insert  after  the  word  "credit"  these  words:  "shall  be  re- 
stricted." 

Mr.  FoKMAN   proposed  to  strike  out  "cities"  and  insert  "towns." 

These  amendments  were  agreed  to. 

Mr.  Stinson  proposed  to  strike  out  these  words:  "and  shall  restrict 
their  powers  of  taxation,  assessment,  borrowing  money,  contracting  debts 
and  loaning  their  credit,  so  as  to  prevent  the  abuse  of  such  powers." 

Mr.  Slough  objected  to  this.  The  practical  operation  of  this  provision 
in  the  Ohio  Constitution  had  been  to  limit  in  cities  and  towns  the  amount 
of  taxation  that  might  be  levied  for  municipal  purposes.  It  was  to  prevent 
abuse  of  the  taxing  power.  It  was  one  of  the  wisest  and  best  provisions  that 
could  be  inserted  in  the  Constitution. 

Mr.  King:man.  Still  it  left  the  whole  power  in  the  hands  of  the  Legis- 
lature. They  were  themselves  the  judges  whether  the  power  is  abused  or 
not.    It  added  nothing  to  the  security  against  abuse. 

Mr.  BuRRis.  I  cannot  see  the  propriety  of  striking  out  these  words. 
They  do  not  lengthen  the  section  very  much.  They  are  not  cumbersome. 
It  seems  to  me  that  this  is  just  such  a  provision  as  ought  to  be  there.  It  is 
thus  imperatively  made  the  duty  of  the  Legislature  to  provide  against 
abuses.  It  is  imperatively  required  of  them.  It  is  just  as  peremptory  as 
the  provision  that  they  shall  i^rovide  b}-  general  law  for  the  organization  of 
towns  and  villages. 

The  amendment  was  rejected;  and  so  the  fifth  section  passed. 

[*13]     *The  sixth  section  having  been  read  by  the  Secretary — 

Mr.  Stinsox  moved  to  strike  out  this  section.  It  seems  to  me  utterly 
preposterous — like  other  things  I  have  moved  to  strike  out. 

Mr.  Slough.  It  appears  that  this  section  is  only  for  the  purpose  of 
defining  what  the  word  "corporation"  means.  It  is  unnecessary  in  the 
Constitution. 


84  Convention  Proceedings  and  Debates. 

Mr.  Griffith.  If  it  can  do  no  harm,  I  see  no  necessity  for  striking  it 
out.  I  am  opposed  to  mutilating  reports,  unless  there  is  a  clear  necessity 
for  so  doing.  This  xery  article,  as  I  understand,  is  found  in  a  number  of 
State  Constitutions,  and  perhaps  it  is  applicable  and  important. 

The  motion  was  rejected. 

Mr.  McClelland  made  an  ineffectual  motion  to  strike  out  the  last  six 
words  of  the  section. 

BANKING   and    CURRENCY. 

The  Secretary  having  read  the  first  section  in  this  chapter  of  the  report 
of  the  committee  on  Corporations  and  Banking — 

Mr.  McDowell.  Mr.  Chairman,  I  propose  to  strike  out  all  after  the 
word  "established,"  and  insert  in  lieu  thereof  the  words  "by  law." 

In  offering  this  amendment,  Mr.  Chairman,  I  propose  for  a  single  mo- 
ment to  give  my  reasons  for  it.  I  am  opposed,  sir,  to  all  banks.  I  am 
opposed  to  giving  the  Legislature  any  power  to  create  banks.  I  want,  if 
possible,  to  see  the  new  State  of  Kansas  start  right  on  this  question,  and  my 
notion  is,  that  the  right  way  to  start  on  this  question  is,  to  take  away  from 
the  Legislature  all  power  of  creating  banks.  1  have  regarded  the  history  of 
banking  in  this  country,  sir,  as  a  history  of  disaster,  of  ruin,  and  of  all 
manner  of  unfairness,  to  such  a  degree  that  it  has  been  eminently  oppressi'\'e 
in  all  the  States  where  they  have  existed. 

I  believe,  sir,  in  the  first  place,  that  it  is  impossible  to  establish  a  system 
of  banking  that  will  be  safe — under  which  the  noteholder  can  be  made  se- 
cure. The  temptation  to  fraud,  to  cheatery,  to  dishonesty,  under  any  sys- 
tem of  banking  that  I  have  ever  seen  are  so  great,  that  experience  has 
demonstrated  that,  under  almost  all  systems  of  banking,  they  have  not  been 
resisted.  It  is  especially  true  in  th's  country,  that  all  our  monetary  revul- 
sions result  from  the  depreciation  of  bank  paper.  I  defy  gentlemen  to  show 
a  case  where  these  revulsions  have  not  resulted  from  the  establishment 
of  banking  in  the  country. 

Gentlemen  may  reply  and  say,  if  we  suppress  banks  we  will  be  without 
a  circulating  medium.  In  answer  to  that,  I  have  simi)ly  to  say,  that  there 
is  enough  of  the  precious  metals  in  the  country  to  create  a  circulating 
medium  to  answer  all  purposes  that  banks  can,  and  that  if  we  establish 
nothing  for  a  circulating  medium  but  gold  and  silver,  gold  and  silver  will 
find  their  way  here.  The  country  abounds,  sir,  with  this  character  of  a 
circulating  medium — locked  up  in  the  vaults  of  the  banks,  and  prevented 
from  <roing  into  circulation,  because  bank  notes  circulate  in  th(>ir  stead. 
If  we  adopt  that  for  our  position,  we  shall  avoid  the  ruin  which  these 
banks  have  everywhere  wrought,  and  we  shall  have  a  currency  in  which 
there  will  be  no  mutations,  and  connected  with  which  there  will  be  no 
revulsions.  Nothing  so  materially  retards  the  ])rosperity  of  a  State  as  the 
establishment  of  such  corjoorations.  Some  few  States,  I  admit,  have  banks, 
with  charters  well  guarded  and  restricted,  which  seem  to  work  well.  But 
it  must  be  yet  a  matter  of  doubt  with  them  all,  and  no  man  can  say  that 
they  will  not  yet  result  in  the  ruin  of  many,  and  to  the  detriment  of  the 
inten-sts  of  the  State  in  which  they  exist. 

Sir,  I  i^jropose  that  this  State  shall  start  right.  I  i)ropose  that  we  keep 
away  from  the  Legislature  all  power  to  create  such  cori)orations.  I  may 
be  in  a  small  minority  here  on  this  question,  but  conceiving  that  I  am 
right,  I  am  constrained  to  call  upon  the  Convention  to  consider  well 
whether  it  is  not  our  true  policy  to  prevent  the  creation  of  any  bank  of 
[*14]     *issue  in  Kansas. 

I  know  it  is  futile  to  institute  Constitutional  objections  to  the  estab- 


Monday,  July  11,  1850.  85 

lishment  of  banks  by  a  State  government;  for  by  common  consent  of  the 
States,  they  have  nearly  all  ignored  the  legal  proposition;  but  still  I  will 
advance  it  for  what  it  is  worth.  The  Constitution  of  the  United  States 
directly  jirohibits  the  States  from  establishing  corporations  with  banking 
powers.  [Mr.  McD.  here  referred  to  two  cases  in  4th  and  5th  Howard's 
Reports,  in  which  the  Court  defines  a  bill  of  credit,  and  decides  that  a 
State  as  such,  cannot  issue  bills  of  credit.  He  continued.]  And  if  a  State 
cannot  do  such  a  thing  directly,  it  certainly  cannot  do  so  by  any  inchrec- 
tion,  as  through  a  chartered  incorporation.  This  was  the  only  question  in 
those  cases  before  the  Supreme  Court  that  all  such  banking  corporations 
are  void.    But  still  the  people  are  in  favor  of  the  banking  system. 

But,  if  the  legal  power  in  the  hands  of  the  State  were  not  doubtful, 
regarding  it  only  in  the  light  of  expediency,  I  should  still  insist  on  re- 
straining the  legislature  in  exercising  it.  For  it  does  seem  to  me  that 
the  history  of  our  State  presents  an  luiansweral^le  argument  against  this 
proposition,  and  I  regard  history  as  the  best  sort  of  i^olitical  philosophy. 
I  regard  every  State  as  starting  rachcally  wrong  that  does  not  start  right 
on  this  question.  It  is  time,  as  it  seems  to  me,  that  some  new  State  should 
take  this  stejD — in  advance  of  the  older  ones;  and  it  seems  to  me  that  no 
step  could  be  taken  more  creditable  to  the  new  State  than  that  I  have 
indicated  in  this  amendment. 

Mr.  Chairman,  this  question  has  come  up  rather  unexpectedly  to  me. 
I  had  intended  to  have  prepared  and  presented  some  statistics  bearing  upon 
it,  and  amply  sustaining  all  that  I  have  alleged  and  that  is  contemplated 
in  my  amendment;  and  I  still  propose  to  substantiate  my  allegations  by 
an  array  of  statistics,  easily  obtained  and  irrefragable  in  their  character. 
I  hope  gentlemen  will  consider  the  matter  and  express  themselves  freely 
on  this  proposition;  for  the  question  is  so  palpable  to  my  mind,  that  noth- 
ing could  please  me  more  than  to  see  such  principles  as  I  have  indicated 
in  the  Constitution. 

Mr.  J.  Blood.  Mr.  Chairman,  I  do  not  greatly  disagree  with  the 
gentleman  from  Leavenworth  in  his  opposition  to  banks.  I  have  always 
believed  the  system  wrong.  Still  I  am  aware  (as  every  other  gentleman 
must  be,  I  suppose,)  that  if  we  prohibit  banking  in  this  Constitution  it 
will  be  voted  down  by  the  people.  I  would  have  no  objection  to  inserting 
in  this  Constitution  a  clause  of  this  character,  that  any  general  banking 
law  passed  by  the  Legislature  shall  be  submitted  to  the  people  at  the  next 
general  election,  and  shall  not  go  into  effect  until  ratified  by  a  majority 
of  all  the  votes  cast.  But  I  am  confident  that  to  prohibit  the  Legislature 
from  enacting  a  banking  charter  would  be  to  defeat  the  Constitution.  I 
remember  the  first  Wisconsin  Constitutional  Convention  prohibited  bank- 
ing, and  their  Constitution  was  voted  down  by  the  people  principally  on  ac- 
count of  that  provision.  And  the  second  Constitution  provided  that  the 
question  should  be  submitted,  and  a  very  large  majority  voted  in  favor  of 
l)anking.  A  general  banking  law  was  passed,  and  it  was  also  submitted 
and  ratified.  And  I  presume  such  would  be  the  case  with  any  banking 
law  or  proposition  that  might  be  presented  to  the  people  of  Kansas. 

Mr.  Blunt.  Mr.  Chairman,  I  suppose  the  only  question  that  can  pos- 
sibly be  raised  in  Kansas  upon  this  question  would  be  in  regard  to  the 
basis  upon  which  l^anks  must  be  established,  in  order  to  secure  the  bill 
holder  and  provide  for  the  redemption  of  their  circulation.  I  know  that 
there  was  a  time  not  long  since  in  the  history  of  our  country,  when  there 
was  quite  a  formidable  anti-bank  party.  In  the  State  of  Ohio  it  was  made 
an  issue  for  a  number  of  years,  and  used  in  all  our  elections,  and  it  was 
used  principally  in  order  to  prejudice  the  mercantile  classes.    But  I  never 


86  CoNVEXTiox  Proceedings  and  Debates. 

[-15]  found  an  nulividual  engaged  in  the  mercan*tile  business,  that 
was  not  forced  to  see  the  necessity  for  banks  of  issue,  and  that  was  not 
really  a  bank  man.  whether  he  belonged  to  one  political  party  or  the  other. 
And'  I  believe  nothing  would  more  cripple  the  energy  and  enterprise  of 
the  State  of  Kansas  than  for  tliis  Convention  to  refuse  to  make  any  pro- 
vision ujwn  which  banks  might  be  established.  If  we  propose  to  be  a 
mercantile  and  commercial  people — if  we  expect  to  have  commercial  busi- 
ness to  transact  in  the  outer  world  we  must  have  a  circulating  medium 
other  than  cold  and  silver.  And  if  we  do  not  secure  to  ourselves  a  banking 
system,  established  upon  a  sound  basis,  that  shall  give  ample  security  to 
the  bill  holder,  we  must  be  dependent  for  a  circulation  upon  the  rags  and 
trash  emitted  from  the  banks  of  other  States.  And  I  conceive  that  this 
Convention  can  do  no  act  which  will  better  subserve  and  advance  the 
prosperity  and  interests  of  the  Territory  than  by  providing  that  the  Gen- 
eral Assembly  may  by  general  law  admit  of  the  creation  of  banks  of 
issue,  at  the  same  time  throwing  around  them  such  restrictions  that  they 
cannot  abuse  their  powers. 

As  a  member  of  the  Committee  on  Corporations  and  Banking,  I  will 
say  that  we  had  prepared  and  reported  the  j)rinciples  of  a  system  of  bank- 
ing that  little  or  no  objection  could  be  opposed  against.  We  have  taken 
care  in  the  succeeding  sections  of  the  bill  to  provide  against  abuses  by 
any  bank  or  corporate  body  organizing  under  the  provisions  of  a  general 
banking  law,  by  requiring  deposits  of  stock  of  the  several  States  and  of 
the  United  States  with  the  Auditor  of  State,  as  a  guarantee  or  collateral 
security  for  their  circulating  medium;  and  that  the  Auditor  shall  not  be 
authorized  to  countersign  any  more  bills  than  shall  be  eciual  to  the  cash 
value  of  such  stock  so  deposited  by  them.  And  then  to  provide  still 
further  against  fluctuations  and  depreciations  in  the  value  of  stocks,  we 
provide  a  section  that  whenever  the  amount  deposited  shall  depreciate  in 
value  the  State  Auditor  shall  require  additional  security;  or  a  corresponding 
curtailment  of  the  circulation  of  the  bank. 

Now  the  only  question  for  the  Convention  is,  whether  we  shall  establish 
a  banking  system  by  general  law — give  to  the  Legislature  power  to  charter 
corporations  by  general  law  so  that  there  shall  be  no  temptation  held  out 
for  corporations  to  interpose  their  influence  with  the  Legislature  to  induce 
grants  of  specific  advantages  in  special  charters.  By  providing  a  general 
banking  law  it  will  be  seen  that  there  is  little  or  no  opportunity  by  which 
the  Legislature  can  be  corrupted.  The  only  question  is,  then,  whether  we 
shall  provide  for  a  safe  circulating  medium  which  shall  afford  all  the  bank- 
ing facihties  demanded  by  our  commercial  interests,  and  which  will  amply 
secure  the  bill-holder  and  which  will  inspire  general  confidence;  for  I  take 
the  ground  that  the  prejudice  against  banks  comes  from  the  rottenness  of 
the  bases  on  which  banks  have  been  established.  Now  the  question  is, 
whether  we  shall  provide  ourselves  with  such  a  currency,  or  whether  we 
shall  suffer  ourselves  to  be  imposed  upon  by  our  neighboring  States  by 
having  their  bank  bills  flooded  in  upon  us,  of  the  value  of  which  we  can 
know  nothing. 

As  far  as  my  knowledge  extends  with  reference  to  the  wants  and  views 
of  the  Territory,  I  believe  the  people  are  decidedly  in  favor  of  banks;  and 
I  believe  that  any  Constitution  which  did  not  provide  for  the  organization 
of  a  sound  banking  system  would  be  rejected  by  the  people.  And  if  we  take 
this  course  our  labors  will  be  all  in  vain.  I  hope  the  Convention  will  not 
pass  over  this  matter  hastily. 

Mr.  Gkaham.     I  offer  an  additional  amendment.     .\dd  these  wortls: 


Monday,  July  11,  1859.  87 

"Until  subjected  to  a  vote  of  the  people  at  some  general  election:"  so  as  to 
read  ''no  bank  shall  be  established  by  law  until  submitted,"  &c. 

The  amendment  was  lost. 
[*16]      The  question  recurred  then  on  the  amend*ment  of  the  gentleman 
from  Leavenworth  [Mr.  ^IcDowell]  and  it  was  rejected. 

Section  two  having  been  read  by  the  Secretary — 

Mr.  WiNCHELL  offered  the  following  as  a  substitute : 

AU  general  banking  laws  shall  require  as  collateral  security  for  the  re- 
demption of  the  circulating  notes  of  any  bank  organized  under  their  pro- 
visions, a  deposit  with  the  Auditor  of  State,  of  the  interest-paying  bonds  of 
the  several  States,  or  of  the  United  States,  at  the  cash  rates  of  the  New 
York  Stock  Exchange,  to  an  amount  equal  to  the  amount  of  circulating 
notes  which  said  bank  shall  be  authorized  to  issue;  and  a  cash  deposit  in 
its  vaults  of  ten  per  cent  of  said  amount  of  circulating  notes. 

The  substitute  was  adopted — affirmative  24,  negative  IS. 

Mr.  Kinc;:max  proposed  to  strike  out  the  words  "of  the  several  states" 
and  insert  these  words  "of  the  State  of  Kansas." 

Mr.  Kingman.  The  object  to  be  attained  is  to  strike  out  the  bonds  of 
all  the  other  States  except  Kansas  and  the  bonds  of  the  general  govern- 
ment. The  effect  will  be  to  make  our  bonds  of  par  value,  and  it  will  then 
be  in  our  power  to  make  the  l^ill-holder  entirely  safe. 

Mr.  BiTRRis.  It  seems  to  me,  Mr.  Chairman,  that  the  amendment  ought 
not  to  prevail.  I  think  it  must  be  jilain  to  the  mind  of  every  member  that 
good  policy  will  never  allow  the  State  bonds  of  Kansas  to  be  issued  to  any 
very  great  amount ;  and  I  cannot  see  why  the  interest-paying  bonds  of  the 
States  would  not  secure  the  bill-holder  just  as  well.  I  remember  that  under 
the  first  Constitution  of  the  State  of  Iowa  they  could  not  create  an  in- 
debtedness of  more  than  S50,000,  and  I  hope  the  State  of  Kansas  will  adopt 
some  such  policy.  I  think  the  amoimt  should  be  restricted  to  a  sum  not 
greater  than  §50,000  or  8100,000.  And  that  will  be  no  great  amount  to 
bank  upon.  Why  not  then  allow  the  bonds  of  other  States  to  be  deposited 
as  well  as  the  bonds  of  Kansas?  It  seems  to  me  that  the  bonds  of  other 
States  would  be  equally  good  as  a  security,  and  might  as  well  be  used. 

Mr.  Stinson.  I  suppose  our  object  in  makins;  any  provision  in  rela- 
tion to  banking  will  be  to  secure  a  safe  system,  and  at  the  same  time  derive 
the  greatest  benefit  from  the  system  itself.  It  seems  to  me  that  the  State 
of  Kansas  and  e"\'ery  new  State  coming  into  the  Union  must  have  a  con- 
siderable public  debt.  There  are  extensive  improvements  to  be  under- 
taken, and  it  will  not  be  right,  it  will  not  be  possible  for  the  new  State  to 
bear  the  amount  of  taxation  which  will  immechately  devolve  upon  it; 
and  if  we  can  devise  any  means  of  borrowing  money  it  seems  to  me  it  will 
be  to  our  interest  to  do  so.  By  the  adoption  of  this  amendment  we  secure 
a  rapid  sale  of  our  bonds  which  will  stand  at  par  and  even  above  par  in  the 
market.  As  for  other  State  bonds,  we  cannot  control  them  and  it  is  pos- 
sible that  they  may  repudiate.  But  here  we  shall  have  a  safe  system,  at 
home.  All  the  bill-hoklers  are  interested  in  sustaining  the  credit  of  our 
State.  The  banks  and  bankers  and  the  bill-holders  mutually  sustain  each 
other. 

Mr.  Blunt.  Mr.  Chairman,  1  think  the  amendment  offered  liy  the 
gentleman  from  Brown  (Mr.  Kingman)  is  entitled  to  our  consideration.  It 
embraces  the  same  idea  I  had  in  ^'icw  in  offering  the  resolution  which  I  did 
offer  on  Thursday  morning,  and  we  had  the  same  matter  subsequently 


88  Convention  Proceedings  and  Debates. 

before  our  committee.  I  was  in  favor,  in  the  Committee,  of  making  a  pro- 
vision to  restrict  these  Stock  Securities  to  the  bonds  of  the  State  of  Kan- 
sas, and  of  the  United  States,  but  I  was  overruled. 

I  think  we  may  safely  predict  the  creation  of  a  State  debt  to  a  con- 
siderable extent,  probably  sufficient,  together  with  the  U.  S.  bonds,  to 
afford  a  basis  of  all  the  banking  we  shall  desire.  Hence  I  shall  vote  for  the 
amendment  of  the  gentleman  from  Brown. 

Mr.  Kingman's  amendment  was  agreed  to. 

[*17]  *Mr.  Slough.  As  we  have  not  the  amendment  offered  by  the 
gentleman  from  Osage  (Mr.  Winchell)  in  printed  form,  I  cannot  tell  ex- 
actly where  to  attach  the  amendment  I  propose.  I  move  to  amend  by  in- 
serting approi^riately  these  words,  somewhere  after  the  word  "Auditor," 
"And  he  shall  register  all  bills  issued  by  such  banks,  and  no  more  in 
amount  than  the  cash  value  of  such  bonds  so  deposited." 

Mr.  Hutchinson  proposed  to  modify  the  amendment  so  as  to  read: 

"And  the  State  Auditor  shall  register  and  countersign  no  more  circulat- 
ing bills  of  any  bank  than  the  cash  value  of  such  bonds  when  deposited." 

Mr.  Slough  accepted,  and  so  this  proposition  was  adopted  as  addi- 
tional to  that  of  Mr.  President  Winchell. 

Mr.  Graham.  Mr.  Chairman,  it  does  appear  to  me  that  as  the  substi- 
tute now  stands  it  will  virtuaUy  give  no  security  to  the  note-holder.  In 
the  report  we  made,  we  had  a  sliding  scale.  That  is,  as  the  banks  de- 
preciated we  required  that  additional  security  should  be  deposited,  or  a 
curtailment  of  the  amount  of  circulation.  The  matter  as  it  now  stands  will 
result  in  this  way.  It  is  self-evident  that  we  will  have  a  large  indebtedness 
when  we  come  to  be  a  State — no  doubt  a  half  million  or  a  million  of  dol- 
lars, the  first  year.  These  Kansas  bonds  pass  into  the  hands  of  speculators 
at.  nominal  prices — they  go  into  the  New  York  market,  and  there  their 
owners  will  raise  these  stocks  up  to  par  value  and  come  here  and  bank 
upon  them;  and  upon  that  for  the  basis  you  will  have  an  issue  of  paper 
money.  Then  the  bonds  will  be  depreciated  and  there  is  no  sliding  scale 
to  secure  you. 

Mr.  President  Winchell.  The  substitute  offered  by  myself  does  not 
touch  the  third  section  which  provides  the  sliding  scale  the  gentleman 
speaks  of. 

The  second  section,  as  amended,  was  now  adopted. 

The  third  section  was  read  by  the  Secretary. 

Mr.  President  Winchell.  Mr.  Chairman,  to  make  this  harmonize  with 
the  amendment  I  propose  to  strike  out  the  words  "as  may  be  ]irovided 
by  law"  and  insert  these  words:  "to  such  extent  as  will  continue  the 
security  unimpaired."  I  do  not  consider  the  language  of  this  third  section 
sufficiently  strong.  It  does  not  prescribe  to  what  extent  the  security  shall 
be  carried.  I  desire  to  have  this  done  so  as  to  render  the  notes  unimpaired 
in  value. 

The  amendment  was  agreed  to  by  consent,  and  so  the  third  section  was 
passed. 

The  4th  section  was  read  by  the  Secretary. 

Mr.  Kingman  proposed  to  strike  out  the  word  "money"  and  insert,  in 
lieu  thereof,  the  words  "circulating  medium;"  also,  to  strike  out  the  words 
"legal  currency  of  the  U.  S."  and  insert  in  lieu  thereof  the  word  "money;" 
also  to  strike  out  the  word  "specie"  in  the  26th  line. 


Monday,  July  11,  1859.  89 

A^r.  Graham.  The  object  the  Committee  had  in  imtting  in  the 
words  "legal  currency  of  the  U.  S."  is  this:  in  the  charter  of  the  bank  of 
the  Valley  of  Kansas,  it  is  provided  that  its  notes  shall  be  redeemed  when 
presented,  in  gold  and  silver.  And  it  was  but  a  few  days  ago  that  several 
thousand  dollars  came  up  to  them  at  Leavenworth  for  redemption,  when 
they  took  advantage  of  these  words  and  commenced  redeeming  their  notes 
in  three,  five  and  ten  cent  pieces.  About  the  same  thing  occurred  a  week 
or  ten  days  ago  in  the  State  of  Missouri,  when  the  bank  at  Lexington  was 
called  upon  for  some  $65,000  from  St.  Louis. 

Mr.  KixGMAN.  This  is  a  hard  one,  Mr.  Chairman,  but  unfortunately 
there  is  a  clause  in  the  Constitution  of  the  United  States  that  has  vexed 
me  in  ever}'  condition  of  life  in  which  I  have  been  placed,  and  that  is 
that  no  State  shall  make  anything  a  legal  tender  but  gold  and  silver. 
Are  we  to  construe  this  clause  to  mean  anything  but  gold  and  silver?  I 
believe  the  legal  currency  of  the  United  States  is  money,  and  I  wish  merely 
to  correct  the  phraseology. 

Mr.  Graham.  I  think  by  changing  the  phraseology  it  changes  the  in- 
[*18]  tention  we  want  to  get  *at.  We  want  these  corporations  to  have 
no  power  over  individuals  holding  their  note  and  claiming  payment — no 
more  power  than  you,  sir,  would  have  over  me  in  such  a  case. 

Mr.  Kingman's  amendments  were  severally  agreed  to  and  so  the  4th 
section  was  passed. 

Section  5th  was  read  and  adopted  by  consent. 

Section  6th  was  read  by  the  Secretary. 

Mr.  Wrigley  offered  the  following  addition: 

"And  a  majority  of  the  stockholders  of  any  bank  shall  be  resident  house- 
holders of  the  county  in  which  said  bank  is  located." 

Mr.  Prest.  Winchell.  It  seems  to  me  that  we  shall  be  circuniscribing 
our  banking  facilities  and  defeat  the  whole  object,  if  we  provide  that 
foreign  capitalists  shall  not  do  business  in  our  State. 

Mr.  Wrigley.  Mr.  Chairman,  I  am  opposed  to  the  adoption  of  any 
banking  law  which  shall  be  for  the  purpose  of  enabling  speculators  to 
make  money  off  the  people.  The  intention  of  such  a  law  should  be,  while 
it  shall  present  as  great  a  check  as  possible  to  undue  speculation,  yet  it 
shall  secure  to  the  people  their  best  interests — that  is,  we  should  establish 
banks  really  for  the  benefit  of  the  people.  I  have  given  but  little  atten- 
tion to  these  matters,  but  my  observations  in  the  State  of  Indiana  suggest 
this  precaution  to  my  mind.  I  know  that  in  that  State  under  their  general 
banking  law,  the  bill-holder  could  not  sometimes  find  the  bank,  or  at 
least  it  was  often  difficult  for  him  to  find  a  place  where  he  might  present 
his  note  for  payment.  He  might  sometimes  find  the  bank  in  a  stump, 
and  again  sometimes  in  the  hat  of  some  President  that  might  be  walking 
in  the  northern  swamps.  The  object  was  to  establish  a  bank  in  any  out  of 
the  way  place,  whereon  the  parties  might  stick  up  a  board.  I  am  opposed 
to  that  license  in  banking.  If  it  is  the  wish  of  the  people  to  have  a  bank 
in  any  place,  it  seems  to  me  that  there  will  be  suflRcient  capital  in  the 
county  to  enable  them  to  own  one-half  of  the  stock. 

Mr.  Houston  proposed  to  amend  the  amendment  by  inserting  the 
word  "State"  instead  of  "county." 

Mr.  Prest.  Winchell.  I  am  opposed  to  the  amendment  of  the  gentle- 
man from  Doniphan  (Mr.  Wridey)  for  the  reason  that  so  far  from  wish- 
ing to  decrease  our  commercial  and  business  facilities,  I  desire  to  enlarge 
them;  and  so  far  from  providing  that  no  banks  shall  be  located  outside  of 


90  CoN\'ENTiON  Proceedings  and  Debates. 

the  large  cities  in  the  State,  I  would  make  provision  that  they  should  be 
placed  in  the  most  convenient  parts  of  the  State,  and  that  capitalists 
should  be  invited  to  invest  their  funds  with  us  in  their  own  way. 

Mr.  Greer.  I  am  not  sure  that  it  will  be  for  the  advantage  of  the 
State  to  invite  capitalists  from  abroad.  I  think  the  people  of  Kansas 
will  find  themselves  better  sustained  in  a  financial  point  of  view  if  they 
were  to  become  money-lenders  instead  of  money-borrowers.  I  am  in  favor 
of  confining  these  securities  to  the  bonds  of  Kansas.  I  think  it  is  better 
to  loan  than  to  borrow  money.  Capitalists  who  come  here  to  bank,  come 
for  the  purpose  of  loaning  money  at  a  better  interest  than  they  can  obtain 
elsewhere.  A  money  lender  at  a  low  rate  of  interest,  is  better  off  than 
a  borrower  at  a  high  rate.  Men  go  into  the  banking  business  for  the  sake 
of  making  money.  If  it  were  possible  to  get  along  without  banking  and 
afford  the  facilities  necessary  for  the  proper  wants  of  the  State,  I  would 
be  with  the  gentleman  from  Leavenworth  (Mr.  McDowell).  There  is 
perhaps  no  State  in  the  Union  that  has  adopted  any  general  banking 
system,  however  well  guarded,  but  what  their  bills  have  been  thrown 
upon  the  people,  and  have  become  more  or  less  depreciated.  I  know  that 
was  the  case  in  the  State  of  Indiana.  Shortly  after  the  adoption  of  their 
Constitution  of  1S51,  under  a  general  banking  law  numerous  banking  in- 
stitutions sprung  up  all  over  the  State,  and  as  stated  by  the  gentleman 
from  Doniphan  (Mr.  Wrigley)  a  number  of  their  locations  could  not  be 
found.  I  remember  that  a  gentleman  searching  for  one  of  these  banks  out 
north,  was  directed  to  a  stinn]i,  and  I  believe  he  ultimately  found  some 
[*19]  ^security  for  his  bills  deposited  in  some  man's  hat.  But  it  was 
but  a  short  time  after  the  country  was  flooded  with  these  bills,  when, 
by  some  manoeuvering,  the  bonds  deposited  by  these  bankers  were  sud- 
denly depreciated,  and  some  nine  or  ten  of  them  went  down  in  one  night. 
Then  runners  were  sent  out  to  buy  up  this  depreciated  circulation,  and 
thousands  of  dollars  were  made  both  ways,  both  by  the  purchase  of  the 
bonds  and  the  buying  up  of  the  notes,  of  which  they  were  the  security. 

Mr.  Blunt.  It  seems  to  be  the  motive  of  gentlemen  to  cite  the  history 
of  banking  in  Indiana  as  an  objection  to  a  general  system  of  banking.  If 
that  is  so  it  is  unjust ;  for  all  know  that  the  system  in  Indiana  was  upon  a 
very  different  basis  from  that  which  we  propose.  Under  the  Indiana  bank- 
ing law  the  Auditor  was  authorized  to  take  all  sorts  of  security.  They  did 
not  confine  them  to  State  bonds.  They  took  canal  bonds,  turnpike  and 
railroad  bonds,  and  they  were  all  i)ut  in  at  a  fictitious  value.  Stocks 
worth  ten  per  cent,  were  put  in  at  SO  or  90  or  at  par.  The  consequence  was 
that  many  of  the  Indiana  banks  went  down.  Now  we  propose  securities 
which  every'  one  must  know  are  of  a  staple  character — which  fluctuate 
very  little,  and  even  that  fluctuation  is  provided  against.  I  think  it  very 
unfair  and  unjust  to  spring  the  Indiana  system  as  an  argument  against 
the  system  which  we  propose  to  establish. 

Mr.  Graham.  I  am  in  favor  of  the  amendment  of  the  gentleman  from 
Doniphan.  Without  some  amendment  of  the  kind,  the  operation  will  be 
this:  Capitalists  of  New  York,  Boston  and  Philadelphia  will  get  Kansas 
stocks,  paying  for  them  perhaps  only  ten  per  cent ;  then  come  out  here  and 
make  depo.sits  with  the  Comptroller,  drawing  interest  on  these  stocks; 
then  get  their  jiajier  issue  purporting  to  come  from  a  bank  located  at 
Waubonse,  or  somewhere,  and  go  with  it  into  Wall  street,  or  where  they 
jjlease.  I  agree  with  the  gentleman  that  we  ought  to  confine  the  direction 
of  these  banks  to  the  people  of  Kansas. 

Mr.  Houston  now  withdrew  his  amendment. 


Monday,  July  11.  1859.  91 

Mr.  Hutchinson.  The  argument  was  well  presented,  that  we  ought  to 
give  the  preference  to  Kansas  stocks  over  those  of  other  States.  For 
similar  reasons  I  am  in  favor  of  giving  a  fair  showing  and  all  possible  ad- 
vantages under  ou.r  banking  system  to  the  people  of  this  Territory,  to  the 
exclusion  of  non-residents.  I  propose  to  amend  the  amendment  of  the 
gentleman  from  Doniphan,  by  way  of  sulistitute,  in  the  following  words: 
■'and  resident  house-holders  of  this  State  shall  always  have  preference  over 
the  non-residents  in  taking  the  capital  stock  of  any  bank." 

Mr.  Wrigley.  I  am  opposed  to  the  substitute  and  still  in  favor  of  the 
amendment.  I  had  expected  those  more  familiar  with  the  subject  than  I, 
would  ha\e  taken  the  matter  in  hand.  1  believe  the  amendment  I  have 
offered  covers  the  ground — I  believe  its  operations  will  be  beneficial  for 
the  people.  Banks  are  very  suspicious  institutions,  the  best  way  we  can 
fix  them.  They  are  dangerous  animals,  aj^t  to  do  injury,  and  cannot  be 
too  strictly  and  carefully  guarded.  If  banking  be  encouraged  at  all  it 
should  be  for  the  benefit  of  the  people.  If  any  locality  wants  a  bank, 
surely  there  will  be  enough  capital  in  the  county  to  take  a  majority  of  the 
.stock.  The  presence  of  capital  is  the  best  evidence  that  the  people  desire 
a  bank.  But  to  allow  these  stock-mongers  to  come  among  us,  fix  upon  some 
point  where  there  is  no  bank  and  locate  there,  is  sufficient  evidence  to  my 
mind  that  all  is  not  right.  It  strikes  me  that  it  is  a  good  provision  to  re- 
quire a  majority  of  the  stockholders  to  live  in  the  county.  The  gentleman 
from  Anderson  (Mr.  Blunt)  says  that  the  Indiana  system  had  nothing  in 
common  with  our  system.  [He  reads  the  Constitutional  provision  au- 
thorizing the  Intliana  law].  If  my  recollection  serves  me  the  free  banking 
law  of  Indiana  which  was  enacted  under  this  jjrovision,  provided  that 
dollar  for  dollar  should  be  deposited  in  stocks  with  the  Auditor,  to  secure 
[*20]  the  circula*tion,  which  is  very  similar  to  that  under  consideration. 
They  also  had  that  other  provision,  that  in  case  of  depreciation  the  Auditor 
should  require  still  further  security.  But  these  banks  failed,  and  frequently 
this  trash  was  circulating  when  it  could  not  even  be  found  out  where  their 
banks  were  located. 

Mr.  Stiarwalt.  It  merely  requires  that  a  majority  of  the  stock  shall 
be  owned  in  the  county  where  the  bank  is  located — that  a  majority  of  the 
directors  shall  reside  in  the  county.  So  far  as  my  experience  goes,  this 
would  naturally  be  the  case.  I  have  observed  that  in  all  safe  bank  man- 
agement it  is  arranged  so  that  the  directors  can  meet  once  a  week.  I  am 
in  favor  of  the  original  amendment,  and  I  don't  know  that  I  could  object 
to  the  substitute  of  the  gentleman  from  Douglas  (Mr.  Hutchinson).  I 
think  a  majority  of  the  chrectors  should  reside  near  on  account  of  the 
necessity  for  frequent  meeting.  The  old  law  of  Missouri  required  all  bank 
directors  to  meet  once  a  week. 

Mr.  Blunt.    The  amendment,  ,says  stockholders. 

Mr.  Stiarwalt.    But  stockholders  are  always  directors. 

Mr.  President  Winchell.  I  would  ask  whether  it  would  not  be  very 
easy  for  a  majority  of  the  stockholders  to  live  outside  of  the  county,  and 
a  majority  of  the  directors  to  live  in  it  ? 

Mr.  J.  Blood.  Mr.  President,  I  have  no  objection  to  either  of  the  prop- 
ositions. I  think  there  are  many  good  reasons  why  the  first  proposition 
should  prevail.  There  are  some  States  where  general  banking  laws  exist, 
where  banks  are  located  in  remote  parts,  and  the  stockholders  all  live  in 
the  great  cities — in  many  instances,  perhaps,  they  are  not  even  residents  of 
the  State.    I  know  of  some  cases  of  that  kind.    Their  security  stocks  are 


92  Convention  Proceedings  and  Debates. 

deposited  with  the  Comptroller— they  have  an  office  rented  in  some  remote 
part — arrangements  are  thus  made  to  comply  with,  or  to  evade  the  law — 
and  so  they  put  their  notes  in  circulation.  To  restrict  this  practice  I  thmk 
The  amendment  of  the  gentleman  from  Doniphan  a  very  good  proposition, 
and  I  have  no  objection  to  the  other  as  additional. 

Mr.  McClelland.  I  think  it  very  important  that  a  majority  of  the 
stockholders  should  reside  in  the  county,  and  that  this  may  stand  alone,  I 
shall  vote  against  the  substitute. 

The  substitute  was  rejected. 

Mr.  Hutchinson.  Mr.  President,  I  now  propose  the  same  matter  as 
an  amendment  to  be  added  to  the  clause  proposed  by  the  gentleman  from 
Doniphan. 

Mr.  Wrigley.    I  accept. 

Mr.  Ingalls.    I  propose  "inhabitants"  instead  of  "stockholders." 

The  proposition  was  agreed  to. 

Mr.  Houston  now  again  submitted  his  motion  to  make  it  read  "State" 
instead  of  "County"  in  Mr.  Wrigley's  proposition. 

Mr.  J.  Blood.  Mr.  President,  I  hope  the  motion  will  not  prevail;  for 
the  reason  that  the  large  capitalists  at  Leavenworth,  for  instance,  might 
establish  a  bank  in  Riley  county,  and  centlemen  would  find  that  they 
would  control  it,  not  for  the  benefit  of  the  residents  of  Riley  county.  I 
would  have  no  bank  thrust  upon  the  people  of  any  county  by  non-residents. 

Mr.  BuRRis.  Mr.  Chairman,  from  facts  already  indicated  in  the  debate 
the  gentlemen  offering  these  amendments  are  in  favor  of  promoting  legis- 
lation that  will  be  hostile  to  the  banks.  They  are  also  in  favor,  for 
security,  of  such  State  stock  as  that  of  the  State  of  Kansas  and  of  the 
United  States.  It  seems  to  me,  this  being  the  case,  that  if  we  are  to  have 
banks  in  the  State  of  Kansas  and  their  circulation  is  to  be  secured  in 
such  a  manner,  I  cannot  see  for  the  life  of  me  any  necessity  for  the 
stockholders  or  a  majority  of  them  residing  within  the  limits  of  the  county. 
Such  reasoning  might  be  good  before  the  Legislature  wliich  might  be  pass- 
ing a  special  banking  law.  But  what  difference  does  it  make  to  the  note- 
holder whether  the  stockholders  reside  in  the  county  or  at  Leavenworth? 
The  design  is  to  have  a  circulating  medium — to  have  bank  bills  in  circu- 
lation, and  have  them  well  secured — and  that  end  will  be  attained  just 
as  certainly  and  effectively  by  having  the  word  "State"  as  by  having  the 
[*21]  word  *"County."  It  is  true  that  there  might  be  wealth  enough 
in  any  coimty  in  which  a  bank  is  proposed  to  be  established  to  secure  a 
majority  of  the  stock;  but  then  it  might  not  be  of  that  peculiar  character 
which  could  purchase  a  sufficient  amount  of  the  peculiar  bonds  required 
for  security.  In  that  case,  I  would  say,  let  subscribers  or  stock  come  in 
from  other  parts  of  the  State.  So  we  know  the  bills  are  secure,  that  is 
all  we  want. 

Mr.  Houston.  Mr.  Chairman,  I  am  pretty  near  or  quite  a  hard  money 
man.  I  have  in  my  possession  a  five  dollar  bill  that  I  got  the  other  day 
which  is  worthless.  And  I  think  if  we  establish  a  system  of  banking  and 
do  not  guard  it  well,  that  there  will  be  a  good  many  such  five  dollar  bills 
lost  as  well  as  mine.  I  think  with  the  gentleman  from  Leavenworth  that 
it  is  almost  or  quite  impossible  to  establish  a  system  of  banking  but  what 
will  result  disastrously.  But  still,  sir,  if  you  are  going  to  have  the  thing, 
I  want  some  of  its  advantages.  If  you  are  going  to  have  it,  and  it  is  a  good 
thing,  let  us  have  a  little  of  it  up  with  us.  My  reasons  for  proposing  the 
word  "State"  were  that  the  resources  of  many  of  the  counties  must  be  for 


Monday,  July  11,  1859.  'J3 

some  time  to  come  entirely  too  restricted  to  control  a  bank,  and  the  word 
•'State"  would  include  a  wider  area.  Yet,  at  the  same  time  we  must  be 
able  to  get  hold  of  the  property  of  the  individual  stockholder.  I  hope 
some  gentleman  will  propose  to  make  the  bankers  individually  liable.  I 
want  a  majority  of  them  in  the  State  so  that  we  may  get  at  them. 

Mr.  President  Winchell.  Mr.  Chairman,  I  am  in  no  way  surprised 
that  this  proposition  has  emanated  from  the  quarter  it  has,  and  that  it  is 
sustained  entirely  by  gentlemen  who  hail  from  large  towns  and  the  river 
counties.  For  the  practical  working  of  the  proposition  must  be  to  con- 
fine the  location  of  banks  to  the  seats  of  capital.  Nothing  is  more  apparent 
than  that,  by  a  provision  of  this  sort,  the  rural  districts  cannot  be  accommo- 
dated with  banks  the  security  of  whose  circulation  they  are  acquainted 
with.  I  Hve  myself  in  a  rural  chstrict,  and  am  opposed  to  any  provision 
in  the  Constitution  calculated  to  prevent  the  influx  of  capital  from  abroad. 
The  question  now  is,  whether  these  banking  institutions  shall  be  dis- 
tributed throughout  the  State  or  confined  to  the  centers  of  capital.  As 
the  gentleman  from  Johnson  (Mr.  Burris)  has  remarked,  what  difference 
can  it  make  to  the  people  whether  banking  is  established  by  capitalists  in 
the  immediate  vicinity  or  from  abroad?  It  seems  to  me  that  the  effect 
of  the  amendment  would  be  to  say  in  advance  that  no  man  shall  come  into 
the  country  to  do  business  except  those  who  are  in  it  already.  The  other 
proposition,  which  I  advocate,  invites  them  to  come  in.  You  might  as 
well  legislate  against  gold  coming  in  from  Pike's  Peak.  Provided  the 
system  of  banking  we  propose  is  a  good,  sound  system — supposing  that 
to  be  settled — I  ask  whether  it  is  not  fair  to  the  people  that  these  banking 
institutions  should  be  located  throughout  the  State,  subject  only  to  section 
six,  which  provides  that  they  shall  keep  an  office  at  some  convenient  point 
in  the  State? 

Mr.  J.  Blood.  Mr.  Chairman,  there  are  some  reasons  why  I  think  that 
this  policy  of  allowing  banks  to  be  located  conveniently  is  objectionable. 
It  may  not  work  to  the  advantage  of  the  entire  country  for  these  reasons: 
The  capitalists  in  large  towns  may  keep  office  anywhere  to  comply  with 
the  law.  The  money  is  to  be  circulated  in  the  large  towns  or  whereso- 
ever, so  as  not  readily  to  come  back  to  the  place  where  the  bank  is  lo- 
cated. The  place  is  so  remote  that  it  is  difficult  to  return  the  notes  to 
the  bank  for  redemption. 

Mr.  Wrigley.  The  gentleman  from  Osage  says  to  the  Convention  that 
he  is  not  surprised  that  this  proposition  should  come  from  the  river 
counties  and  should  meet  with  the  support  of  delegates  from  the  river 
counties. 

Mr.  Winchell.  I  said  from  gentlemen  hailing  from  large  centres  of 
trade  and  capital. 

Mr.  Wrigley.  While  I  happen  to  hail  from  a  city  of  fifteen  or  twenty 
thousand  inhabitants,  I  still  belong  to  the  rural  districts,  and  it  was  for 
the  protection  of  the  rural  districts  that  I  offered  the  amendment.  I  do 
not  think  my  proposition  is  to  benefit  the  larger  towns.  I  think,  on  the 
contraiy,  that  it  will  be  for  the  interest  of  the  larger  cities  to  defeat  it. 
Because  if  banking  be  profitable,  and  if  these  bonds  cannot  be  bought  up 
at  a  nominal  price,  it  will  not  be  for  the  interest  of  capital  to  invest  in 
them.  If  so,  wherever  capital  is  concentrated,  there  will  be  the  place  [in 
which  the]  greatest  interest  will  be  felt  in  establishing  these  banks.  If  tliis 
be  true  then  surely  the  larger  towns  and  cities  are  interested  in  opposing 
this  amendment.  I  think  the  best  way  of  banking  in  the  rural  districts  is  to 
confine  the  majority  of  stockholders  to  the  country.     I  think  the  object 


94  CoNVENTiox  Proceedings  and  Debates. 

of  the  Convention  in  establishing  a  banking  prniciple  must  be  for  the 
benefit  of  the  people  and  not  for  the  purpose  of  making  money.  And  if 
it  is  for  the  benefit  of  the  people,  how  are  you  to  ascertain  where  it  is  for 
the  advantage  of  any  people  to  have  a  bank?  Whenever  the  wealth  and 
[^22]  resources  of  any  county  shall  need  a  bank,  the  ^demand  will  be 
immediate,  and  the  wealth  and  resources  of  the  locality  should  direct  and 
say  where  it  shall  be  established.  I  offered  this  amendment  merely  for  the 
purpose  of  preventing  banks  from  being  established  for  the  benefit  of 
capitalists.  The  gentleman  from  Riley  (Mr.  Houston)  proposes  to  sub- 
stitute the  word  ''State"  instead  of  "County."  In  my  judgment  this  would 
defeat  the  object.  He  says  if  banks  be  a  good  thing,  he  wants  a  little 
himself.  In  reply  to  him  I  would  say  that  he  derives  the  greatest  bene- 
fit from  banks  who  has  the  least  to  do  with  them.  But,  Mr.  Chairman, 
as  I  have  said  before,  I  am  not  familiar  with  this  subject.  I  would  like 
to  hear  from  the  grey-headed  men.  I  think  I  can  easily  see  how  the  bonds 
of  the  future  State  may  fluctuate  and  sell  at  a  discount.  Capitalists  will 
buy  them  up  for  the  very  purpose  of  establishing  banks  in  the  different 
parts  of  the  State.  They  can  be  bought  say  at  fifty  cents  on  the  dollar, 
and  they  will  be  deposited  with  the  Auditor  dollar  for  dollar,  and  so  a 
bank  is  located  at  Fort  Riley. 

Mr.  Prest.  Winchell.  The  bill  provides  that  they  shall  be  deposited 
at  their  current  value  at  the  New  York  Stock  Exchange. 

Mr.  Wricley.  I  think  the  gentleman  from  Riley  happily  hit  this 
section  when  he  showed  how  they  would  be  bought  up  and  how  they 
would  be  raised  to  par  value  by  the  offer  of  the  capitalists  themselves,  how 
quoted  at  par,  and  when  so  quoted  deposited  with  the  Auditor  to  con- 
stitute the  basis  or  security  upon  which  their  bills  are  to  be  issued.  It 
may  so  happen,  or  it  may  not  happen,  that  these  bonds  will  be  depreciated 
and  new  security  required.  And  if  new  security  is  required  and  given, 
the  bonds  might  still  be  bought  up  at  their  de]:)reciated  value.  At  any 
rate  such  would  not  be  a  safe  principle.  No  sound  principle  is  illustrated 
here.  But  I  say  if  the  natural  wants  of  a  people  require  a  bank,  let  them 
have  it  and  control  it,  but  do  not  give  encouragement  to  a  system  wluch 
shall  induce  capitalists  from  abroad  to  speculate  upon  the  hard  earnings  of 
the  people.  Therefore,  I  submit  my  amendment.  I  desire  to  see  this 
thing  as  strictly  guarded  as  possible.  The  substitution  of  the  word  "State" 
would  defeat  the  object. 

On  the  motion  of  Mr.  Hutchinson  the  Committee  now  rose  and  the 
Chairman,  under  instructions  reported  progress  to  the  Convention  and 
asked  and  obtained  leave  to  sit  again. 

KANSAS    CLAIMS. 

The  President  laid  before  the  Convention  the  report  of  the  Com- 
rnissioners  for  examination  and  adjustment  of  the  claims  of  citizens  of 
Kansas  on  account  of  property  destroyed  in  the  recent  pohtical  troubles, 
stating  that  it  was  desirable  to  have  action  with  reference  to  the  printing 
thereof. 

Mr.  Si-ouoH  moved  that  it  lie  on  the  table  and  be  printed. 

Mr.  Griffith  moved  that  the  report  be  referred  again  to  the  commis- 
sioners and  that  they  be  requested  to  cause  2000  copies  thereof  to  be 
I)rinted  as  soon  as  possible  for  the  use  of  this  body.    • 

Mr.  Hutchinson  stated  that  there  were  500  claimants  whose  names 
appear  in  these  records,  and  lists  of  claimants,  and  that  2000  copies  of  the 
report  would  be  a  very  small  number. 


Tuesday,  July  12,  1859.  95 

Mr.  Slough  imderstandinc;  that  the  commissioners  were  authorized  to 
jirint,  withdrew  his  motion. 

Mr.  Ghiffith's  motion  was  adopted. 

ADJOURNMENT   OF    THE    SESSION. 

Mr.  Stinson.  Mr.  President,  1  offer  the  following  resolution,  and  move 
its  reference  to  a  special  committee  of  thirteen: 

Resolved,  That  when  this  Con\cntion  adjourn  to-morrow,  it  adjourn 
until  the  13th  day  of  September  next,  and  that  all  resolutions  inconsistent 
herewith  be  rescinded. 

On  the  motion  of  Mr.  Grahajni  it  was  laid  on  the  table. 

On  the  motion  of  Mr.  Thacher,  it  was 

Ordered,  That  the  report  of  the  Committee  on  Corporations  and  Bank- 
ing; be  made  the  special  order  for  to-morrow  morning  at  the  opening  of  the 
Convention. 

The  Convention  then  adjourned  till  to-morrow  morning  at  9  o'clock. 


Tuesd.w,  July  12,  1S59. 
The  Convention  met  at  9  o'clock  a.  m. 

Prayer  by  the  Chaplain. 

The  journal  of  yesterday  was  read  by  the  Secretary,  and  approved. 

committee  on  accounts. 

The  President  announced  the  following  Committee  on  Accounts,  ap- 
jiroved  under  a  resolution  of  the  Convention:  Messrs.  N.  C.  Blood,  Mid- 
dleton,  Hanway,  Palmer  and  McClelland. 

NEBRASKA   DELEGATION. 

Mr.  Greer,  from  the  Committee  on  Credentials  (the  special  order  hav- 
ing been  suspended  for  the  purpose)  re]")orted  the  following: 

["23]  ^Resolved,  That  Messrs.  Nichols,  Reeves,  Furnas,  Hewett,  Keet- 
ing,  Chambers,  Taylor,  Niles,  Croxton,  Cheever,  Bennett,  Dawson  and 
Doan,  whose  credentials  have  been  handed  to  this  Convention  as  delegates 
from  that  part  of  Nebraska,  south  of  the  Platte  river,  be  admitted  to  seats 
on  the  floor  of  this  Convention,  as  honorary  members  of  this  Convention, 
with  the  privilege  of  participating  in  the  discussion  of  the  subject  of  the 
northern  boundary  of  the  State  of  Kansas. 

The  resolution  was  adopted,  and  accordingly  it  was  ordered,  that  the 
Sergeant-at-arras  provide  seats  for  the  members  of  said  delegation. 

Mr.  Greer,  from  the  Committee  on  Rules  (under  the  same  dispensa- 
tion) reported  [an]  amendment  of  the  rules  regulating  the  demand  for  the 
yeas  and  nays. 

The  amendment  was  adopted. 

new    ENGLAND    EMIGRANT    AID    SOCIETY. 

Mr.  Houston  (under  a  further  dispensation  of  the  special  order)  pre- 
sented the  petition  of  the  New  England  Emigrant  Aid  Society,  represent- 
ing that  said  company  caused  to  be  built  in  the  town  of  Lawrence,  K.  T.,  a 
large  stone  building  known  as  the  Free  State  Hotel,  at  an  expense  of 
S20,000;  that,  on  the  20th  of  May,  1856,  said  hotel  was  entirely  destroyed 
by  an  armed  mob;  that  these  memorialists  are  excluded  from  anv  benefit 


96  Convention  Proceedings  and  Debates. 

of  the  act  of  the  Territorial  Legislature,  creating  a  commission  for  the  ex- 
amination and  adjustment  of  claims,  because  they  are  not  citizens  of  the 
Territory;  and  they  desire  that  by  the  action  of  the  Convention  their  claim 
may  be  included. 

On  the  motion  of  Mr.  Houston,  the  memorial  was  referred  to  the  com- 
mittee on  orchnance. 

CORPORATIONS    AND    BANKING. 

On  the  motion  of  Mr.  Slough,  the  Convention  now  proceeded  with  the 
special  order,  and  in  Committee  of  the  Whole  (Mr.  Thacher  in  the  Chair) 
took  up  again  the  consideration  of  the  committee  on  Corporations  and 
Banking,  the  question  being  on  Mr.  Houston's  amendment  to  Mr.  Wrig- 
ley's  amendment,  substituting  "State"  for  "County." 

Mr.  Houston's  amendment,  was  adopted. 

Mr.  Ingalls  proposed  to  amend  Mr.  Hutchinson's  amentlment  by  in- 
serting "inhabitants,"  instead  of  "householders,"  which  was  also  adopted. 

Mr.  Wrigley,  acquiescing  in  the  above  modifications,  proposed  the  fol- 
lowing by  way  of  substitute  for  his  proposition: 

"One  half,  at  least,  of  the  stock  of  any  bank,  shall  be  owned  by  inhabi- 
tants of  the  State,  and  a  majority  of  the  stockholders  of  any  bank  shall  be 
inhabitants  of  the  State  in  which  the  bank  is  located." 

Mr.  Stinson.  Mr.  Chairman,  I  hope  the  substitute  will  not  carry.  It 
seems  to  me  that  this  is  offered  to  break  down  the  system  we  propose  to  in- 
augurate. I  desire  to  have  a  practical  system,  or  none  at  all.  I  will  not 
vote  for  a  system  that  cannot  be  carried  out.  I  cannot  see  the  object  of  the 
amendment,  unless  it  is  that  which  gentleman  avow  in  their  speeches,  and 
that  is,  hostility  to  banks;  and  they  desire  to  hamper  it  so  that  we  cannot 
establish  a  system  of  banking.  I  shall  not  stultify  myself  by  voting  for 
such  obstructions.  I  say  that  if  you  require  a  majority  of  the  stockholders 
to  reside  in  the  county  or  State  we  cannot  have  a  bank.  This  is  also  an  at- 
tempt to  depreciate  our  bonds,  for  it  would  be  taking  them  out  of  the 
market.  We  say  to  eastern  capitalists,  you  shall  not  have  the  bonds  of 
the  State  of  Kansas,  for  this  purpose ;  and  tliis — for  the  purpose  of  getting 
our  bonds  favorably  into  the  market — is  one  of  the  principal  reasons  why 
the  Convention  have  adopted  the  system. 

Mr.  President  Winchell.  Mr.  Chairman,  I  concur  entirely  in  the  re- 
marks of  the  gentleman  from  Leavenworth.  It  has  been  very  evident 
since  this  discussion  commenced,  that  these  amendments  have  originated 
[*24]  with  those  opposed  *to  the  system,  and,  so  far  as  I  know,  not  one 
who  has  acted  with  us  on  this  question  has  supported  them.  These 
gentlemen  have  invariably  evinced  their  hostility  to  the  banking  system. 
Any  gentleman  who  really  desires  a  sound  system,  will  not,  I  think,  vote 
for  these  amendments.  I  know  that  in  all  the  rural  districts  of  the  State 
they  will  be  dependent  upon  capital  from  abroad,  provided  the  resources 
of  the  State  are  to  be  developed  as  they  should  be.  In  my  section  where 
we  have  large  deposits  of  coal,  we  are  looking  to  the  establishment  of 
manufantures  as  well  as  banks,  and  in  this  also  we  shall  be  dependent  upon 
foreign  capital,  and  we  desire  capitalists  from  the  east — the  bankers  in 
Wall  Street — to  come  in  and  increase  our  circulating  medium,  so  as  to  en- 
able us  to  become  independent  in  our  manufactures.  ■  But  it  is  proposed  to 
so  cripple  the  system  as  to  render  it  practically  useless.  If  we  are  opposed 
to  the  system  we  will  vote  for  these  amendments — but  I  would  say  to  the 
friends  of  the  system,  do  not  let  us  deal  it  a  blow  in  the  back. 


Tuesday,  July  12,  1S59.  97 

Air.  Wrigley.  The  gentleman  is  entirely  mistaken.  This  amendment 
was  offered  without  consultation  with  any  member.  I  am  not  hostile  to  a 
sound  banking  system.  "Whether  the  amendment  has  been  supported  b\- 
those  who  are  opposed  to  banks,  is  more  than  I  know.  I  am  desirous  of 
inaugurating  such  a  system  of  banking  that  shall  confer  a  public  blessing, 
shall  jirotect  the  people  in  their  rights,  and  shall  be  so  guarded  as  to  pre- 
vent those  enormous  frauds  so  easily  committed  by  banks. 

The  gentleman  speaks  of  the  rural  districts.  If  there  be  towns  and 
cities  in  the  State  where  capital  is  concentrated,  it  is  for  the  interest  of  such 
localities  to  oppose  this  amendment ;  and  I  can  see  the  propriety  of  the 
opposition  of  the  gentleman  from  Leavenworth  (]\Ir.  Stinson).  If  these 
banks  go  into  operation,  \\hat  will  they  do?  They  will  set  up  banking  at 
points  remote  from  Leavenworth  and  the  larger  towns.  Well,  these  bonds 
which  they  will  deposit  will  become  depreciated.  Their  bills  among  the 
people  will  become  useless.  You,  sir,  or  myself,  might  chance  to  have  in 
pos.session  a  quantity  of  these  bills — suppose  the  sura  of  SoOO — neither  of 
us  would  take  the  trouble  of  going  to  Pike's  Peak  for  the  purpose  of  pre- 
senting them  for  redemption,  or  for  bringmg  any  sort  of  action  against  the 
bank.  The  only  adequate  protection  or  safeguard,  as  I  conceive,  is  to  con- 
fine the  stockholders  to  the  county. 

The  gentleman  from  Osage  tells  us  of  his  resources  of  coal,  and  want  of 
capital  to  develop.  All  I  can  say  is,  let  him  dig  his  coal,  or  let  him  culti- 
vate the  soil.  It  is  from  the  soil  that  the  wealth  of  the  country  is  to  flow. 
Let  capital  be  employed  in  some  laudable  enterprise — not  for  the  i-)urpose 
of  s])eculating  upon  the  peoi)le.  And  a  bank  never  will  1)e  needed  in  any 
locality  v.here  the  county  cannot  purchase  a  majority  of  the  stock.  I  know 
the  amendment  of  the  gentleman  from  Riley  (Mr.  Houston)  which  the 
Convention  has  adopted,  strikino;  out  the  word  "county"'  and  inserting  the 
word  '"State"  has  nearly  defeated  the  object,  but  still  it  will  secure  some 
safeguard. 

Mr.  J.  Blood.  ~Slv.  Chairman,  I  may  have  been  misunderstood  by  the 
gentleman  from  Osage.  I  am  not  here,  sir,  except  to  express  my  individual 
views.  I  am  in  favor  of  this  Convention  establishing  some  good,  safe  sys- 
tem of  banking.  I  am  only  anxious  that  the  bill  holder  shall  be  made  se- 
cure, and  always  able  readily  to  convert  the  currency  of  the  banks  into 
money.  And  for  that  reason,  I  was  in  favor  of  confining  the  stockholders 
and  directors  to  the  county  in  which  the  bank  is  located.  But  the  Con- 
vention decided  against  that.  I  may,  at  the  proper  time,  sul^mit  another 
amendment,  requiring  the  question  of  the  ratification  of  any  law  with 
regard  to  the  establishment  of  a  bank  to  be  submitted  to  the  people. 

Mr.  Crocker.  Mr.  Chairman,  I  disclaim  all  intention  of  putting  [a] 
rider  on  this  bill.  I  do  not  disclaim  being  an  anti-bank  man;  but 
[*25]  ^because  I  believe  the  people  desire  the  establishment  of  banking, 
I  am  in  favor  here  of  a  sound  system.  I  shall  vote  for  such  a  system  as  I 
think  will  best  subserve  the  interests  of  the  people. 

Mr.  Houston.  I  do  not  profess  fully  to  understand  the  banking  busi- 
ness; therefore,  I  do  not  rise  for  the  purpose  of  presenting  my  views  as 
better  than  those  of  other  men.  I  have  said  I  was  opposed  to  the  banking 
system.  Generally  I  am,  but  I  am  not  opposed  to  sound  banking.  But 
when  I  see  a  system  advocated  which  I  think  will  prove  unsound  and 
unsafe,  I  think  I  ought  not  to  be  charged  with  being  an  enemy  to  sound 
l)anking,  simply  because  I  want  to  prevent  its  adoption. 

Sir,  I  was  led  this  morning  to  look  a  little  into  the  history  of  banking 
in  Ensiland,  and  I  find  that  in  a  few  years  almost  all  the  banks  in  Endand 


98  Convention  Proceedings  and  Debates. 

went  down  except  the  Bank  of  England.  From  this  I  apprehend  that  my 
idea  of  a  sound  banking  system  is  hardly  apphcable  to  that  country.  The 
Bank  of  England  sustained  herself  because  she  had  the  patronage  of  the 
government  and  the  influence  of  Parliament  to  support  her.  Men  of 
wealth,  influence  and  power  had  control,  and  the  institution  was  sustained 
by  judicious  management.  When  such  banks,  carefully  and  properly 
guarded,  go  into  operation,  when  they  see  danger  in  the  future,  and  find 
that  they  have  a  large  amount  of  their  paper  in  circulation,  they  prudently 
contract  their  issues,  whilst,  on  the  contrary,  the  wild-cat  concerns  com- 
monly play  up  most  at  such  times  and  make  the  longest  pretensions,  but 
all  prudent  men  know  that  the  time  must  come  when  they  cannot  meet  their 
liabilities.  It  is  a  common  thing  for  men  to  subscribe  5,000  or  6,000  dollars 
of  such  bank  stock,  and  then  borrow  the  money  to  pay  it  in,  and  it  is 
sometimes  the  case  that  the  same  money  has  thus  paid  the  dues  of  several 
individuals,  in  order  to  enable  them  to  economize  in  their  banking  opera- 
tions ;  and  banks  have  borrowed  money  to  pay  their  notes,  till  the  hour  has 
arrived  when  they  can  no  longer  meet  their  issues,  and  then  the  people 
suffer  the  conseciuence.  I  wish  to  guard  the  system  as  far  as  possible,  by 
confining  the  directorship  at  home,  and  I  have  changed  my  mind  only  in 
regard  to  the  word  "State."  I  conceive  that  if  Riley  county  wants  a  bank, 
and  has  not  enough  wealth,  it  would  be  well  to  let  them  come  in  from  other 
comities;  and  now  I  want  to  see  a  provision  that  the  private  property  of 
the  stockholders  shall  be  held  responsible  for  their  debts. 

■Nlr.  Greer.  I  happen  to  know  of  those  who,  in  the  abstract,  are  opposed 
to  banking  of  all  kinds.  Yet  I  am  not  here  for  the  purpose  of  insisting  on 
the  adoption  of  my  particular  views  on  this  question.  I  am  willing  to  sub- 
mit to  the  will  of  the  majority;  yet  I  am  in  favor  of  every  possible  restric- 
tion and  limitation  that  can  be  placed  upon  banking,  which  has  for  its 
object  the  security  of  the  bill-holder  by  the  prevention  of  an  undue  amount 
of  paper  being  thrown  upon  the  country.  I  regard  banking  as  exceedingly 
expensive  to  the  people,  and  I  might  say  a  necessary  evil — if  it  is  necessary 
to  have  banks  at  all.  There  is  no  banking  system  but  what  the  people  are 
bound  to  pay  from  20  to  30  per  cent,  on  the  whole  amount  of  currency  thus 
thrown  into  the  community.  Perhaps  there  is  no  banking  system  that  can 
be  devised  but  will  cost  the  people  for  a  circulating  medium  at  least  25 
per  cent.  Taking  banks  as  a  necessary  evil,  I  deem  it  the  duty  of  this  Con- 
vention to  restrict  the  business  of  banking  in  every  possible  shape  that  it 
can  bear,  so  as  not  to  defeat  it  entirely.  At  present,  in  committee  of  the 
whole,  I  believe  we  have  adopted  the  proposition  to  confine  the  stock 
basis  of  banking  to  the  stocks  of  the  United  States  and  of  the  State  of 
Kansas.  At  the  proper  time,  I  apprehend  this  proposition  may  be  changed 
so  as  to  allow  the  stocks  of  other  States  to  be  used.  And  if  that  be  done,  it 
seems  to  me  that  the  object  of  the  gentleman  from  Osage  (Mr.  Prest. 
Winchell)  will  be  attained.  I  am  in  favor  of  the  amendment  of  the  gentle- 
[*26]  man  from  Doniphan,  and  if  we  cannot  get  up  what  I  conceive  *to 
be  a  safe  and  sound  banking  system,  I  think  it  were  better  to  have  none  at 
all.  This  is  my  view.  An  unsound  and  unsafe  banking  system  is  worse 
than  no  system  at  all.  I  confess  that  I  cannot  see  much  distinction 
between  allowing  the  brokers  in  Wall  street  to  come  here  and  issue  their 
money  and  put  it  in  circulation  in  W\all  street,  and  in  their  issuing  their 
money  and  putting  it  in  circulation  here.  It  amounts  to  about  the  same 
thing  as  far  as  the  people  of  Kansas  can  be  concerned.  For  these  reasons 
I  favor  the  idea  of  restricting  the  stockholders  to  the  limits  of  the  State, 
and  I  admit  that  a  majority  should  reside  in  the  county  where  the  bank 
shall  be  established. 


Tuesday,  July  12,  1859.  99 

Mr.  Parks.  I  think  there  is  a  verbal  alteration  that  ought  to  be  made, 
which  requires  a  modification  of  the  phrase  "in  which  the  bank  is  located." 
This  phrase  occurs  twice. 

Mr.  Hutchinson.  I  am  still  in  favor  of  the  original  proposition.  I  am 
sure,  sir,  that  our  debate  here  will  do  no  harm;  and  I  think  I  can  see  the 
eff"ect  of  the  debate  of  yesterday.  Whether  it  is  the  debate  or  other  con- 
victions that  have  changed  the  minds  of  gentlemen,  I  am  unable  to  say. 
Certainly,  matters  relating  to  the  future  currency  are  of  the  highest  jjn- 
portance.  It  is  one  of  the  attributes  of  sovereignty.  It  has  been  said  to 
know  the  music  of  a  state  or  nation  is  to  know  the  people  of  that  state  or 
nation;  and  I  think  that  it  might  be  as  truly  said  that,  to  know  the  money- 
currency  of  a  people  is  to  know  the  moral  character  of  that  people.  If 
the  currency  is  sound  and  healthy,  it  will  circulate  through  every  fibre  of 
the  body  politic,  and  its  effects  will  be  seen  in  intelligent  and  vigorous  ac- 
tion. But  if  we  carry  out,  at  this  period  of  our  history,  the  opposite  prin- 
ciple, and  give  encouragement  to  the  wild-cat  currency,  it  will  be  seen  and 
felt  in  every  department.  There  is  no  other  principle  but  that  which  makes 
the  basis  of  banking  secure  that  accords  with  sound  commercial  principles. 
The  nearer  we  can  make  the  currency  of  the  nature  of  ordinary  bills  of 
exchange  the  better.  It  is  well  known  that  the  trade  of  the  world,  especially 
the  trade  of  the  West,  is  carried  on  almost  entirely  by  means  of  bills  of 
exchange.  More  than  a  thousand  million  of  dollars,  annually  pass  from 
hand  to  hand  under  that  name.  The  paper  circulation  of  the  world  is  less 
than  one  to  ten  in  comparison.  Although  bills  of  exchange  are  ten  times 
greater  in  amount  than  the  bank  paper  circulation,  who  ever  heard  of  the 
money  fluctuations  of  the  country  referred  to  bills  of  exchange  as  a  cause? 
No,  sir,  it  is  the  paper  currency  that  causes  money  panics,  and  it  causes 
them  for  want  of  a  proper  protection  and  a  proper  security  for  the  note- 
holder. And  the  more  gold  we  have  the  more  paper  we  will  have — that  is 
history.  When  we  have  given  preference  of  stock  to  the  people  of  the 
State  or  the  county,  I  think  we  have  gone  far  enough.  I  am  opposed  to 
these  positive  limitations,  requiring  specifically  one-half  or  three-fourths  of 
the  bank  stock  to  be  owned  in  the  State,  and  I  shall  vote  against  it, 
although  it  may  destroy  the  object  of  the  system.  The  provision  of  the 
substitute  was  not  in  the  original  amendment.  Therefore  I  am  opposed  to 
the  substitute. 

Mr.  Blunt.  Mr.  Chairman,  if  I  understand  the  proposition,  it  is  for 
the  purpose  of  restricting  at  least  one-half  of  the  banking  capital  to  the 
future  State;  and  I  think  the  proposition  is  worthy  of  consideration.  I  do 
not  believe  this  proposition  comes  from  hostility  to  all  banks,  or  from  a  de- 
sire to  cripjile  the  banking  system.  But  the  object  is  to  protect  the  citizens 
of  this  Territory  against  the  abuses  of  banking  privileges.  I  think  it  is  the 
judgment  of  the  committee  to  establish  a  banking  system  for  the  future 
State,  and  certainly  it  is  proper  in  such  a  system  to  introduce  the  best 
guaranties  we  can  to  secure  the  bill-holder.  I  am  not  disposed  to  prevent 
capitalists  from  abroad  from  taking  part  in  our  banking  enterprises,  yet 
I  do  think  that,  by  the  time  our  banking  system  shall  be  developed,  we  will 
have  in  the  proposed  State  a  sufficient  amount  of  capital  to  command  the 
direction  of  the  bank;  or,  in  other  words,  that  there  \v\\\  be  in  the  State 
[*27]  more  than  *one-half  the  necessary  capital  to  take  all  the  stock  that 
will  be  offered  in  the  market;  and  while  I  am  not  willing  to  confine  the 
subscribers  to  quite  so  narrow  limits  as  the  county,  yet  I  am  willing  to 
confine  it  to  the  boundaries  of  the  State — that  at  least  one-half  of  the 
capital  stock  of  our  banks  should  be  owned  in  the  State.  And  while  this 
would  afford  facilities  and  opportunities  for  foreign  bankers  to  come  in  and 


100  CoxvEXTiox  Proceedings  and  Debates. 

invest,  it  would  reserve  to  our  own  people  the  control  of  these  institutions, 
which  I  think  essentially  necessary  for  their  welfare  and  the  public  good. 
Althoug:h  1  do  not  profess  to  have  much  experimental  knowledge  of  bank- 
ing, yet  from  .a  hasty  view,  I  believe  the  proposition  of  the  gentleman,  as 
amended  by  the  committee,  to  be  a  good  one,  and  I  shall  vote  for  it. 

Mr.  Wrigley's  substitute  for  his  amendment  was  rejected. 

Mr.  President  Winchell.  An  argument  has  been  made  here  with 
reference  to  one  point  which  does  not  seem  to  be  covered  by  the  section, 
and  \nth.  reference  to  which  I  shall  submit  an  amendment,  with  some  doubt 
myself,  I  confess,  as  to  its  propriety.  But  after  some  reflection,  I  tliink 
action  should  be  taken  on  it.  I  move  to  amend,  by  adding,  "And  shall, 
at  all  times,  be  required  to  redeem  their  circulation  in  the  city  of  Leaven- 
worth, at  a  discount  not  greater  than  one  per  centum." 

Mr.  Graham  proposed  "Atchison"  instead  of  "Leavenworth." 

Mr.  President  Winchell.  I  insert  Leavenworth  as  being  the  com- 
mercial emporium  of  the  Territory  at  present.  I  would  be  willing  to  leave 
it  to  the  Lesislature  to  say  where  the  redemption  shall  take  place — w^hether 
at  Leavenworth,  or  Atchison,  or  Lawrence. 

The  ChairtiIan.  Would  it  not  conflict  with  other  matter  in  this  report 
(sec.  6)  which  covers  that  point? 

]Mr.  Winchell.  I  propose  to  add  that  they  shall  discount  at  a  rate 
not  greater  than  one  per  cent,  in  the  city  of  Leavenworth.  The  principle 
has  been  adopted  in  \-arious  States,  as  in  the  State  of  New  York,  with 
this  difference,  that  they  are  required  in  that  State  to  redeem  at  a  dis- 
count not  greater  than  one-fourth  of  one  per  cent. 

Mr.  Graham's  amendment  was  rejected. 

Mr.  J.  Blood  proposed  "Lawrence,"  which  was  rejected. 

Mr.  President  Winchell.  The  object  is  to  prevent  the  bill  holders 
from  being  ^•ictimized  by  the  brokers.  AVithout  fhis,  the  people  who 
shall  hold  the  money  will  not  be  able  to  use  it  without  suffering  a  dis- 
count on  it  of  four  or  five  per  cent.  The  single  object  is  to  protect  the 
bill  holder  against  any  such  extortion. 

]Mr.  Hutchinson.  From  my  observation  of  the  working  of  that  system 
it  would  be  deleterious.  The  effect  would  be  to  create  a  species  of  mo- 
nopoly, so  that  Leavenworth  would  carry  her  iron  rule  over  the  whole 
Territory;  and  all  the  banks  located  elsewhere  would  become  tributary 
to  them,  and  it  would  prevent  the  location  of  new  banks.  Now  we  do  not 
ask  any  such  advantage.  We  want  every  bank  to  be  placed  on  an  equal 
footing.  The  proposition  would  work  well  for  Leavenworth,  but  not 
for  the  remainder  of  the  Territory. 

Mr.  McClelland.  I  think  the  gentleman  from  Osage  has  a  good  amend- 
ment, from  the  fact  that  such  a  thing  is  necessary  at  that  commercial 
point.  Persons  going  east  with  money  on  western  banks,  would  not  be 
subject  to  the  heavy  shave  which  otherwise  they  might  be  compelled  to 
suffer. 

Mr.  President  Winchell.  Mr.  Chairman,  I  desire  to  correct  a  mis- 
understanding on  the  part  of  the  gentleman  from  Douglas  (Mr.  Hutchin- 
son). It  is  certainly  not  intended  to  create  monopoly.  It  is  to  limit  the 
per  cent,  of  profit.  It  is  not  obligatory  on  any  bank  to  make  an  agency 
in  Leavenworth.  The  business  might  be  done  by  any  private  banker,  or 
one  in  their  own  employ.  The  one  per  cent,  will  be  sufficient  compensation 
for  the  work.    It  is  too  late  to  urge  that  this  system  is  deleterious  in  its 


Tuesday,  July  12,  ISoO.  101 

[*28]  effects.  It  has  been  proved  salutary  in  other  *States;  and  if  in 
the  State  of  Xew  York  the  discount  is  fixed  at  one-fourth  of  one  per  cent., 
it  seems  to  me  that  one  per  cent,  ought  to  be  enough  in  Kansas.  The 
practical  operation  will  be  this:  the  notes  of  Manhattan  will  always  be 
redeemable  in  the  city  of  Leavenworth  at  one  per  cent.,  and  at  other 
points,  as  Atchison,  Wyandotte,  Lawrence,  &c.,  at  one  and  a  half  or  two 
per  cent. — a  very  little  greater  than  at  Leavenworth — whither  they  will 
be  transmitted  at  a  small  profit  on  the  transaction.  Thus  it  will  equalize 
discounts,  and  bring  all  our  liank  notes  as  near  to  the  condition  of  par 
as  possible. 

Mr.  J.  Blood.  I  am  surprised  that  such  a  proposition  as  this  should 
come  from  one  who  has  manifested  so  much  care  for  the  rural  districts. 
It  is  a  proposition  that  would  make  the  whole  banking  interest  of  the 
Territory  tributary  to  Leavenworth.  It  would  require  every  bank  to  keep 
deposits  at  Leavenworth  for  the  redemption  of  their  money.  It  would 
give  the  banks  at  Leavenworth  at  least  two  per  cent,  advantage  over 
those  of  the  rural  chstricts.  And  I  think  if  the  banks  in  the  country  were 
required  to  discoinit  at  five  per  cent.,  it  would  be  little  enough.  There  are 
some  questions  right  in  themselves,  whilst  the  propriety  of  adopting  them 
may  be  doubtful.  It  is  probable  that  the  experience  of  other  States  has 
shown  that  some  such  necessity  as  that  indicated  in  this  proposition  exists. 
But  it  is  just  as  certain,  in  my  judgment,  that  the  commercial  center  of 
this  Territory  has  not  yet  been  fixed.  That  center  must  be  determined 
by  the  laying  out  of  the  course  of  trade,  by  the  location  of  the  railroads, 
and  hues  of  internal  improvement.  And  wherever  that  commercial  centre 
shall  be,  there  vaW  be  the  place  where  this  currency  should  be  established. 

Mr.  HrxcHiNSOX.  The  gentleman  from  Osage  has  convinced  me  that 
the  position  I  took  was  correct;  that  is,  that  under  his  proposition,  every 
other  bank  in  the  Territory  must  be  compelled  to  pay  tribute  to  Leaven- 
worth. Now,  what  can  be  more  necessary  for  the  Bank  of  Manhattan, 
for  instance,  for  the  purpose  of  enabling  them  to  keep  their  currency  at 
par,  than  for  them  to  keep  in  the  confidence  of  the  banking  institutions  at 
Leavenworth?  Let  them  pay  tribute  enough  and  all  will  be  right.  I 
cannot  characterize  it  better  than  to  caU  it  a  relic  of  the  times  when  per- 
sonal security  was  the  rule,  and  not  stock  security.  We  must  have  a 
better  basis  for  our  system  than  personal  security — better  than  that  to  be 
furnished  by  the  mere  pet  confidence  dependent  on  the  caprice  of  in- 
dividual corporations  at  Leavenworth.  Let  an  interior  corporation  once 
get  the  ill-will  of  Leavenworth,  and  with  the  great  commercial  power  this 
would  place  in  their  hands,  they  would  throw  out  their  circulation  and  put 
it  down  in  a  week.  It  would  be  making  every  other  bank  established  and 
to  be  established  in  the  State  completely  subservient  to  Leavenworth. 

The  amendment  (Pike's  Peak)  was  rejected. 

Mr.  PREsmEXT  Wixchell.  Mr.  Chairman,  I  would  suggest  that  if 
it  is  considered  that  this  is  tying  up  the  hands  of  the  Legislature,  "the 
Capital  of  the  State"  might  be  substituted  for  "Leavenworth." 

Mr.  Bli'xt  proposed  "Wyandotte."     (Xo  second). 

Mr.  Porter  proposed  to  strike  out  "Leavenworth,"  and  insert,  "at 
some  point  to  be  fixed  by  law." 

This  was  agreed  to. 

Mr.  Graham.  If  I  understand  the  amendment  now,  the  notes  are  to  be 
redeemed  at  one  per  cent,  discount.  Sir,  I  come  here  as  the  friend  of 
the  note-holders,  and  to  guard  their  interests.    It  strikes  me  that,  in  prac- 


102  Convention  Proceedings  and  Debates. 

tice,  this  will  not  benefit  the  note-holder.  I  am  not  in  favor  of  making 
banking  institutions  any  more  for  the  advantage  of  the  speculator  than 
for  the  note-holder.  I  move  to  strike  out  "one  per  cent."  and  insert 
"at  par."  i 

[*29]     *This  was  agreed  to. 

Mr.  President  Winchell.  I  move  now,  that  the  amendment  be  re- 
jected, the  object  being  defeated,  which  was  to  prevent  the  bill  holder 
from  being  victimized  by  the  broker. 

Mr.  Ross  made  an  ineffectual  motion  to  reconsider  the  last  vote. 

The  original  amenthnent  (Mr.  Winchell's)  was  then  rejected. 

Mr.  J.  Blood.  x\t  the  proper  time,  I  shall  propose  to  amend  by  way 
of  additional  section,  to  this  effect:  "Sec. .  No  such  general  bank- 
ing law  shall  have  any  force  or  effect  until  the  same  shall  be  submitted  to 
the  electors  of  the  State  at  some  general  election,  and  it  shall  have  been 
approved  by  a  majority  of  the  votes  cast  at  such  election." 

Mr.  Slough  offered  the  following  amendment  to  section  6th:  Strike 
out  "Some  convenient  point  within  the  State,"  and  insert:  "A  place 
within  the  State  to  be  named  on  the  bank  notes  issued  by  such  banks,  and." 

Mr.  Graham.  All  bank  notes,  on  the  face  of  them,  say  where  they 
are  payable — at  their  banking  house. 

Mr.  Slough.  The  point  is  to  render  the  section  clear — so  that  the 
bill-holder  may  know  where  the  bills  are  redeemed. 

Mr.  President  Winchell.  I  would  suggest  to  the  gentleman  whether 
it  would  not  be  better  to  add:    "At  some  convenient  place  in  the  State." 

Mr.  Slough.    I  have  no  objection.    I  accept  that. 

Mr.  Blunt  offered  the  following  amendment: 

"All  banks  shall  be  required  to  keep  their  officers  and  offices  for  the 
issue  and  redemption  of  their  circulation  at  some  point  in  the  county  in 
which  such  bank  may  be  estabhshed." 

It  was  rejected. 

Mr.  BuRRis  offered  the  following: 

"I  move  to  amend  section  6th  by  inserting  the  words  "at  par"  between 
the  word  "circulation"  and  "at"  in  the  2Sth  line." 

It  was  also  rejected. 

Mr.  Crocker  offered  the  following  amendment: 

Add  these  words:  "All  [at]  the  capital  of  the  State  of  Kansas  and  such 
other  points  as  the  Legislature  may  direct. 

Mr.  President  Winchell.  I  see  a  difficulty  in  this.  It  would  in  eftect 
require  the  bank  to  issue  and  redeem  its  notes  at  the  capital — to  keep  a 
bank  at  the  capital,  besides  its  own  banking  house. 

Mr.  Crocker.  It  is  only  an  office  of  redemption;  but  I  withdraw  it.  I 
see  the  discrepancy. 

The  original  section  was  then  agreed  to. 

Mr.  J.  Blood  withdrew  the  additional  section  he  had  read. 

Mr.  Greer  offered  the  following  as  an  additional  section: 

Sec.  7.  No  banking  institution  shall  issue  bills  of  a  less  denomination 
than  five  dollars. 

Mr.  Parks  moved  to  strike  out  "five"  and  insert  "ten." 

The  amendment  was  rejected. 


Tuesday,  July  12,  1859.  103 

Mr.  President  Winchell  moved  to  strike  out  all  after  the  word 
"bills."     (No  second). 

Mr.  Winchell.  I  wish  merely  to  say,  that  there  have  been  several 
things  destroyed  here  by  making  amendments  that  have  destro^^ed  their 
effect,  and  I  thought  I  would  see  how  it  would  work  on  the  other  side.  I 
withdraw  the  amendment. 

Mr.  Hutchinson  moved  to  lay  the  amendment  of  Mr.  Greer,  of  Shaw- 
nee, upon  the  table.  The  motion  was  rejected,  and  the  question  recurring 
on  the  original  section  of  Mr.  Greer,  it  was  adopted. 

Mr.  Winchell  moved  to  add  the  following: 

Sec.  8.  No  bank  organized  under  these  ])rovisions  shall  loan  money  at 
a  higher  rate  of  interest  than  fifteen  per  cent,  per  annum. 

Mr.  Stinson.  I  think  the  gentleman  from  Osage  has  turned  against 
banks.  No  man  will  invest  his  capital  in  this  Territory  when  he  can  get 
thirty  per  cent,  for  it  outside. 

[*30]  Mr.  President  Winchell.  I  have  no  expec*tation,  Mr.  Chair- 
man, that  the  section  will  carry.  I  have  seen  a  disposition  on  the  part  of 
the  people  to  submit  to  these  extortions.  The  rates  of  interest  convince 
me  that  they  will  submit.  But  I  desire  to  take  the  true  position — to  keep 
down  the  rate  of  interest  to  the  standard  of  business  on  borrowed  capital. 
At  the  rates  now  demanded,  no  man  can  do  a  legitimate  business.  The 
effect  is  to  limit  borrowing  money  to  speculators. 

Mr.  J.  Blood.  I  think  that  it  is  a  proper  subject  for  legislation,  and 
should  be  left  to  the  Legislature.  As  I  suppose  it  will  be  provided  that 
any  banking  law  passed  by  the  Legislature  shall  be  submitted  to  the  people, 
I  am  opposed  to  this  being  inserted  in  the  Constitution. 

The  proposed  section  was  rejected. 

Mr.  Wrigley  submitted  the  following: 

"Sec.  9.  No  bank  shall  be  allowed  with  less  than  fifty  thousand  dollars 
capital." 

It  was  rejected. 

Mr.  McDowell  offered  the  following: 

"Sec. .    No  debt  can  be  paid  by  the  issues  of  foreign  banks,  and 

the  Legislature  shall  authorize  the  creditor  in  all  cases  to  recover  by  suit 
any  indebtedness  notwithstanding  he  may  have  received  the  amount  thereof 
from  his  debtor  in  such  foreign  bank  bills." 

Mr.  McDowell.  The  object  is  to  prevent  the  circulation  of  foreign 
bank  notes  in  this  State.  I  am  satisfied  that  this  object  cannot  be  con- 
summated by  any  ordinary  act  of  the  Legislature,  prohibiting  such  cir- 
culation under  a  money  penalty.  I  have  seen  legislation  of  that  sort  in  the 
State  of  Ohio.  It  became  a  dead  letter.  My  experience  is,  that  the  great 
majority  of  note-holders  who  suffer  from  the  rottenness  of  banks,  are  those 
incurred  by  losses  in  notes  of  banks  outside  of  their  own  State.  It  is  to 
prevent  this,  that  I  have  introduced  this  section.  And  it  seems  to  me  it 
strikes  at  the  root  of  the  thing;  because  no  man,  if  he  be  sued  for  indebted- 
ness (which)  he  tries  to  cancel  by  foreign  bank  bills,  will  risk  the  putting 
out  of  such  bills. 

Mr.  J.  Blood  moved  to  insert  after  the  words  "foreign  banks"  the  words 
"of  a  less  denomination  than  five  dollars." 

Mr.  J.  Blood.  That  is  to  place  the  foreign  banks  on  the  same  footing 
with  our  own.     Without  some  provision  that  shall  exclude  the  note^  of 


104  Convention  Proceedings  and  Debates. 

foreign  banks,  I  think  their  notes  of  various  denominations  will  be  sent  in 
upon  us  to  make  up  the  want  of  small  notes,  the  issue  of  our  banks. 

The  amendment  was  adopted:  and  the  question  recurring  on  the  amend- 
ment of  Mr.  McDowell  as  amended,  it  was  also  adopted. 

Mr.  Graham.  I  move  a  reconsideration  of  this  vote.  Certainly  gentle- 
men cannot  intend  to  introduce  a  proposition  to  kill  the  whole  system.  Let 
us  not  authorize  a  system  of  banking,  and  then  put  into  the  Constitution 
a  provision  that  will  utterly  defeat  that  object.  This  new  section  is  en- 
tirely foreign  matter  and  should  be  voted  down. 

The  motion  to  reconsider  was  agreed  to,  and  the  question  recurred  on 
the  adoption  of  the  section. 

Mr.  Stinson  moved  to  insert  the  word  "ten"  instead  of  "five":  but — 

On  the  motion  of  Mr.  Graham,  the  section  and  amendment  were  laid 
on  the  table. 

On  motion  of  Mr.  McClelland  section  7  in  the  report  was  changed  to 
section  8. 

Mr.  McDowell  offered  the  following  to  be  added  to  the  report: 

Sec. .    No  bank  shall  be  allowed  to  loan  or  deal  in  the  notes  of 

any  foreign  bank." 

It  was  rejected. 

Mr.  Blood  moved  that  the  following  section  be  added: 
"Sec.  9.    No  such  general  banking  law  shall  have  any  force  or  effect  until 
the  same  shall  have  been  submitted  to  a  vote  of  the  electors  of  the  State 
at  some  general  election,  and  been  approved  by  a  majority  of  all  the  votes 
cast  at  such  election." 

It  was  adopted. 

On  motion  by  Mr.  Slough  the  committee  then  rose,  and  the  Chairman 
[-31]  reported  the  ^foregoing  amendments,  recommending  their  adop- 
tion by  the  Convention. 

On  motion  by  Mr.  Si>ough  it  was  ordered,  that  the  report  and  amend- 
ments be  now  considered  section  by  section. 

corporations. 

The  first  section  of  the  corporation  chapter  was  adopted. 

The  second  section,  as  amended  in  committee  of  the  whole,  having  been 
read  by  the  Secretary — 

Mr.  Thacher  moved  to  restore  the  words  stricken  from  the  amended 
section  on  the  motion  of  Mr.  President  Winchell,  viz:  "Irrespective  of' any 
benefit  on  account  of  any  improvement  by  such  corporation." 

Mr.  Thacher.  Mr.  President,  it  appears  to  me  that  this  act  of  strik- 
ing out  the  words  mentioned  in  my  motion  was  somewhat  hasty.  We  find 
this  provision  incorporated  in  the  Constitution  of  the  State  of  Ohio.  The 
same  salutary  and  wise  provision  is  found  in  the  Statutes  of  New  York. 
When  the  Erie  Canal  was  constructed  through  that  State,  the  canal  ap- 
l)raiscrs  were  instructed  to  take  into  consideration  the  advantages  of  the 
canal  to  those  whose  lands  it  was  to  pass  through.  The  consequence  was 
that  many  a  man  had  his  farm  well  nigh  ruined,  and  was  compelled  to 
make  the  contribution  to  the  general  welfare  without  compensation.  It 
is  known  that  it  is  almost  impossible  to  find  a  jury  willing  to  assess  honest, 
bona  fide  damages  in  such  cases.  If  it  should  be  proposed  to  build  a  rail- 
road through  any  of  our  beautiful  valleys,  and  send  the  iron  horse  careering 


Tuesday,  July  12,  1859.  105 

through  the  land,  the  whole  community  would  be  alive  with  excitement 
and  demonstrations  of  joy.  The  private  losses  of  the  few  whose  property 
is  taken  for  the  corporate  use,  would  be  carelessly  brushed  from  the  public 
view  by  the  enthusiasm  of  the  many,  who  are  to  reap  rich  benefits  from 
the  improvement.  If  now,  one  of  these  few  men  should  ask  most  any  jury 
of  men  of  like  passions  with  ourselves,  who  are  among  those  receiving  the 
advantages  of  this  improvement  without  any  sacrifice,  they  will,  if  they 
are  to  take  into  consideration  the  benefits  flowing  from  the  proposed  im- 
provement, under  the  excitement  of  the  moment,  render  merely  nominal 
damages;  and  hence  you  tax  the  property  of  one  man  for  the  benefit  of 
those  whose  property  is  not  taken.  You  take  private  property  without 
compensation  for  the  use  of  a  corporation  and  for  the  benefit  of  the 
neighbors  of  the  sufferers.  In  the  State  of  New  York  they  were  compelled 
to  make  the  provision,  that  in  assessing  damages  the  jury  shall  not  con- 
sider the  advantages  of  the  improvement  of  the  individual.  And  the  same 
thing  has  been  done  in  Ohio.  The  improvement,  say  a  railroad,  does  not 
so  much  benefit  the  man  through  whose  property  it  passes,  as  it  does  the 
man  near  by,  through  whose  soil  it  does  not  pass.  The  man  whose  farm  is 
a  mile  frorn  the  railway  is  benefited  incomparably  more  than  he  whose 
fields  are  plowed  up  and  disfigured  by  the  track.  Hence  I  insist  that  the 
Convention  should  not  inflict  this  wrong  upon  the  rights  of  property  in 
the  fundamental  law.  If  one  man's  property  may  be  taken  for  the  benefit 
of  the  community,  as  well  might  the  whole  community  be  taxed  for  the 
benefit  of  the  individual;  since  the  corporation  confers  the  same  benefits 
upon  the  whole  it  does  upon  the  one — compensation;  which  is  a  principle 
that  no  man  will  concede. 

The  amendment  was  agreed  to — the  words  restored;  and  so  the  section 
was  passed. 

Sections  3,  4,  5  and  6,  as  reported  from  the  committee  of  the  whole, 
were  also  adopted. 

BANKING   AND    CURRENCY. 

The  first  section  of  this  chapter,  as  reported  from  the  committee  of  the 
whole,  was  read  by  the  secretary  and  adopted. 

The  second  section  having  been  read — 

Mr.  Graham.  Mr.  President,  I  move  an  amendment,  to  insert  and 
restore  the  words  "several  States"  to  the  place  in  this  section  whence  they 
were  stricken  out.  I  make  this  motion  as  I  profess  to  be  here  for  the  pur- 
[*32]  pose  *of  guarding  the  interests  of  the  note-holder,  in  order  that 
he  may  be  sure,  when  he  gets  a  dollar  bank  note  in  his  pocket  that  he  has 
got  the  equivalent  of  a  gold  dollar.  It  strikes  me,  sir,  that  in  striking  out 
of  the  recommendation  of  the  committee  on  banking  and  inserting  "only 
the  bonds  of  the  State  of  Kansas  and  the  United  States,"  you  have  opened 
a  door  that  will  result  in  the  overflow  of  the  circulation  of  your  money  in 
the  new  State.  If  I  were  representing  my  incUvidual  interests  here,  I 
would  have  no  objection  to  its  being  passed  in  this  shape.  For  I  think  I  see 
the  object,  and  the  pressure  outside  brought  to  bear  for  this  purpose,  and 
its  bearings,  outdoors,  leading  on  to  peculations  and  fraud.  I  have  never 
witnessed  anything  more  evident.  It  is  proposed  to  make  the  stocks  of 
Kansas  and  the  United  States  the  basis  of  banking.  The  stocks  of  the 
State  of  Kansas  cannot  exceed  $100,000.  Cannot  every  one  see  at  once 
how  this  will  be  managed  by  the  bankers?  They  can  go  into  the  market 
and  buy  these  bonds  at  some  forty  or  fifty  cents  on  the  dollar — buy  them 
up  for  "the  purpose  of  banking.  They  get  hold  of  these  half  milUon  of 
bonds  for  about  .$250,000.    Thev  will  put  all  the  stocks  of  the  State  of 


106  Convention  Proceedings  and  Debates. 

Kansas  into  the  hands  of  two  or  three  individuals,  and  they  will  start 
for  Leavenworth,  or  God  knows  where;  for  they  have  these  bonds  for  the 
especial  purpose  of  speculators  (speculation).  Then  others  of  them  go  into 
the  New  York  market — one  goes  to  the  brokers  in  Wall  street,  another  into 
Pearl  street.  Each  of  them  has  a  thousand  dollars,  and  thus  take  care  to 
ring  to  every  man  on  'change:  "I  want  to  purchase  bonds  of  the  State  of 
Kansas."  He  is  answered:  "What  will  you  pay  for  Kansas  bonds?"  And 
the  first  is  instructed  to  say,  "Ninety-eight  cents  on  the  dollar:"  and  so  it 
goes  upon  the  record  that  98  cents  is  the  cash  value  of  Kansas  stocks.  They 
then  come  right  here  and  deposit  their  securities  with  the  auditor,  and 
issue  their  bank  paper — two  dollars  for  one  that  it  has  cost  them.  They 
go  to  work  and  keep  up  the  par  value  of  their  stocks  as  long  as  it  suits 
their  convenience — it  may  be  one,  two,  or  three  years.  They  control  the 
par  value  of  these  stocks  in  the  New  York  market,  because  they  have  the 
whole  in  their  hands.  But  when  they  shall  have  got  a  sufficiency  to 
satisfy  their  craving  appetite  for  gain,  and  shall  have  got  their  bank  notes 
into  the  hands  of  the  people,  it  \\\\\  be  to  their  interest,  perhaps,  to  let 
them  go  down.  They  will  then  rush  $15,000  to  $20,000  of  your  State 
stocks  into  the  market,  where  they  will  find  perhaps,  no  purchasers  for 
more  than  48  or  50  cents  on  the  dollar,  and  in  less  than  48  hours  they 
will  go  down  to  that  figure  in  the  stock  reports.  The  Auditor  or  Comp- 
troller will  then  call  on  these  bankers — as  it  might  be  upon  my  friend, 
Mr.  Kingman,  here — and  say  to  him,  "Sir,  your  bank  circulation  has  gone 
down,  and  you  must  increase  your  deposits."  Mr.  Kingman  will  reply: 
"I  am  sorry  to  tell  you,  Mr.  Auditor,  that  I  have  not  yet  got  the  bonds." 
The  Auditor  will  say  again  to  him:  "Then,  sir,  I  must  withdraw  a  portion 
of  your  circulation,"  and  Mr.  Kingman  will  tell  him  again:  "I  am  very 
sorry  to  say,  that  I  cannot  get  that  circulation  for  you:  it  is  all  out 
among  the  people."  And  then,  sir,  there  will  be  parties  going  round  and 
buying  in  this  circulation  at  50  cents  on  the  dollar.  Only  half  the  circula- 
tion is  redeemed — and  the  other  half  is  lost  to  the  note-holders,  for  the 
benefit  of  speculators.  Now,  sir,  to  obviate  such  a  result,  we  propose  to 
base  your  stock  bank  issues  on  the  mixed  stocks  of  the  United  States  and 
of  the  several  States — as  Kansas,  Missouri,  Ohio,  Pennsylvania,  New  York, 
&c.  We  propose  this,  because  no  one,  two  or  three  individuals  can  buy  up 
all  these  various  State  stocks  and  control  their  value  in  the  market  of  the 
world.  There  is  no  two  or  three  individuals  that  can  get  hold  of  the  20 
millions  of  Missouri  stocks,  nor  the  40  millions  of  Pennsylvania  stocks,  so  as 
to  make  them  available  for  mere  speculating  purposes.  Thus  we  will 
have  a  perfect  security,  that  we  cannot  be  operated  upon  by  designing 
men.  Sir,  we  have  a  high  public  duty  devolved  upon  us  here,  as  repre- 
[*33]  sentatives  of  the  people  in  *this  Convention.  We  come  here  to 
guard  their  interests — to  make  a  Constitution  for  the  people,  and  not  for 
individual  speculators  and  bankers.  It  strikes  me  that  this  duty  is  so 
imperative,  that  every  lover  of  liberty  will  discharge  it  here,  even  though 
it  were  to  result  against  himself  and  his  own  pocket.  I  am  of  the  opinion, 
that  on  comparing  views,  we  shall  be  able  to  get  such  an  instrument 
framed,  as  may  be  justly  regarded,  not  only  by  ourselves  but  by  our 
posterity,  as  the  sheet-anchor  of  our  liberties.  We  are  legislating  for  the 
organization  of  a  government  for  the  new  State  of  Kansas — a  State  wliich 
has  lately  passed  through  a  struggle  for  human  freedom,  which  the  his- 
torian will  place  side  by  side  with  the  events  of  1776;  Why,  then,  should 
we  not  carry  out  those  principles  which  the  true  men  of  Kansas  contended 
for  on  all  our  i)hiins  in  many  well-fought  battles.  Sir,  let  us  look  a^ 
things  as  they  are:  and  when  we  see  our  old  enemy  here,  for  the  purpose 


Tuesday,  July  12,  1859.  107 

of  bringing  our  action  into  disrepute  among  the  people,  let  us  watch  them. 
We  ha\'e  here  pro-slavery  men,  men  who  have  legislated  for  us  for  years 
under  the  Territorial  organization,  and  passed  laws  for  us,  of  which  their 
own  partisan  leaders  have  said,  ihey  were  not  only  a  disgrace  to  the  men 
that  enacted  them;  but  the  history  of  the  world  did  not  present  such  a 
batch  of  laws.  I  say,  we  have  these  men  amongst  us  here;  and  the  Re- 
publicans here  being  responsible  for  the  action  of  tliis  body,  I  hope  they 
will  look  at  these  things  as  statesmen,  see  the  importance  of  the  respon- 
sibihty  we  are  placed  under,  and  act  accordingly. 

Mr.  KixGMAX.  Mr.  Prest.,  this  is  certainly  a  very  important,  and  at 
the  same  time  a  very  delicate  question.  When  we  depart,  at  any  time, 
from  that  standard  of  value,  which  by  common  consent  has  been  selected 
as  the  measure  of  values — gold  and  silver — we  enter  upon  a  sea  rather  of 
experiment  and  speculation  than  of  settled  poHcy.  But  the  science  of  gov- 
ernment wdth  reference  to  banks  of  issue  has  come  to  no  settled  conclu- 
sions. It  would  seem,  that  however  impracticable  they  may  have  been, 
yet  in  their  workings  they  have  been  in  the  main,  satisfactory  to  the  com- 
mercial and  business  world;  and  almost  all  civilized  communities  have 
provided  sources  of  currency  other  than  those  universally  accepted  as  the 
measure  of  values.  Therefore,  when  we  attempt  to  introduce  our  views 
upon  this  matter,  we  should  approach  it  without  pohtical  and  partisan 
feelings,  other  than  those  of  political  philosophers  desirous  of  adopting  as 
between  a  choice  of  evils,  that  system  which  shall  prove  the  least  injuri- 
ous. We  should  guard  against  defects  of  the  banking  system  as  much 
as  possible;  and  I  submit,  whether,  if  personal  and  political  questions  are 
suffered  to  enter  largely  into  our  deliberations,  they  will  not  prevent  us 
from  arriving  at  just  conclusions.  The  gentleman  from  Atchison  (Mr.  Gra- 
ham) says  he  has  witnessed  an  improper  outside  pressure  and  wire-work- 
ing here  in  connection  with  this  question,  and  warns  the  Convention  and 
the  country  to  look  out  for  fraud  and  corruption.  Now,  sir,  I  protest  that 
I  have  not  one  dollar  in  my  pocket,  and  I  submit  to  the  gentleman  him- 
self, and  ask  him  to  declare,  what  he  has  seen  in  my  conduct  to  authorize 
him  to  assume  that  this  amendment  had  its  inception  in  fraud? 

Mr.  Graham.  I  said  it  was  opening  a  door  to  fraud.  I  said  that  with 
reference  to  the  amendment  made  in  committee  of  the  whole — that  it  was 
opening  a  door  to  fraud. 

Mr.  Kingman.  I  am  not  ver>'  sensitive,  Mr.  President.  My  honor 
takes  care  of  itself.  I  understood  the  phraseology  of  the  gentleman  as 
looking  toward  the  representative  of  Brown  county,  and  thought,  per- 
haps, it  was  due  to  that  people  that  an  explanation  should  be  had.  I  did 
not  feel  that  it  was  due  to  myself.  But  there  is  another  class  of  personal 
considerations  which  should  not  be  indulged  in  connection  with  this  subject 
to  which  the  gentleman  referred.  It  seemed  to  be  announced  by  him,  that, 
while  on  one  side  of  the  house  we  were  opening  the  door  to  fraud,  on  the 
other  side — the  gentlemen  on  that  side,  of  course — are  here  as  the  peculiar 
[*34]  friends  and  protectors  of  the  bill  holder.  I  *trust  the  gentleman 
is  not  alone  in  this  feeling,  and  that  he  does  not  Seriously  mean  to  claim 
that  all  who  differ  from  him  are  friends  and  favorers  of  speculators.  For 
my  part,  sir,  I  do  not  know  one  man  of  that  class  in  this  bod}^;  but,  if 
we  want  to  protect  the  note  holder,  two  things  are  necessarv':  the  first  is 
the  security  of  the  bases  of  the  bank,  and  to  that  the  gentleman's  atten- 
tion seems  to  be  entirely  directed.  He  does  not  seem  to  see  at  all  the 
other  thing;  just  as  important  as  this;  and  that  is,  immediate  convertibility. 
It  is  of  no  conseciuence  to  me  to  know  that  I  hold  a  ten  dollar  bill,  which 


lOS  CoxvENTiox  Proceedixgs  and  Debates. 

I  may  have  received  as  my  wages,  that  I  know  it  will  in  six  months  be 
convertible  into  gold  and  silver,  if  my  family  need  it  for  bread  to-morrow. 
I  believe,  sir,  that  nothing  of  this  kind  can  be  secured  by  any  free  banking 
law.  But  because  the  system  I  would  desire  is  impracticable  for  Kansas 
because  we  have  not  the  capital — therefore  I  am  for  the  best  system  to 
secure  a  currency  to  meet  our  growing  wants — that  shall  advance  the  in- 
terests of  our  conmierce  and  agriculture,  and  shall  at  the  same  time  secure 
the  bill  holder  nearly  as  well  as  though  he  held  it  in  the  assurance  of  im- 
mediate convertibility,  and  I  find  that  in  the  amendment  as  reported  by 
the  committee  of  the  whole  to  this  house.  We  have  adopted  as  the  basis  of 
our  banking  the  stocks  of  the  United  States  first.  No  one  can  doubt  that 
they  are  secure  and  immediately  convertible.  The  same  security  will  not 
appertain  to  the  stocks  of  Kansas  and  the  adoption  of  Kansas  bonds  as  a 
Ijasis.  But  then,  it  should  be  remembered  that  Kansas  is  beginning  to  be, 
not  a  mere  dependent  Territory,  but  the  centre  of  a  great  commercial  peo- 
ple. We  want  to  make  a  demand  for  those  bonds,  from  year  to  year,  as 
necessity  shall  require  for  loaning,  by  making  the  sole  basis  of  our  banking 
to  consist  in  State  stocks,  thus  intertwining  the  interests  of  the  bond-holders 
and  the  bill-holders  and  tax-payers.  It  is  such  views  as  this  (and  not  the 
mere  talk  of  being  the  peculiar  friend  of  the  note  holder)  that  I  desire  to 
see  elaborated  here.  Sir,  this  scheme,  if  carried  out,  will  not  prove  im- 
practicable, in  my  judgment.  So  great  will  be  the  demand  for  our  bonds, 
in  connection  with  our  growing  trade,  that  they  will  be  sought  for  at  prices 
above  par.  But  let  us  tread  cautiously  in  this  matter,  and  from  year  to 
year,  from  season  to  season,  we  shall  see  our  bonds  above  par,  our  money 
made  safe  beyond  the  reach  of  the  speculators  and  brokers — beyond  the 
reach  of  the  men  in  Wall  street  and  State  street — safe,  I  hope,  sir,  beyond 
the  contingency  of  depreciation.  All  the  great  interests  of  this  world  are 
not  subject  to  State  street  nor  to  Wall  street,  although  I  acknowledge  their 
power.  The  "bulls  and  bears"  may  do  very  many  things,  and  exert  a  very 
extensive  influence,  but  the  time  will  come  when  the  men  of  Wall  street 
will  be  subordinated  to  the  great  commercial  power  that  shall  grow  up  in 
'The  centre  of  this  great  valley.  Let  us  have  a  system  of  currency  that 
shall  make  our  new  prairie  State  the  most  wealthy  and  independent,  as  it 
is  now  the  most  desirable  region  on  the  globe.  And  this,  Mr.  President, 
can  only  be  done  by  a  well-conceived  and  wisely  sustained  system  of  In- 
ternal Improvements. 

Mr.  Thacher.  Mr.  President,  there  are  two  radical  defects  in  the 
l^roposition  as  it  now  stands  before  the  body.  The  first  is  patent  on  its 
very  face.  It  contemplates  that  the  State  shall  plunge  into  debt  to  an 
amount  sufficient  for  all  the  banking  facilities  we  shall  require;  and  I  do 
hope  and  pray  that  the  State  of  Kansas  may  not  be  §50,000  in  debt  at  any 
time.  Yet  to-day,  had  we  a  banking  system,  a  currency  for  the  people  of 
le.'^s  than  a  quarter  of  a  million  would  not  suffice.  Under  no  circumstances 
would  I  consent  to  encourage  a  system  which  contemplates  the  saddling 
upon  the  new  State  a  debt,  the  ultimate  fragment  of  which  will  have  to  be 
fastened  upon  our  ]iosterity.  My  friend  from  Brown  (Mr.  Kingman) 
with  an  eloquence  peculiar  to  himself,  has  expatiated  on  the  thrift  and 
l)rogress  of  the  new  State,  and  predicated  upon  these  an  idea  upon 
which  we  may  bank.  I  proudly  believe  that  this  State  of  Kansas  will  be 
one  of  the  wealthiest  in  this  Union;  but  I  believe  that  will  come  in  con- 
sequence of  a  wise  and  healthy  and  sustained  development  of  our  in- 
ternal resources.  I  say,  our  prosperity  in  Kansas  is  not  predicated  on  a 
[*35]  *public  debt.  Our  friends  in  the  new  State  of  Minnesota  took 
this  view  of  the  gentleman  from  Brown,  and  what  was  the  consequence? 


Tuesday,  JrLV  12,  1859.  109 

Those  railroatl  bonds  which  were  issiietl  in  defiance  of  law,  proved  a  load 
business;  and  the  bank  notes  predicated  on  these  bonds  are  not  really 
worth  the  paper.  I  say  again,  this  proposition  proceeds  and  bases  itself 
upon  an  assumption  of  the  advantages  of  a  public  debt.  But  my  friend 
says,  we  have  United  States  stocks  also.  I  admit  it.  But  if  a  spirit  of 
economy  should  come  over  the  government  of  the  United  States,  as  I  trust 
it  will,  the  stocks  of  the  United  States  will  at  once  disappear.  But  they  are 
used  because  they  are  considered  safe;  and  they  are  always  worth  from 
S1.06  to  SI. 10  and  vou  would  compel  the  banker  to  pay  SllO  for  every 
SlOO  he  would  get  in  debt! 

I  repeat,  sir,  the  first  defect  of  the  system  is,  that  it  rests  on  a  public 
debt:  and  the  second  defect  ignores  the  true  banking  basis,  which  is  as  well 
established  as  any  law  of  commercial  life,  and  that  is,  the  interest-paying 
stocks  of  the  States.  There  is  not  a  State  in  the  Union  whose  banking 
basis  is  interest-paying  stocks,  but  whose  banks  are  perfectly  good.  There 
is  the  State  of  Illinois — her  banks  are  based  on  interest-paying  stocks;  and 
during  the  revolution  which  swept  over  the  country  two  years  ago,  when 
so  many  banks  were  compelled  to  go  to  protest,  all  the  bills  of  those  banks 
were  worth  a  premium  in  the  streets  of  Chicago,  because  their  State  stocks 
being  thrown  into  the  market  brought  their  value,  and  the  bill-holder  was 
more  than  secure.  So  the  principle  has  been  established,  that  interest- 
payins;  stocks  offer  a  sound  and  legitimate  basis  of  banking.  Hence,  if  we 
are  to  have  banking  at  all,  let  us  avail  ourselves  of  that  safe  principle 
which  has  been  estabhshed  in  the  experience  of  all  the  States,  and  not  take 
the  venture  of  confining  ourselves  to  our  own  stocks.  For  I  believe  the 
latter  principle  to  be  radically  wrong,  and  I  would  remove  all  temptation. 
I  would  never  have  one  single  bond  of  the  State  of  Kansas  issued  for  any 
purpose  whatever. 

We  have  been  cited  to  ^•arious  ruinous  results  of  banking,  but  have  they 
not  grown  out  of  inefficiency  in  the  systems — as  in  the  cases  of  the  general 
free  banking  system  of  Indiana,  and  the  safety-fund  system  of  New  York"? 
There  is  a  safe  and  legitimate  sj'stem  of  banking,  and  an  unsafe  and  ficti- 
tious system.  The  safe  system  is  based  on  interest-paying  stocks;  the 
fictitious  system  is  based  on  personal  security,  or  something  of  the  kind — a 
principle  in  banking  and  currency  which  I  hope  never  to  see  saddled  upon 
the  State  of  Kansas. 

I  like  that  in  the  report  which  provides  for  the  submission  of  the  Bank- 
ing law  to  the  people.  It  is  therefore  u.seless  to  bind  up  the  Legislature 
with  rigid  pro\isions,  since  the  people  are  to  pass  upon  the  wdiole  question. 

Mr.  Graham  demanded  the  ayes  and  nays  on  the  question  of  liis  amend- 
ment, and  the  vote  being  ordered  and  taken,  resulted,  yeas  29,  nays  20  as 
follows : 

Yeas — Messrs.  Burnett,  Brown,  Burris,  J.  Blood,  N.  C.  Blood,  Crocker. 
Button,  Forman,  Graham,  Greer,  Griffith,  Hippie,  Hanway,  Hoffman,  In- 
galls,  Lillie,  Lamb,  Middleton,  May,  Moore,  INIcCulloush,  Porter,  Ritchie. 
Stokes,  Thacher,  Townsend,  Wrigley,  T.  S.  Wright,  Williams. 

Nays — Messrs.  Arthur,  Blunt,  Barton,  Foster,  Hubbard,  Hutchinson. 
Houston,  Kingman,  McDowell,  McCune,  McClelland,  ]\IcCulloudi,  Pres- 
ton, Palmer,  Parks,  Ross,  Signor,  Slough,  Stinson,  Stiarwalt,  Simpson. 

So  the  amendment  was  allowed. 

Mr.  J.  Blood.  I  propose  to  amend  further  by  striking  out  all  except 
the  first  and  two  last  sections,  and  insert  these  words:  "The  Legislature 
shall  have  power  to  pass  a  general  banking  law,  with  such  restrictions  as 
they  may  see  proper  for  the  security  of  the  bill-holder." 


110  Convention  Proceedings  and  Debates. 

The  President  ruled  this  amendment  to  be  out  of  order. 
The  second  section,  as  amended,  was  then  adopted. 
The  third  section  was  read  and  adopted. 
The  fourth  section  having  been  read  by  the  Secretary, 
Mr.  Kingman  moved  to  strike  out  the  words  "of  the  United  States." 
Mr.  Graham.    Mr.  President.  I  am  opposed  to  that.    I  am  no  lawyer, 
but  I  suppose  it  will  be  held  in  any  commercial  court,  and  I  think  it  is 
legal,  that  money  is  the  gold  and  silver  coin  of  this  country,  France,  Eng- 
land, Germany,  ttc,  and  this  is  not  all  legal  currency  of  the  United  States. 
It  strikes  me  that  we  ought  to  confine  these  banks,  and  compel  them  to 
deal  with  the  people  as  you  and  I  are  compelled  to  deal  with  each  other — 
[*36]     give  them  no  power  to  tyrannize  over  a  man  *when  he  goes  to  their 
counter  and  asks  for  nothing  but  his  just  dues. 

Mr.  Kingman's  amendment  was  rejected,  and  so  the  section  was 
adopted. 

Sections  5  and  6  were  adopted  without  a  di\'ision. 

Section  7  coming  up,  Mr.  Slough  demanded  the  yeas  and  nays,  which 
resulted — yeas  36,  nays  13 — as  follows: 

Yeas — Messrs.  Arthur,  Bhmt,  Brown,  Barton,  Burris,  Button,  Forman, 
Graham,  Greer,  Griffith,  Hippie,  Hubbard,  Hanway,  Houston,  Ingalls, 
Kingman,  Lamb,  Middleton,  May,  ]\loore,  McDowell,  McCune,  McCul- 
lough,  Preston,  Palmer,  Parks,  Porter,  Ritchie,  Ross,  Signor,  Slough,  Stin- 
son,  Stiarwalt,  Simpson,  Wrigley,  T.  S.  Wright. 

N.\YS — Messrs.  Burnett,  J.  Blood,  N.  C.  Blood,  Crocker,  Foster,  Hutch- 
inson, Hoffman,  Lillie,  McClelland,  Stokes,  Thacher,  Townsend,  Williams. 

So  the  7th  section  was  adopted. 

The  Convention  took  a  recess  till  3  o'clock  p.  m. 


AFTERNOON  SESSION. 

Tuesday,  July  12. 

Mr.  Stinson  (the  rule  being  suspended  for  the  purpose)  submitted  .i 
resolution  which  was  adopted,  inviting  the  Hon.  Marcus  J.  Parrott  to  a 
seat  within  the  bar  of  the  Convention. 

And  accordingly,  the  Sergeant-at-Arms  was  directed  to  execute  this 
order. 

BANKING. 

The  Convention  resumed  the  consideration  of  this  chapter  of  the  report 
of  the  committee  on  Corporations  and  Banking,  as  amended  in  Conmiittee 
of  the  Whole,  and  the  8th  and  9th  sections  thereof  were  read  through  by 
the  Secretary  and  adopted  without  a  division. 

Mr.  Slough  moved  that  this  r('])ort,  as  amended,  be  referred  to  the 
Committee  on  Arrangement  and  Phraseology,  and  printed. 

Mr.  J.  Blood.  Mr.  President,  I  submit  the  following  amendment  to  the 
report : 

"Strike  out  sections  2,  3,  4,  5,  6,  and  insert  the  following: 

"  'The  Legislature  shall  have  power  to  pass  a  general  banking  law,  with 
such  restrictions  as  they  mav  deem  expedient  and  proper  for  the  security 
of  the  bill  holder.'  " 

I  make  this  motion,  sir,   for  a  special  reason — principally,  because  I 


Tuesday,,  July  12,  1859.  Ill 

Think  we  are  legislating  more  than  is  proper  in  a  Constitution.  Then  the 
provision  proposed  to  be  stricken  out,  I  regard  as  improper  and  injurious. 
If  we  establish  a  system  of  banking,  it  should  be  a  secure  one.  I  object 
also  to  discrimination  against  our  own  banks,  and  in  favor  of  the  banks  of 
other  States,  in  the  provision  excluding  bills  less  than  $5  of  our  own  banks, 
whilst  all  foreign  small  bills  are  allowed  to  circulate.  I  also  object  to  mak- 
ing the  banks  in  the  different  parts  of  the  State  tributary  to  any  place 
where  capital  may  be  concentrated,  requiring  banks  in  remote  parts  of  the 
State  to  submit  to  an  unequal  provision.  And  I  think,  if  the  Legislature 
is  required  to  submit  the  banking  law  to  the  people,  they  will  be  likely  to 
throw  around  it  sufficient  restrictions.  I  am  anxious  to  have  the  sincerity 
of  gentlemen  who  profess  to  be  in  favor  of  a  sound  banking  system  started 
— particularly  those  who  are  anxious  to  protect  the  interests  of  the  in- 
terior counties,  and  I  give  notice  that  when  the  time  comes  to  vote  on  my 
amendment,  I  shall  demand  the  yeas  and  nays. 

The  PREsmEXT.  There  is  a  motion  to  commit  the  report,  and  unless 
the  gentleman  from  Leavenworth  withdraw  until  his  motion  is  disposed 
of,  the  chair  cannot  entertain  the  motion  of  the  gentleman  from  Douglas. 

Mr.  Slough.  If  it  is  the  wish  of  the  Convention  to  open  the  question 
again,  I  will  withdraw.    I  will  do  it  anyhow,  as  a  matter  of  courtesy. 

The  President  then  entertained  Mr.  Blood's  amendment. 

Mr.  Houston.  Mr.  President,  there  is  a  grave  question  for  considera- 
[*37]  tion  at  this  *moment.  After  we  have  gone  through  and  attempted 
TO  guard  this  matter  as  well  as  we  can,  here  comes  a  motion  to  lay  the 
whole  thing  open  again  to  the  previous  results  connected  with  the  pro- 
ceedings of  a  legislative  body.  Ever>-  man  must  know  that  it  must  be  al- 
most to  give  up  the  system,  to  make  it  an  uncertainty.  It  seems  to  me 
that  our  constituents  will  not  be  satisfied  with  such  a  conclusion.  They 
will  say  that  Legislatures  are  sometimes  corrupt — that  they  have  been  so — 
that  partisan  and  selfish  influences  may  work  in  the  Legislature,  and  great 
mischief  result.  It  does  seem  to  me,  however,  that  we  have  got  up  a  party 
for  reform  in  this  territory',  that  men  cannot  work  round  ^\•ithout  trouble. 
But  they  cannot  work  round  us  so  easily  as  might  the  Legislature. 

Mr.  J.  Blood.  There  is  a  provision  now  in  the  report,  for  the  submis- 
sion of  any  banking  act  to  the  people,  which,  I  think,  a  sufficient  guard 
against  hasty  or  corrupt  Legislation. 

Mr.  Houston.  I  would  say,  with  all  defiance  [deference]  to  the  gentle- 
man, that  I  have  learned  that  the  great  mass  of  men  in  the  rural  districts, 
and  even  in  the  towns,  give  to  the  banking  laws  of  the  country  but  little 
consideration.  Let  fifteen  or  twenty  thousand  dollars  be  put  into  the  hands 
of  suitable  agents,  to  be  used  in  the  canvass  when  a  banking  law  is  to  be 
passed  and  submitted,  and  an  influence  will  be  brought  to  bear  that  will 
hurry  through  the  bill,  and  then  let  speakers  go  through  the  rural  dis- 
tricts, and  measures  might  be  ratified  by  the  people,  that  would  prove 
exceedingly  injurious.  The  people  would  vote  without  consideration.  And 
I  say,  whilst  we  are  here  for  the  purpose  of  making  a  Constitution,  let 
us  place  all  the  guards  we  can  around  our  banking  system.  I  am  Democrat 
enough  to  go  in  for  the  submission  of  laws  to  the  people,  but  still  I  want 
all  the  restrictions  we  can  get  around  the  system.  We  have  already  given 
up  much  that  we  wanted  in  the  way  of  restrictions.  We  wanted  the 
bank  notes  restricted  to  ten  dollars,  but  S5  being  the  best  we  could  get,  we 
accepted  that,  and  I  would  rather  allow  them  to  issue  five  cent  bills  than 
to  give  up  the  safe-guards  we  have  now  secured.    We  have  given  up  the 


112  Convention  Proceedings  and  Debates. 

confining  of  a  majority  of  the  stockholders  to  the  county.  We  have  given 
up  the  exclusion  of  the  stocks  of  other  States.  And  now,  it  seems  to  me, 
that  if  bankers  desire  to  do  a  legitimate  business  they  can  do  so  under 
this  management.    I  do  not  want  to  allow  them  to  go  to  the  Legislature. 

The  yeas  and  nays  being  demanded  ordered  and  taken  on  the  adoption 
of  the  amendment,  the  vote  stood — yeas  16,  nays  31 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  J.  Blood,  N.  C.  Blood,  Hutchinson, 
Hoffman,  Kingman,  Lillie,  McCullough,  Preston,  Ritchie,  Ross,  Stinson, 
Simpson,  Thacher,  Townsend — 16. 

Nays — Messrs.  Blunt,  Brown,  Barton,  Burris,  Crocker,  Button,  Foster, 
Forman,  Graham,  Greer,  Griffith,  Hippie,  Hubbard,  Hanway,  Houston, 
Ingalls,  Lamb,  Middleton,  May,  Moore,  McDowell,  McCune,  McClelland, 
Palmer,  Signer,  Slough,  Stiarwalt,  Wrigley,  T.  S.  Wright,  Williams — 31. 

So  the  amendment  was  rejected. 

On  motion  by  Mr.  Slough,  the  report,  as  amended,  was  referred  to  the 
Committee  on  Arrangement  and  Phraseology,  and  ordered  to  be  printed. 

LEGISLATIVE   DEPARTMENT. 

On  motion  by  Mr.  Thacher,  the  general  order  of  reports  from  Standing 
Committees  was  taken  up. 

Mr.  Thacher,  from  the  committee  on  the  Legislative  Department, 
submitted  the  following  report: 

"Section  1.  The  Legislative  power  of  this  State  shall  be  vested  in  a 
Senate  and  Assembly. 

Sec.  2.  The  first  Assembly  under  this  Constitution  shall  consist  of 
seventy-five  members  who  shall  be  chosen  for  one  year.  The  first  Senate 
under  this  Constitution  shall  consist  of  twenty-five  members  who  shall  be 
[-38]  chosen  for  two  years.  After  the  first  election  under  this  Consti*tu- 
tion  the  number  of  Senators  and  members  of  the  Assembly  shall  be  regu- 
lated by  law,  and  in  all  apportionments  there  shall  be  established  single 
Senatorial  and  Assembly  Districts,  such  districts  shall  be  bounded  by 
county,  town  or  ward  lines,  consist  of  contiguous  territory,  and  be  in  as 
compact  form  as  possible.  Until  the  Legislature  makes  a  new  apportion- 
ment and  changes  the  number  of  the  members  of  the  Assembly  and  Sena- 
tors, the  number  and  apportionment  shall  be  according  to  the  provisions 
of  this  section. 

Sec.  3.  The  members  of  the  Legislature  shall  receive  as  compensation 
for  their  services  the  sum  of  three  dollars  for  each  day's  actual  service 
at  any  regular  or  special  session,  and  fifteen  cents  for  each  mile  traveled 
by  the  usual  route  in  going  to  and  returning  from  the  place  of  meeting, 
but  such  compensation  shall  not  in  the  aggregate  exceed  the  sum  of  two 
hundred  and  forty  dollars  for  each  member  as  per  diem,  allowance  for  the 
first  session  held  under  this  Constitution,  nor  more  than  $150,  as  per  diem 
allowance  for  each  session  thereafter,  nor  more  than  $90  as  per  diem  allow- 
ance for  any  special  session. 

Sec.  4.  No  person  shall  be  ehgible  to  the  office  of  member  of  the 
Assembly  or  Senate  who  is  not  at  the  time  of  his  election  a  qualified  voter 
of  and  a  resident  in  the  district  for  which  he  is  elected. 

Sec.  5.  No  person  being  a  member  of  Congress  or  holding  any  office 
under  the  United  States  shall  be  voted  for  or  hold -a  seat  in  the  Legisla- 
ture. If  any  person  after  his  election  as  a  member  of  the  Legislature  be 
elected  to  Congress  or  appointed  or  elected  to  any  office  under  the  United 
States,  his  acceptance  thereof  shall  vacate  his  seat. 


Tuesday,  July  12,  1859.  113 

Sec.  6.  No  person  hereafter  convicted  of  an  embezzlement  or  misuse 
of  the  public  funds  shall  hold  office  in  this  State,  nor  shall  any  person 
holding  public  money  for  disbursement  or  otherwise,  have  a  seat_  in  the 
Legislature  until  he  shall  have  satisfactorily  accounted  for  and  paid  such 
money  into  the  Treasury. 

Sec.  7.  All  officers  of  this  State  before  entering  upon  the  duties  of 
their  respective  offices  shall'  take  and  subscribe  an  oath  or  affirmation  to 
support  the  Constitution  of  the  United  States,  the  Constitution  of  this 
State,  and  faithfully  to  discharge  the  duties  of  their  respective  offices  to 
the  best  of  their  ability. 

Sec.  8.  A  majority  of  each  House  shall  constitute  a  quorum  to  do 
business.  Each  House  shall  determine  the  rules  of  its  own  proceedings, 
except  as  hmited  by  this  Constitution,  and  shall  be  the  judge  of  the  elec- 
tions, returns  and  qualifications  of  its  own  members.  The  Senate  shall 
choose  a  temporary  President  when  the  Lieut.  Governor  shall  not  attend 
as  President  or  shall  act  as  Governor. 

Sec.  9.  All  vacancies  which  may  occur  in  either  House  shall  be  filled 
for  the  unexpired  term  by  election,  as  shall  be  prescribed  by  law. 

Sec.  10.  Each  house  shall  keep  and  publish  a  journal  of  its  proceed- 
ings. The  yeas  and  nays  shall  be  taken  and  entered  immediately  upon 
the  journalupon  the  final  passage  of  every  bill  or  joint  resolution,  and 
may  be  demanded  and  shall  be  entered  upon  the  journal  on  any  question 
at  the  request  of  three  members.  Neither  house,  without  the  consent  of 
the  other,  shall  adjourn  for  more  than  two  days,  Sundays  excepted. 

Sec.  11.  Any  member  of  either  house  shall  have  the  right  to  protest 
against  any  act  or  resolution  thereof,  and  such  protest  and  the  reason 
thereof  [therefor]  shall  without  delay  or  alteration  be  entered  on  the 
journal. 

Sec.  12.  Bills  may  originate  in  either  house,  and  all  bills  passed  by  one 
house  may  be  amended  or  rejected  by  the  other. 

Sec.  13.  A  majority  of  all  members  elected  to  each  house,  voting  in  the 
affirmative,  shall  be  necessary  to  pass  any  bill  or  joint  resolution.  All 
bills  and  joint  resolutions  so  passed  shall  be  signed  by  the  presiding 
officers  of  the  Senate  and  Assembly,  and  be  presented  to  the  Governor, 
[*39]     *within  two  days  after  being  signed,  for  his  approval. 

Sec.  14.  Every  bill  passed  by  the  Senate  and  the  Assembly  shall,  be- 
fore it  becomes  a  law,  be  presented  to  the  Governor;  if  he  approve,  he 
shall  sign  it;  but  if  not,  he  shall  return  it  with  his  objections  to  the  house 
in  which  it  shall  have  originated,  who  shall  enter  the  objections  at  large 
upon  its  journal  and  proceed  to  reconsider  the  bill.  If  after  such  recon- 
sideration two  thirds  of  the  members  elected  shall  agree  to  pass  the  bill 
it  shall  be  sent  with  the  objections  thereto  to  the  other  house,  by  which  it 
shall  likewise  be  reconsidered;  and,  if  approved  by  two  thirds  of  all  the 
members  elected  it  shall  become  a  law.  But  in  all  cases  the  votes  of 
both  houses  shall  be  determined  by  yeas  and  nays,  and  entered  upon  the 
journal  of  each  house  respectively.  If  any  bill  shall  not  be  returned 
within  three  days,  Sunday  excepted,  after  it  shall  have  been  presented 
to  the  Governor,  the  same  shall  be  a  law  in  like  manner  as  if  he  had  signed 
it,  unless  the  Legislature  by  its  adjournment  prevent  its  return,  in  which 
case  it  shall  not  be  a  law. 

Sec.  15.  Every  bill  shall  be  read  on  three  successive  days  in  each  house, 
unless  in  case  of  emergency.  Two  thirds  of  the  house  where  such  bill  is 
pending  may,  if  deemed  expedient,  suspend  the  rules,  but  the  reading  of 
a  bill  by  sections  on  its  final  passage  shall  in  no  case  be  dispensed  with. 

Sec.  16.     No  bill  shall  contain  more  than  one  subject,  which  shall  be 

8 — 778 


114  Convention  Proceedings  and  Debates. 

clearly  expressed  in  its  title,  and  no  law  shall  be  revived  or  amended, 
unless  the  new  act  contain  the  entire  act  revived,  or  the  section  or  sections 
amended,  and  the  sections  so  amended  shall  be  repealed. 

Sec.  17.  In  all  cases  where  a  general  law  can  be  made  applicable,  no 
special  law  shall  be  enacted. 

Sec.  18.  The  Legislature  shall  never  authorize  any  lottery,  nor  grant 
any  divorce,  nor  confer  banking  privileges  upon  any  corporation,  except 
as  is  provided  in  tliis  Constitution,  nor  pass  any  law,  directly  or  indirectly, 
authorizing  the  suspension  of  specie  payment,  by  anj^  power,  corporation 
or  association  issuing  bank  notes  of  any  description. 

Sec.  19.  The  Legislature  shall  have  the  power  to  prescribe  the  time 
when  its  acts  shall  be  in  force  and  to  publish  the  same.  It  shall  have  the 
power  to  provide  for  election  or  appointment  of  all  officers,  and  the  filling 
of  all  vacancies,  not  otherwise  provided  by  this  Constitution. 

Sec.  20.  The  enacting  clause  of  all  bills  shall  be  "The  people  of  the 
State  of  Kansas  represented  in  Senate  and  Assembly,  do  enact  as  follows," 
and  no  law  shall  be  enacted  except  by  bill. 

Sec.  21.  The  Legislature  may  confer  upon  tribunals  transacting  the 
county  business  of  the  several  counties,  such  powers  of  local  legislation  and 
administration  as  it  shall  deem  expedient. 

Sec.  22.  For  any  speech  or  debate  in  either  house  the  members  shall 
not  be  questioned  elsewhere.  No  member  of  the  Legislature  shall  be  sub- 
ject to  arrest,  except  for  a  felony  or  breach  of  1he  peace,  in  going  to  or 
returning  from  the  place  of  meeting,  or  during  the  continuance  of  the 
session,  neither  shall  he  be  subject  to  the  service  of  any  civil  process  during 
the  session,  nor  for  fifteen  days  previous  to  its  commencement. 

Sec.  23.  The  first  Legislature  under  this  Constitution  shall  provide 
by  law  that  all  stationery  required  for  the  use  of  the  State  and  all  printing 
required  by  it  to  be  done  for  its  use  or  the  use  of  the  State,  shall  be  let 
by  contract  to  the  lowest  bidder  with  good  security;  but  the  Legislature 
may  establish  the  maximum  price.  No  member  of  the  Legislature  or 
State  officer  shall  be  interested,  directly  or  indirectly,  in  any  such  contract. 

Sec.  24.  All  bills  for  the  raising  of  revenue  shall  originate  in  the 
Assembly,  subject  to  amendment  and  rejection  by  the  Senate  as  in  other 
cases. 

Sec.  25.  All  sessions  of  the  Legislature  shall  be  held  at  the  State 
[*40]  Capitol  and  all  regular  ses*sions  shall  commence  on  the  first  Tues- 
day of  January,  of  each  year. 

Sec.  26.  The  Legislature  shall  provide  for  taking  an  enumeration  of 
the  inhabitants  of  this  State  at  least  once  in  fi\'e  years. — The  first  enumera- 
tion shall  be  taken  in  a.  d.  1S61. 

Sec.  27.  The  Legislature  shall  have  the  sole  power  of  impeachment. 
All  impeachments  shall  be  tried  by  the  Senate,  and  when  sitting  for  that 
purpose,  the  Senators  shall  take  an  oath  to  do  justice  according  to  the 
law  and  the  evidence.  No  person  shall  be  convicted  without  the  concur- 
rence of  two  thirds  of  all  the  Senators  elected. 

Sec.  28.  The  Governor  and  all  other  ofiicers  of  this  State  shall  be 
subject  to  imjieachment  for  any  misdemeanor  in  office,  but  judgment 
in  such  cases  shall  not  be  extended  further  than  to  removal  from  office  and 
disqualification  to  hold  any  office  of  profit  or  honor  or  trust  under  this 
State,  and  the  party  whether  acquitted  or  convicted  shall  be  liable  to 
indictment,  trial,  judgment  and  punishment  accordino;  to  law." 

On  motion  by  Mr.  Slough,  the  reading  was  dispensed  with,  and  it  was 
ordered  to  be  referred  to  the  committee  of  the  whole.    And  on  his  further 


Tuesday,  July  12,  1859.  115 

motion,  the  convention  resolved  itself  into  committee  of  the  whole — Mr. 
Stiarwalt  in  the  chair — and  took  up  the  consideration  of  this  report. 

On  the  motion  of  Mr.  Kingman,  it  was  agreed  to  consider  the  report 
by  sections. 

Section  1  having  been  read  by  the  Secretary — 

Mr.  LiLLiE  moved  to  strike  out  the  word  "Assembly,"  and  insert 
"House  of  Representatives"  in  its  place:    which  was  agreed  to. 

Section  2  having  been  read  by  the  Secretary — 

Mr.  Blunt  moved,  that  wherever  the  word  "Assembly"  occurs  in  the 
report,  it  be  su])plied  by  "House  of  Representatives." 

Mr.  Thacher.  Probably  a  majority  of  the  Committee  and  the  Con- 
vention are  accustomed  to  the  use  of  "House  of  Representatives,"  yet  I 
am  confident  that  "Assembly"  is  a  shorter  and  better  term  and  there- 
fore the  committee  employed  it.  I  have  no  serious  objection  to  the  other 
wording;  but  in  making  the  change  gentlemen  will  find  themselves  fre- 
quently running  into  the  same  difficulty  which  the  gentleman  from  Ander- 
son begins  to  see. 

Mr.  Blunt's  amendment  was  agreed  to. 

Mr.  Slough.  Mr.  Chairman,  I  move  to  strike  out  the  word  "seventy- 
five"  in  the  first  line,  and  insert  the  word  "fifty"  for  the  number  of  m.em- 
bers  of  the  House  of  Representatives. 

Mr.  Thacher.  Mr.  Chairman,  that  is  a  direct  blow  at  the  smaller 
counties.  The  object  in  making  the  House  of  Representatives  so  large 
is,  to  get  a  fair  representation  for  every  county  in  the  State.  The  com- 
mittee desired  to  give  every  county  at  least  one  representative. 

Mr.  Slough.  Mr.  Chairman,  I  am  informed  that  the  committee  on 
apportionment  have  not  yet  had  a  meeting.  My  reason  for  making  the 
motion  is  this:  one  of  the  heaviest  expenses  of  a  State  government  is  the 
legislature;  and  if  you  make  that  body  numerous,  it  will  be  a  heavy 
expense.  Fifty  members  of  the  House  of  Representatives  for  Kansas 
will  answer  every  purpose  for  years  to  come.  This,  together  with  the 
number  who  ought  to  constitute  the  Senate,  would  make  75  members. 
As  far  as  the  representation  of  each  county  by  its  own  representative  is 
concerned,  it  would  be  desirable  if  it  did  not  involve  expense.  But  it 
seems  to  me  that  there  would  be  less  difficulty  in  one  man  representing  a 
plurality  of  counties,  than  in  cutting  the  larger  counties  up  into  separate 
representative  districts  and  making  antagonistic  interests  in  the  same 
county.  We  should  come  as  nearly  as  possible  to  the  object  for  which 
[*41]  we  are  called  here — to  make  a  simple,  economical  system  *of  gov- 
ernment for  the  people  of  a  new  State,  until  a  new  Constitution  may  be 
formed  to  suit  their  maturer  wants. 

Mr.  Griffith.  Mr.  Chairman,  why  not  reduce  the  number  to  twenty- 
five?  I  presume  that  number  would  he  as  efficient  as  fifty  for  mere  legis- 
lative action.  Those  who  favor  seventy-five,  do  so  because  they  think 
the  interests  of  the  State  may  be  more  efficiently  represented  by  a  larger 
number.  I  think,  sir,  that  one  of  the  first  things  to  be  secured  is  a  full 
representation  of  the  people  of  the  different  parts  of  the  Territory.  I 
would  rather  go  above  75,  than  bring  the  nimiber  below  that.  Any 
diminution  of  that  number  would  be  calculated  to  throw  the  strength  of 
legislation  into  the  hands  of  the  larger  counties.  I  know  from  conversa- 
tion with  several  members  of  the  committee,  that  it  was  desired  and 
intended  that  every  organized  county  should  have  one  representative  in 
the  first  legislature.     If  we  reduce  this  number  everv  organized  countv 


116  Convention  Proceedings  and  Debates. 

cannot  have  a  representative,  and  there  cannot  be  a  thorough  representa- 
tion of  all  the  counties.  Every  man  has  pecuhar  interests  in  the  county  in 
which  he  lives,  and  every  man  representing  two  or  three  counties  will 
inevitably  look  more  after  the  interests  of  the  county  in  which  he  resides. 
I  believe  the  interests  of  the  State  will  be  better  subserved  by  allowing 
the  mmil^er  to  stand,  for  it  is  of  the  utmost  importance  that  every  district 
should  be  fully  represented. 

Mr.  Blunt.  Mr.  Chairman,  I  am  opposed  to  diminishing  the  number 
reported.  It  should  be  remembered  that  we  are  about  to  include  within 
our  borders  a  territory  larger  than  that  of  the  State  of  Ohio,  or  of  Iowa, 
or  of  New  York.  And  we  should  have  in  view  the  prospective  wants  of  the 
people  of  the  State  in  determining  this  matter  of  the  number  of  repre- 
sentatives. If  we  reduce  the  number  to  fifty,  and  take  as  a  basis  of 
representation  any  data  that  may  be  in  possession  of  the  Convention,  it 
will  be  impossible  to  do  justice  to  some  of  the  remote  counties.  There 
are  counties  in  the  Southern  and  Northwestern  portions  of  the  Territory, 
where  they  have  not  at  any  election  yet  held,  polled  a  vote,  which,  if 
taken  as  a  basis  of  apportionment  or  representation,  would  entitle  them 
to  that  representation  which  in  justice  should  be  accorded.  I  know  in 
the  Southern  portion  of  the  Territory  a  number  of  counties  in  which  the 
people  are  daily  increasing — perhaps  ten-fold  more  rapidly  than  in  the 
older  settled  counties.  There  [these],  of  course,  all  have  their  local  interests 
to  look  after.  Perhaps,  in  the  first  legislature,  questions  of  county  bound- 
aries and  county  seats  will  be  brought  up;  and  it  is  eminently  proper  that 
each  of  these  counties,  should  have  a  member  on  the  floor  to  look  after  their 
[its]  interests.  And  therefore  I  think  it  is  important  that  we  should  fix  the 
number  as  reported  by  the  committee,  in  order  that  we  may  give  to  each 
of  these  organized  counties — notwithstanding  they  [it]  may  not  be  entitled 
to  it  upon  any  vote  that  has  been  cast  by  them  [it]  heretofore,  yet  in  view 
of  the  more  rapid  settlement  going  on  in  these  counties,  and  in  considera- 
tion of  the  population  these  counties  will  contain  by  the  time  this 
Constitution  shall  go  into  effect — at  least  one  representative  to  look  after 
their  [its]  local  interests.  And  although  it  may  seem  to  be  throwing  con- 
siderable expense  upon  the  people,  j'et  I  think  it  will  be  a  matter  of  suffi- 
cient importance — especially  to  those  who  will  be  most  affected  by  our  ac- 
tion— to  justify  any  additional  expense  that  might  be  incurred  even  by 
increasing  the 'number  reported.  I  would  rather  increase  the  number  to 
90.  thnn  diminish  it  to  50,  and  I  believe  the  interests  of  the  State  would  be 
better  subserved. 

Mr.  Barton.  Mr.  Chairman,  I  move  to  amend  the  amendment,  by 
inserting  "sixty,"  instead  of  "fifty." 

Mr.  Preston.  Unless  we  have  nearly  the  number  brought  forward  in 
the  report,  we  cannot  follow  out  the  system  of  a  full  representation. 
Where  two  or  three  counties  are  rei)resented  by  one  man  in  the  Legislature, 
it  must  be  admitted  that  the  interests  of  those  counties  cannot  be  equally 
[*42|  represented.  That  this  *might  be  illustrated  in  this  body,  I  have 
no  doubt.  Gentlemen  sometimes  might  go  to  the  Legislature  representing 
counties  they  have  never  visited.  I  am  decidedly  opposed  to  any  reduction 
of  the  number  in  the  report. 

Mr.  Hutchinson.  I  simply  want  to  direct  attention  to  the  fact,  that 
we  have  at  present  organized  some  forty  counties;  and,  with  our  probable 
boundaries,  we  shall  have  half  as  many  more  in  a  few  years.  And  it  is 
contemplated  by  the  committee  that  each  coimty  shall  have  one  repre- 
sentative.    The  House  of  Representatives,  being  the  popular  branch,  is 


Tuesday,  July  12,  1859.  117 

a  body  coming  every  year  directly  from  the  people.  And  in  order  that 
every  constituent  may  be  represented — every  man  may  have  an  equal 
representation  in  the  General  Assembly — I  suppose  it  is  quite  important, 
and  even  indispensable,  that  at  least  the  number  mentioned  in  the  report 
should  be  retained.  And  if  there  should  be  any  curtailment  of  expense  m 
this  regard,  I  think  the  place  to  apply  the  rule  would  be  the  other  House, 
instead'^of  the  popular  branch.  I  would  sooner  see  the  Senate  go  down  to 
fifteen  or  nine,  than  that  the  popular  branch  should  be  reduced  to  fifty. 
We  ought  to  be  cautious  how  we  deprive  any  people  of  their  rights  in 
this  respect.  The  right  of  representation  must  be  preserved.  We  ought 
to  look  forward  to  the  day  when  the  State  shall  stretch  out  its  arms  and 
become  populous  with  men  of  enterprise  and  wealth.  We  should  not 
allow  ourselves  to  judge  by  the  indexes  of  Kansas  to-day.  We  are  a 
body  of  52  members,  and  is  there  any  portion  of  Kansas  whose  repre- 
sentation is  too  small  here?  Look  forward  through  a  period  of  ten  years, 
when  our  population  and  their  wants  will  be  quadrupled,  and  it  seems 
to  me  it  would  appear  preposterous  to  think  of  confining  the  House  of 
Representatives  to  50  members.  The  cutting  down  should  come  in  at 
the  other  House  if  anywhere. 

Mr.  Ross.  If  those  districts  which  have  been  hitherto  disfranchised 
should  happen  to  get  a  little  more  than  their  share,  it  would  not  be  amiss, 
perhaps. 

Mr.  Parks.  On  examining  the  Constitutions  of  various  States,  I  have 
observed  that  the  number  of  Representatives  and  Senators  at  the  com- 
mencement of  the  State  government,  have  been  about  the  same.  For 
example,  Indiana,  10  Senators,  25  Representatives;  Missouri,  15  Senators, 
30  Representatives;  Ohio,  15  Senators,  30  Representatives.  I  think  the 
larger  the  number  the  more  satisfactory  we  shall  be  able  to  make  the 
apportionment. 

Mr.  FoRMAN.  Was  this  matter  ever  canvassed  in  the  Committee  on 
Apportionment  ? 

Mr.  Thacher.    It  was. 

Mr.  McDowell.  Mr.  Chairman,  I  second  the  motion  to  reduce  the 
number  to  50,  and  I  do  not  know  but  50  would  be  too  large.  It  eeems 
to  me  that  the  basis  should  be  the  people  of  the  Territory;  and,  as  Col. 
Slough  has  well  observed,  one  great  object  we  should  have  in  view,  should 
be  the  organization  of  a  simple  and  economical  form  of  governrnent.  The 
gentleman,  my  colleague  who  has  just  addressed  the  committee  (Mr. 
Parks)  has  shown  that  the  numl^er  of  representatives  in  many  of  the  new 
States  that  have  been  admitted  into  the  Union,  was  much  less  than  the 
number  (fifty)  which  we  propose.  Our  Territorial  population,  at  this 
time,  I  sujipose  to  be  somewhere  in  the  neighborhood  of  75,000 — it  may 
reach  100,000  people  of  tliis  Territory;  and  we  ought  to  establish  a  rule 
which  shall  serve  as  a  joint  basis  of  representation  for  this  people.  It  is 
not  material  that  every  particular  county  should  be  represented,  if  it 
have  not  a  population  entitling  it  to  a  representation.  It  is  no  new  thing 
in  the  history  of  matters  of  this  kind,  to  apportion  so  that  three  or 
four  counties  may  have  but  a  single  representative — such  counties  of 
similar  character  and  resources,  where  the  population  is  sparce,  one  man 
can  represent  the  whole  about  as  well  as  though  a  representative  were 
taken  for  each  county.  Then  if  we  can  agree  on  the  basis  of  population, 
we  can  easily  fix  the  number.  It  has  been  said  that  the  committee  on 
apportionment  have  had  certain  meetings,  and  agreed  to  a  certain  propo- 
[*43]     sition,  and  that  this  *proposition  has  induced  the  legislative  com- 


118  Convention  Proceedings  and  Debates. 

mittee  to  make  the  report  they  have.  I  am  a  member  of  the  committee 
on  apportionment.  That  committee  did  meet  yesterday,  and  adjourned 
till  to-morrow.  If  that  committee  have  done  anything  of  this  kind,  it  was 
not  done  yesterday,  nor  at  any  regular  meeting.  But  that  is  immaterial. 
The  Convention  "will  regulate  all;  and  I  do  hope  gentlemen  will  not 
saddle  upon  the  State  an  unnecessary  expense.  Gentlemen  talk  of  liber- 
ality. Why  not  allow  every  legal  voter  to  be,  ex  officio,  a  member  of  the 
lower  house?  The  great  State  of  Ohio,  10  years  ago — she  then  had  a 
population  of  over  a  million — did  not  have  a  larger  number  of  represent- 
atives than  this  committee  on  the  legislative  department  propose  for  a 
State  of  70,000  inhabitants.  Gentlemen  will  find,  if  we  adopt  a  large 
number,  that  future  legislatures  are  not  going  to  cut  it  down.  Too  many 
men  want  to  go  to  the  Legislature,  and  instead  of  diminishing  they  will 
increase  the  number.  Then  I  think  the  number  ought  to  be  reduced,  with 
I^ower  to  increase  as  population  may  demand. 

Mr.  President  Winchell.  Mr.  Chairman,  I  have  the  honor  on  this 
floor  to  represent,  in  part,  a  constituency  composed  of  four  counties;  and 
the  only  thing  in  the  shape  of  instructions  from  them  which  I  have  heard 
of,  is  to  the  effect,  that  it  is  the  desire  of  all  to  be  separated  in  legislative 
matters,  so  that  each  county  may  have  its  own  representation.  Obeying, 
then,  the  wishes  of  my  constituents,  I  shall  be  constrained  to  vote  against 
any  diminution  of  the  number  reported. 

Mr.  Burnett.  Mr.  Chairman,  I  have  the  honor  to  represent  three 
counties;  and  I  believe  the  people  of  those  counties  demand  of  us,  that 
in  the  future  House  of  Representatives  of  Kansas  there  shall  be  such  an 
apportionment  as  shall  give  to  each  county  a  separate  and  distinct  repre- 
sentation. Gentlemen  talk  of  economy  in  this  apportionment.  Is  it  not 
better  that  the  people  be  fully  represented,  than  that  the  legislation 
should  be  done  by  a  few  men,  as  has  been  the  case  heretofore  in  Kansas? 
I  propose  that  we  now  inaugurate  a  new  state  of  things,  and  that  for  the 
future  in  our  legislation,  we  shall  have  a  full  representation  of  the  people. 
Gentlemen  speak  of  75  as  a  large  number.  Why,  sir,  in  the  House  of 
Representatives  of  the  State  of  Maine,  there  are  three  or  four  hundred 
members;  in  New  Hampshire  two  or  three  hundred;  in  Massachusetts, 
five  or  six  hundred ;  and  shall  we  not  in  Kansas  be  represented  by  seventy- 
five?  I  contend  that  every  county  has  a  right  to  a  separate  representation 
on  the  floor  of  the  House  of  Representatives,  and  we  cannot  extend  that 
right  to  all  the  counties  with  a  less  number  than  seventy-five. 

Mr.  Stinson.    Will  seventy-five  give  each  county  one? 

Mr.  President  Winchell.  1  do  not  know,  Mr.  Chairman.  I  have 
paid  no  attention  to  the  statistics.  I  simply  act  according  to  the  known 
view  of  my  constituents.  This  is  the  only  thing  in  the  shape  of  instructions 
that  I  have  heard  from  them.  I  am  therefore  constrained  to  vote  against 
any  reduction  which  will  diminish  the  chances  for  a  separate  represen- 
tation. 

Mr.  Barton's  amendment,  ])roi)osing  '''60,"  was  rejected;  and  the  ques- 
tion recurring  on  Mr.  Slough's  [amendment],  proposing  "50,"  it  was  also 
rejected. 

Mr.  BuRRis.  Mr.  Chairman,  I  propose  to  strike  out  "one  year"  and 
insert  "two  years"  in  the  clause  referring  to  the  term  for  which  members 
of  the  Legislature  shall  be  elected.  I  do  this  with  the  view  of  taking  a 
position  in  favor  of  Vnennial  sessions  of  the  Legislature. 

Mr.  Blunt.  Air.  Chairman,  I  am  surprised  at  the  economy  manifested 
by  gentlemen.     1  am  certainly  opi)Osed  to  biennial  sessions  of  the  Legis- 


Tuesday,  July  12,  1859.  119 

lature — especially  in  a  new  country  like  this.  And  it  has  been  found  in  the 
older  States  not  to  work  well.  For  instance,  in  the  States  of  Indiana  ;ind 
Ohio,  where  they  adopted  biennial  sessions  some  eight  or  nine  years  ago, 
they  are  agitating  the  question  of  a  return  to  annual  sessions.  And  if,  in 
the  old  settled  States,  where  all  the  machinery  of  legislation  is  complete, 
[*44]  and  *the  wants  of  the  people  may  be  more  readily  and  certainly 
known — if  biennial  sessions  do  not  work  well  there  in  Ohio,  they  would  cer- 
tainly work  disastrously  in  this  Territory.  I  have  found  out,  sir,  that  in 
taking  the  initiatory  steps  of  a  State  organization  there  is  much  to  be 
done;  and  gentlemen  will  find  that — if  they  prescribe  biennial  sessions, 
and  limit  the  time  of  the  sessions — much  of  the  work  necessary  in  the 
machinery  of  a  State  organization,  such  as  the  preparation  of  a  code  of 
laws,  and  legislating  for  the  constantly  increasing  wants  of  the  people — 
will  not  be  done  for  want  of  sufficient  time.  1  hope  that,  before  passing 
upon  this  matter,  gentlemen  will  give  to  it  the  reflection,  its  importance 
demands;  and  I  think  there  is  a  good  guide  to  us  in  the  fact,  that  the  older 
States,  which  have  tried  biennial  sessions,  are  now  agitating  the  question 
of  returning  again  to  annual  sessions. 

Mr.  BuRRis.  Mr.  Chairman,  I  made  this  motion  with  a  \dew  to  econ- 
omy. I  voted  against  reducing  the  representation  to  sixty,  because  I 
think  there  should  be  at  least  seventy-five,  in  order  that  the  representation 
may  be  full.  I  make  this  motion  to  extend  the  time  between  the  regular 
sessions  of  the  legislature  from  one  to  two  years,  because  I  think  once  in 
two  years,  is  often  enough  for  the  Legislature  to  meet.  The  gentleman 
alluded  to  the  working  of  biennial  sessions  in  the  State  of  Ohio.  I  re- 
member very  distinctly  the  annual  sessions  in  Kentucky  under  the  old 
Constitution;  and  I  remember,  that  some  twelve  years  ago,  they  provided 
in  their  new  Constitution,  that  the  Legislature  should  meet  only  once  in 
two  years;  and  from  all  the  information  1  have  the  people  there  are  satis- 
fied with  that  provision;  and  I  know  that  two  years  ago  in  the  State  of 
Iowa  the  people  in  their  new  Constitution  continued  the  biennial  sessions  of 
their  old  Constitution.  I  am  in  favor  of  biennial  sessions,  with  power  in 
the  governor  to  call  extra  sessions. 

Mr.  Slough.  Mr.  Chairman,  I  have  had  occasion  to  see  the  practical 
working  of  biennial  sessions.  It  is  utterly  impossible  for  the  legislative 
business  of  a  great  State  to  be  done  by  means  of  biennial  sessions.  And  in 
most  of  the  western  States  where  they  have  adopted  biennial  sessions,  they 
have  been  compelled  to  return  to  the  annual  sessions,  or  virtually  to  adopt 
them  by  adjourning  over  from  winter  to  winter,  and  then  these  adjourned 
sessions  have  been  protracted  to  three  or  four  months;  and  I  think  in  any 
new  State  with  biennial  sessions,  that  course  would  have  to  be  pursued  on 
account  of  the  legislation  absolutely  demanded  by  the  people.  For  that 
reason  I  am  opposed  to  the  amendment.  I  think  it  better  to  elect  each 
year.  The  additional  expense  of  election  would  not  be  much;  and  the  ad- 
vantage to  be  derived,  would  be  in  the  fact  that  the  members  of  the  larger 
branch  of  the  legislature  would  come  fresh  from  the  people  each  year.  If 
we  were  to  adopt  this  amendment,  I  believe  the  State  would  be  absolutely 
compelled  to  adopt  a  different  course  in  two  years. 

The  amendment  was  rejected. 

Mr.  PoRTEu  moved  to  amend  the  section  so  as  to  make  the  Senators 
elective  annually,  which  was  rejected. 

Mr.  Barton  proposed  to  strike  out  "twenty-five"  and  insert  "twenty" 
for  the  number  of  Senators. 


120  CoxvEXTiox  Proceedixgs  axd  Debates. 

Mr.  Thacher.  The  apportionment  stands  in  the  usual  ratio  of  three 
to  one;  and  if  we  are  to  have  a  complete  representation  it  strikes  me  that 
twenty-five  is  not  too  many  Senators. 

Air.  Bartox.  I  have  a  precedent  for  the  ratio  I  propose  in  the  State  of 
Illinois. 

The  amendment  was  rejected. 

Mr.  Formax  proposed  to  insert  after  the  word  ''law"  in  the  fourth  line 
these  words:  ''And  shall  never  exceed  100  Representatives  and  33 
Senators." 

This  amendment  was  adopted. 

On  motion  by  Mr.  Ltllie,  it  was  agreed  that  whenever  the  word  "As- 
sembly" occurs  in  the  report,  it  shall  be  supplied  by  "House  of  Represen- 
tatives." 

[^45]     *Mr.  Stixsox  moved  to  strike  out  of  the  second  section  all  after 
the  words  "single  Senatorial  and  Assembly  cUstricts"  inclusive. 

Mr.  Thacher  proposed  to  strike  out  all  after  the  words  "regulated  by 
law." 

Mr.  Graham.  I  move  to  insert  in  the  proper  place:  "and  that  each 
organized  county,  at  the  first  election  vmder  this  Constitution,  and  in  all 
subsequent  legislatures,  shall  be  entitled  to  at  least  one  representative." 

Mr.  Slough.  That  would  be  placing  too  much  power  in  the  hands  of 
the  legislature.  The  history  of  Kansas  shows  that  we  have  had  more  than 
one  corrupt  legislature.  With  this  provision,  all  a  corrupt  legislature 
would  have  to  do  in  order  to  disfranchise  a  particular  county,  would  be  to 
multiply  the  number  of  counties.  It  is  placing  power  in  the  hands  of  the 
Legislature  that  may  be  employed  to  the  disparagement  and  injury  of  the 
more  populous  counties. 

Mr.  Gr.\ham.  Mr.  Chairman,  I  am  opposed  to  granting  such  iwwer  to 
the  legislature.  This  is  a  provision  that  each  county  shall  have  at  least  one 
representative  in  the  first  legislature  after  the  adoption  of  this  Constitu- 
tion. It  is  not  my  own  idea.  There  is  just  such  a  provision  in  the  Consti- 
tution of  Pennsylvania. 

Mr.  Thacher.  The  same  provision  is  in  the  Constitution  of  the  State 
of  New  York.  It  is  eminently  right  and  proi:)er  that  each  organized  coimty 
should  have  at  least  one  representative  in  the  lower  branch  of  the  legis- 
lative department. 

.  Mr.  McClelland.  I  think  the  committee  on  apportionment,  when 
they  shall  come  to  this,  will  make  a  fair  apportionment,  and  settle  this 
matter  satisfactorily  to  the  Convention. 

Mr.  Thacher.  I  would  offer  this  as  a  substitute:  "That  in  all  appor- 
tionments hereafter  made,  each  organized  county  shall  be  entitled  to  one 
representative." 

Mr.  Graham.  I  am  oi)poscd  to  that.  I  wish  to  provide  merely  for  the 
present — that  the  present  existing  counties  shall  each  be  entitled  to  at 
least  one  representative  in  the  House  of  Representatives. 

Mr.  Ross.  There  are  thirty-five  organized  counties  in  the  Territory.  I 
move  to  further  amend,  by  adding  words  to  this  effect:  "And  no  new 
county  shall  be  erected  that  has  not  a  sufficient  population  to  entitle  it  to 
one  representative  under  the  ratio  adopted."  That  is  also  in  the  New 
York  Constitution. 

Mr.  Thacher,  I  accept  that. 


Tuesday,  July  12,  1859.  121 

On  the  motion  of  Mr.  McDowell,  the  committee  now  rest,  and  the 
Chairman  (under  instructions)  reported  progress,  and  asked  and  obtained 
leave  to  sit  again. 

NORTHERN    BOUNDARY. 

On  motion  of  Mr.  Hutchinson,  the  Convention  now  took  up  the  gen- 
eral orders  of  the  day— the  first  being  the  presentation  of  petitions  and 
memorials. 

'Mr.  Thacher  presented  a  memorial  from  the  delegation  to  this  Con- 
vention elected  by  the  people  of  that  portion  of  the  Territory  of  Nebraska 
lying  south  of  tlie  Nebraska  river,  and  moved  that  it  be  referred  to  the 
committee  on  Preamble  and  Bill  of  Rights. 

Mr.  Houston  proposed  the  committee  on  Federal  Relations,  but — 

On  the  motion  of  Mr.  Forman.  it  was  referred  to  a  special  committee 
of  thirteen — one  from  each  council  district. 

negroes  and  mulattoes. 

Mr.  McDoweli-  offered  the  following: 

Resolved,  That  there  shall  be  appointed  by  the  President  of  this  Con- 
vention a  special  committee  of  seven  on  Negroes  and  Mulattoes  which 
shall  be  instructed  to  inquire  into  the  expediency  of  reporting,  as  follows: 

"1st.  No  Negro  or  Mulatto  shall  come  into,  or  settle  in  the  State,  after 
the  adojition  of  this  Constitution. 

2d.  All  contracts  made  with  any  negro  or  mulatto,  coming  into  the 
State  contrary  to  the  proA-ision  of  the  foregoing  section  shall  be  void;  and 
all  persons,  who  shall  employ  such  negro  or  mulatto,  or  otherwise  en- 
[*46]  courage  him  to  remain  *in  the  State  shall  be  fined  in  any  sum  not 
less  than  twenty  nor  more  than  five  hundred  dollars. 

3rd.  All  fines  which  may  be  collected  for  a  violation  of  the  provisions 
of  this  article,  or  of  any  law  which  may  hereafter  be  passed  under  it,  shall 
be  used  for  the  colonization  of  such  negroes  and  mulattoes  and  their  de- 
scendants, as  may  be  in  the  State  at  the  adoption  of  this  Constitution  and 
may  be  willing  to  emigrate. 

4th.  The  Legislature  shall  pass  laws  to  carry  out  the  pro\asibns  of  this 
article." 

Mr.  Preston  moved  to  lay  the  resolutions  on  the  table;  and  the  yeas 
and  nays  being  demanded  and  ordered  thereon,  the  vote  stood — yeas  26, 
nays  21 — as  follows: 

Yeas— Messrs.  Arthur,  Burnett,  N.  C.  Blood,  Crocker,  Button,  Graham, 
Griffith,  Hutchinson,  Hanway,  Hoffman,  Houston,  Ingalls,  Ivingman,  Lillie, 
Lamb,  Middleton,  McCuUough,  Preston,  Porter,  Ritchie,  Ross,  Stokes, 
Simpson,  Thacher,  Townsend,  T.  S.  Wright,  WilUams— 26. 

Nays— Messrs.  Blunt,  Brown,  Barton,  Porter,  Forman,  Greer,  Hippie, 
Hubbard,  May,  Moore,  McDowell,  McCune,  McClelland,  Parks,  Signor, 
Slough,  Stinsoii.  Stiarwalt— 21. 

The  following  explanation  was  admitted  to  the  journal  under  the  rule: 

We  vote  to  lay  on  the  table,  but  are  willing  and  ready  to  meet  that 
question  in  a  single  proposition  to  be  submitted  to  a  direct  vote  of  the 
people.  W.  R.  Griffith,         A.  Crocker, 

J.  C.  Burnett,  J.  J.  Ingalls, 

G.  H.  Lillie. 

So  the  resolutions  were  laid  on  the  table. 


122  Convention  Proceedings  and  Debates. 

Mr.  Houston  submitted  the  following,  which  was  adopted: 

"Resolved,  That  the  Secretary  be  required  to  copy  and  deliver  on  the 
adjournment  of  each  session,  all  resolutions,  letters  or  petitions  that  are  re- 
ferred to  Standing  Committees  to  the  Chairman  of  such  committees  as 
they  are  respectively  referred  to." 

The  Convention  then  adjourned  till  to-morrow  morning  at  9  o'clock. 


Wednesday,  July  13. 
The  Convention  met  at  9  o'clock  a.  m. 
Prayer  by  the  Chaplain. 

CORRECTION   OF   THE   JOURNAL. 

The  journal  of  yesterday  was  read. 

Mr.  Stokes  said  he  was  present  yesterday,  and  voted  in  the  negative  on 
the  amendment  to  the  chapter  on  banking,  offered  by  Mr.  J.  Blood,  and 
the  journal  was  corrected  accordingly. 

REVISED   EDITION    OF   THE    AUTHORIZED   REPORTS. 

Mr.  Ross  gave  notice  that  if  any  corrections  were  necessary  in  the 
authorized  reports,  as  printed  in  yesterday's  Commercial  Gazette,  they 
should  be  sent  in  to  the  printer  as  early  as  10  o'clock,  in  order  to  [secure] 
the  correction  of  the  type  for  the  revised  edition. 

SPECIAL   COMMITTEE   ON    NORTHERN    BOUNDARY. 

The  President  announced  the  following  special  committee,  to  which, 
under  the  order  moved  by  Mr.  Forman,  was  referred  the  memorial  of 
the  Nebraska  delegation  presented  yesterday  by  Mr.  Thacher,  viz: 

Messrs.  Forman,  Graham,  Foster,  McClelland,  Middleton,  Hoffman, 
Greer,  Simpson,  Thacher,  Blunt,  Button,  Barton  and  LiUie. 

MANAGEMENT   OF    COMMON    SCHOOLS. 

Mr.  Thacher.  Mr.  President,  the  following  resolution  has  been  handed 
to  me,  and  concurring  fully  in  the  spirit  of  it,  I  offer  it  for  adoption. 

"Resolved,  That  the  Committee  on  the  Legislative  Department,  be  in- 
structed to  report  a  clause  securing  to  the  women  of  the  State  equal 
rights  in  all  questions  involving  the  organization  and  conduct  of  Common 
Schools." 

The  resolution  was  referred  to  the  Committee  on  the  Legislative  De- 
partment. 

GUNN's   MAP. 

Mr.  Barton  submitted  the  following: 

"Resolved,  That  the  Sergeant-at-Arms  be  instructed  to  procure  one  copy 
of  Gunn's  new  map  of  Kansas,  for  the  use  of  each  member  and  officer  of 
this  Convention." 

[*47]     Mr.  Townsend.    Is  the  expense  of  these  *maps  to  come  out  of 
members  individually,  or  out  of  the  Territory  ? 

Mr.  Barton.  I  suppose,  if  the  order  is  made,  the  expense  would  be 
expected  to  come  out  of  the  appropriation  for  the  expenses  of  the  Con- 
vention. 

Mr.  Thacher.  That  appropriation  and  as  much  more  mil  be  ex- 
hausted for  the  expenses  of  this  body;  and  I  am  not  sure  that  we  would 
be  justifiable  in  voting  ourselves  this  map.    The  map  is  a  very  excellent 


Wednesday.  July  13,  1S59.  123 

one — the  best  ever  published  of  Kansas — and  every  member  ought  to  have 
one.    But  to  jiurchase  it  would  be  an  outlay  not  incidental  to  the  expenses 
of  this  Convention,  and  the  resolution  strikes  me  as  of  doubtful  propriety. 
On  motion  by  Mr.  J.  Blood,  the  resolution  was  laid  on  the  table. 

LEGISL.\TIVE   DEPARTMENT. 

On  motion  by  ]\Ir.  Slough,  the  Convention  resolved  again  into  Com- 
mittee of  the  Whole — Mr.  Hippie  in  the  Chair — and  resumed  the  con- 
sideration of  the  report  of  the  committee  on  the  Legislative  Department — 
the  third  section  of  said  report,  as  printed  in  yesterday's  proceedings, 
being  under  consideration. 

Mr.  Ingalls.  Mr.  Chairman,  I  move  that  this  third  section  be  stricken 
from  the  bill.  It  seems  to  me  that  the  matter  of  this  section  is  peculiarly 
within  the  province  of  the  Legislature,  and  I  am  opposed  to  having  this 
Constitution  encumbered  with  so  much  miscellaneous  and  superfluous 
matter. 

Mr.  Thacher.  It  is  customary,  Mr.  Chairman,  in  all  Constitutions  to 
fix  the  per  diem  and  mileage  of  members  of  the  Legislature.  It  is  too 
great  a  temptation  for  members  to  be  called  upon  to  fix  their  own  com- 
pensation. 

Mr.  Ross.  Would  not  the  schedule  be  a  more  appropriate  place  for 
this  matter? 

Mr.  Thacher.  I  think  not.  I  find  the  Constitutions  of  New  York 
and  Wisconsin,  and  Ohio,  I  think,  have  a  section  in  this  place  fixing  their 
compensation,  &c. 

The  motion  was  lost — affirmative  16,  negative  24. 

Mr.  Houston  moved  to  strike  out  ''$3.00"  per  day  and  insert  "$2.50." 

Mr.  Graham  moved  to  insert  $5.00  per  day. 

Mr.  Griffith  moved  to  lay  these  amendments  on  the  table. 

The  motion  was  agreed  to. 

Mr.  Wrigley  offered  the  following: 

"I  move  to  strike  out  all  after  the  word  'meeting'  in  line  11,  and  insert 
the  following  after  the  word  'session'  in  line  10:" 

"For  the  term  of  sixty  days,  and  $1  for  each  day  thereafter." 

Mr.  Lamb  moved  to  further  amend  by  inserting  "fifty  days"  in  place 
of  "sixty." 

Mr.  Thacher.  Mr.  Chairman,  the  first  Legislature  that  shall  assemble 
will  have  nearly  double  duty  to  perform.  Therefore  in  any  rate  of  com- 
pensation and  time  fixed,  we  ought,  in  the  case  of  the  first  session  to  make 
reasonable  exceptions.  The  committee  thought  80  days  would  not  be  too 
much  time.  But  that  subsequent  sessions  ought  not  to  hold  more  than 
50  days — 50  days  for  the  regular  session,  and  30  days  for  any  special 
session.  Special  sessions  are  usually  called  for  the  consideration  of  specific 
subjects,  and  30  days  was  thought  sufficient. 

Mr.  Lamb's  amendment  and  Mr.  Wrigley's  amendment  were  succes- 
sively rejected. 

Mr.  Houston  offered  the  following  by  way  of  substitute: 

"The  members  of  the  Legislature  shall  receive  for  the  first  session  the 
sum  of  S3  per  day,  provided  that  they  shall  not  receive  any  greater  sum 
for  such  ser\'ices." 

On  motion  by  Mr.  Hubbard,  it  was  laid  on  the  table. 


124  Convention  Proceedings  and  Debates. 

Mr.  Slough  proposed  to  amend  the  section  by  inserting  "in  specie," 
after  the  word  "dollars,"  whenever  it  occurs  in  the  section. 

Mr.  Houston.  Mr.  Chairman,  it  seems  that  in  this  proposition  pre- 
[■'"48]  sented  here,  there  *is  an  unnecessary  amount  of  legislation.  We 
are  endangering  the  Constitution  and  piling  up  objections  to  its  adoption. 
I  could  acquiesce  in  a  clause  fixing  the  compensation  of  members  for  the 
first  session,  if  that  be  thought  best;  but  I  see  no  propriety  in  restricting 
or  limiting  further.  We  do  not  know  what  our  circumstances  may  be  in 
the  future.  I  think  we  are  putting  in  a  pretty  round  sum  here.  [Reads 
the  section].  Now  multiply  these  100  members  by  240,  and  it  will  come 
to  a  round  sum.  I  tell  you,  gentlemen,  that  in  the  rural  districts  this 
thing  win  not  do — and  if  I  were  going  to  oppose  this  Constitution  I  would 
hang  my  hat  on  this  peg,  and  it  would  get  votes.  It  seems  to  me  that  we 
ought  to  look  at  the  effect  of  such  things.  Retrenchment  and  Reform 
is  the  word — and  if  it  be  disregarded  here,  it  will  be  an  objection  to  the 
constitution  and  to  the  party  that  makes  the  constitution.  The  general 
government  has  seen  proper  to  sell  the  public  lands  at  this  season  of  the 
scarcity  of  money,  and  hundreds  and  thousands  of  our  people  living  poorly 
in  hovels  and  tents,  struggling  for  the  means  to  pay  for  their  homes,  and 
it  will  be  so,  with  them  for  years  to  come.  For  this  reason  it  seems  to  me 
that  we  ought  to  put  these  expenses  at  the  lowest  possible  sum.  I  know 
they  will  require  retrencliment  in  this  particular,  and  in  every  other. 
Before  passing  upon  this,  I  hope  the  committee  will  look  at  it  all  around. 
In  the  State  of  Iowa,  they  only  get  $1.50  per  day,  and  it  is  proposed  to 
pay  here  $3  per  day.  Why,  sir,  cannot  we  work  as  cheap  as  they?  Aye, 
sir,  and  if  there  were  any  important  work  to  be  consummated,  let  us  give 
our  services  to  the  State,  if  necessary.  I  understand,  sir,  that  under  this 
estimate,  just  the  pay  of  members  of  the  Legislature  would  amount  to 
over  $10,000.  It  seems  to  me  we  ought  to  curtail  as  much  as  we  possibly 
can. 

Mr.  McDowell.  I  think  this  whole  matter  were  better  to  be  left  to 
the  Legislature,  and  I  therefore  move  that  section  three  be  laid  on  the 
table. 

The  President.  In  the  opinion  of  the  Chair,  it  would  not  be  in  order 
to  lay  part  of  the  report  on  the  table. 

Mr.  President  Winchell.  The  Chair  will  take  notice,  that  the  entire 
section  is  proposed  to  be  laid  on  the  table,  and  such  a  motion  is  always  in 
order. 

The  Chairman  then  entertained  the  motion,  and  it  was  referred — 
affirmative  18,  negative  25. 

The  question  recurring  on  Mr.  Slough's  amendment,  it  was  also  rejected. 

Mr.  Stinson  offered  the  following  substitute  for  the  third  section: 

"Section  3.  The  members  of  the  Legislature  shall  receive  such  com- 
pensation as  may  hereafter  be  provided  by  law." 

Mr.  FoRMAN  moved  to  amend  by  adding,  "not  to  exceed  $3  per  day, 
nor  more  than  15  cents  per  mile";  but 

On  the  motion  of  Mr.  Burris,  all  these  amendments  were  laid  on  the 
table. 

Mr.  McClelland  offered  the  following  as  a  substitute: 

"The  members  and  officers  of  the  General  Assembly  shall  receive  a 
fixed  compensation  to  be  prescribed  by  law,  and  no  other  allowance  or 


Wednesday,  July  13,  1859.  125 

perquisite  either  in  payment  of  postage  or  otherwise,  and  no  change  in 
their  compensation  shall  take  effect  during  their  term  of  office." 

The  substitute  was  rejected,  and  then  the  section  was  passed. 

Section  four  having  been  [was]  read  by  the  Secretary. 

Mr.  Slough  moved  the  following  amendments: 

Insert  "county  or"  before  "district"  in  15th  line. 
-  Strike  out  "Assembly"  and  insert  "House  of  Representatives"  in  14th 
line. 

The  amendments  were  adopted,  and  so  the  section  passed. 
[*49]     ^Section  five  having  been  read — 

Mr.  Hoffman  moved  to  insert  "except  postmaster"  in  the  16th  line 
after  the  words  "United  States"  which  was  adopted. 

Mr.  Houston  moved  to  strike  out  the  words  "shall  be  voted  for  or 
hold,"  and  Mr.  Lillie  proposed  to  insert  the  words  "shall  be  eligible  to," 
which  were  adopted. 

And  then  the  section,  as  amended,  was  adopted. 

Section  six  being  read — 

Mr.  Stinson  moved  to  strike  out  these  words  after  "funds,"  viz:  "shall 
hold  office  in  this  State,  nor  shall  any  person  holding  public  money  for 
di.sbursement." 

Mr.  President  Winchell.  It  seems  to  me,  sir,  that  no  person,  for 
merely  having  exercised  an  office  or  trust,  should  be  embarrassed  by  such  a 
clause,  and  therefore  I  am  in  favor  of  the  amendment. 

Mr.  Thacher.  The  only  question  here  is,  whether,  to  save  our  repu- 
tation, we  shall  not  make  a  sweep  that  will  clear  out  all  our  offices,  mem- 
bers of  the  Convention,  as  well.  It  is  a  question  that  will  be  supported 
by  all  parties — upon  which  they  will  blend  and  run  into  each  other. 

Mr.  Greer.  The  word  "convicted"  is  a  legal  word,  and  implies  crimi- 
nality. If  we  are  going  to  make  it  criminal,  and  punishable  by  indictment 
or  presentment  for  a  man  to  merely  misuse  the  public  funds,  then  the 
word  "convicted"  would  have  its  legal  signification  here  and  be  applicable 
in  this  section.  But  I  apprehend  that  it  would  be  rather  stringent  for  a 
mere  misuse  of  the  public  funds,  to  subject  a  man  to  indictment  in  a 
criminal  prosecution.  I  am  not  prepared  to  take  that  ground,  nor  am  I 
prepared  to  render  a  man  constitutionally  ineligible  to  office  for  crime  be- 
fore conviction. 

Mr.  Thacher.  This  section  is  almost  identical  with  one  in  the  Ohio 
Constitution  (which  he  read).  It  seems  to  me  the  object  is  to  preserve 
inviolate  and  intact  the  public  justice,  to  remove  temptation  and  to  throw 
a  safe-auard  aroimd  the  public  offices;  and  I  think  any  man  who  has 
been  even  suspected  of  abuse  of  the  public  funds  ought  not  to  be  eligible 
to  office.  I  think  he  has  forfeited  that  right — especially  when  he  has  been 
convicted.  Csesar's  wife  ought  to  be  above  suspicion.  I  think,  sir,  from 
the  experience  we  have  had  of  the  acts  of  various  officers  of  the  IFnited 
States  government  in  this  Territory,  we  are  called  upon  to  guard  as  well 
as  we  may  the  right  to  serve  the  State  in  any  public  capacity. 

Mr.  Greer.  Mr.  Chairman,  I  would  not  go  so  far  as  to  render  a  man 
ineligible  to  office,  or  make  it  a  criminal  offence,  or  a  misdemeanor  for  a 
man  to  be  suspected  by  some  political  partisan  of  having  made  use  of  the 
public  funds  in  a  manner  not  entirely  warranted  by  law.  I  think  there 
are  other  rights  belonging  to  the  citizen  than  that  which  pertains  to  the 


126  Convention  Proceedings  and  Debates. 

preservation  of  the  public  funds.  I  am  not  for  attacking  the  character 
of  a  man  quite  so  sharply,  and  I  hope  the  Convention  will  not  adopt  into 
the  Constitution  a  provision  so  stringent  as  that  in  tliis  section,  and  in- 
dicated by  the  gentleman  from  Douglas. 

The  amendment  of  Mr.  Stinson  was  agreed  to,  and  then  the  section 
as  thus  amended  was  adopted. 

Section  seven  having  been  read — 

Mr.  Brown  offered  the  following  by  way  of  substitute: 

"All  officers  of  this  State  before  entering  upon  the  duties  of  their  re- 
spective offices  shall  take  and  subscribe  an  oath  or  affirmation  to  support 
the  Constitution  of  the  United  States,  the  Constitution  of  the  State  of 
Kansas,  and  faithfully  to  discharge  the  duties  of  their  respective  offices  to 
the  best  of  their  ability." 

The  substitute  was  rejected. 

Mr.  Slough  proposed  to  strike  out  from  the  section  the  words  "and 
subscribe." 

It  was  agreed  to. 

Mr.  Parks.  It  seems  to  me  that  this  section  is  entirely  out  of  order 
[*50]  under  the  legislative  *head.  It  more  properly  belongs  to  the  mis- 
cellaneous department. 

Mr.  Slough.  If  this  is  not  the  proper  place  for  it,  the  conmiittee  on 
arrangement  can  distribute  all  these  different  sections  to  their  proper 
places. 

Mr.  Parks.    I  think  not.    I  move  to  lay  the  section  on  the  table. 

The  motion  was  lost,  and  then  the  section  was  passed. 

Sec.  8  having  been  read — 

Mr.  Form  an  offered  the  following: 

Strike  out  of  second  line  the  words  "Except  as  limited  by  this  con- 
stitution." 

The  amendment  was  lost. 

Mr.  Stinson  moved  to  strike  out  all  after  the  word  "members." 

The  amendment  was  rejected,  and  then  the  section  was  adopted. 

Sections  9,  10,  11,  were  successively  read  and  adopted  without  a  division. 

Section  12  having  been  read — 

Mr.  President  Winchell  submitted  the  following  by  way  of  substitute: 

"Sec.  12.  All  bills  shall  originate  in  the  House  of  Representatives,  and 
be  subject  to  amendment  or  rejection  by  the  Senate." 

Mr.  Winchell.  Mr.  Chairman,  I  desire  to  render  just  a  word  of  reason 
for  offering  this  for  the  consideration  of  the  committee.  I  have  witnessed 
in  the  passage  of  bills  through  the  Legislature  so  much  confusion,  resulting 
from  the  introduction  of  bills  of  like  character  into  both  Houses,  and  have 
been  so  often  at  a  loss  for  the  reason  of  it,  that  it  seems  to  me  a  matter 
of  some  importance  to  guard  against  it.  Had  it  not  been  for  this  practice 
in  legislation,  we  would  have  been  freed  from  a  good  many  difficulties. 
Almost  the  sole  cause  of  clerical  errors  has  been  found  to  arise  from 
the  fact  that  the  same  bill  has  been  simultaneously  introduced  in  both 
Houses,  and  in  its  passage  between  them  the  confut^ion  arises.  There  is 
a  very  wise  provision  in  nearly  all  our  Constitutions  in  this  country, 
that  all  bills  for  revenue  shall  originate  in  the  popular  branch.  That  prin- 
ciple is  a  sound  one,  and  the  same  reasoning  upon  which  it  stands  can 


Wednesday,  July  13,  1859.  127 

be  applied  to  all  other  bills.  If  the  popular  branch  is  not  competent  to 
originate  bills  that  should  meet  every  want  of  the  people,  certainly  it 
seems  to  me  the  Senate  cannot  be.  In  this  way,  also,  it  seems  to  me  that 
we  would  secure  to  the  Senate  a  higher  character.  They  would  act  as  a 
board  of  censors,  criticizing  and  amending  the  acts  of  the  lower  House — 
their  consent  being  essential  to  the  passage  of  all  laws.  Were  a  pro- 
\ision  of  this  sort  adopted,  I  would  be  in  favor  of  limiting  the  power 
of  the  Governor  in  regard  to  the  veto.  I  would  give  him  the  power  of 
vetoing  all  bills,  and  then  I  would  give  to  the  Legislature  the  power  of 
l^assing  any  law  over  the  veto  by  a  bare  majority. 

Mr.  THACHEFi.  I  would  suggest  for  the  consideration  of  members, 
that  there  is  not  a  State  Constitution,  and  I  think  there  is  not  a  legislative 
body  in  any  State  in  this  Union,  that  has  such  a  restriction  except  as  to  bills 
for  revenue.  Our  most  thriving  States  have  no  such  provision.  The  con- 
flict and  confusion  to  which  the  gentleman  refers,  is  more  justly  attribu- 
table to  the  fact  that  every  bill  has  its  friends  and  enemies  in  both  Houses 
— and  this  fact  explains  how  the  origination  of  the  same  bill  in  both  Houses 
at  the  same  time  facilitates  business.  The  effect  of  the  amendment  would 
be  to  compel  the  Senate  to  wait  on  the  House  of  Representatives  for  work. 
Under  the  common  rule  any  bill  could  become  a  law  in  half  the  time  that 
would  be  required  under  this.  The  only  effect  of  such  a  provision  would 
be  to  procrastinate  the  session. 

Mr.  HuTCHixsoN.  It  seems  to  me  a  singular  idea  that  this  substitute 
would  lengthen  the  session.  Those  who  have  the  slightest  acquaintance 
with  our  legislative  bodies  must  be  well  aware  that  our  business  has  been 
delayed  long  enough  to  be  done  twice  over  from  the  origination  of  the 
[*51]  same  bill  in  both  Houses.  A  bill  for  the  ^encouragement  of  edu- 
cation, or  for  the  construction  of  roads  and  highways,  for  instance,  has 
been  introduced  into  both  branches.  Then  comes  all  the  expense  of  writ- 
ing and  printing,  engrossing,  enrolling,  consultations  in  committees,  &c., 
requiring  much  time.  And  many  charges  that  have  been  brought  against 
members  of  the  Legislature  have  originated  from  this  cause  more  than 
any  other.  The  charges  in  connection  with  the  slavery  bill  are  referable 
perhaps  entirely  to  this  cause,  which  gave  the  bill  into  the  hands  of  the 
revolutionary  party  and  nearly  defeated  its  passage.  I  contend,  sir,  that 
there  can  be  no  more  salutary  provision  for  the  Legislative  department 
than  this.  If  bills  originate  in  both  branches,  why  have  two  bodies? 
Why  not  send  them  all  into  the  same  chamber,  and  let  one  man  preside? 
From  the  very  fact  that  it  is  expected  of  the  Senate  that  it  shall  exercise 
a  sort  of  supervisory  power.  The  members  of  that  body  are  elected  for 
two  years,  and  that  shows  that  they  are  a  higher  department.  I  believe 
time  and  money  both  would  be  saved  by  the  adoption  of  the  substitute. 

j\Ir.  Bli'xt.  Innovation  is  certainly  no  argument  why  this  amendment 
should  not  prevail.  I  believe  it  would  obviate  many  difficulties  and  give 
dignity  to  legislation,  and  I  am  in  favor  of  discreet  reforms.  I  shall  vote 
for  the  amendment. 

Mr.  President  Winchell.  It  seems  to  me  very  strange,  that  my  friend 
from  Douglas  (Mr.  Thacher)  who  is  a  radical  man,  should  plead  "no 
precedent"  against  us.  I  object  to  that  argument  coming  in.  For  it 
certainly  can  make  no  difference  to  him  or  me  whether  any  other  Con- 
stitution contains  this  provision,  provided  it  is  a  wholesome  one.  And 
with  regard  to  the  Senate  being  delayed  by  the  action  of  the  House,  do 
we  not  know  that  in  all  legislative  bodies  it  is  customary  for  each  House 
to  wait  for  the  other.    It  is  the  business  of  neither  House  to  provide  busi- 


128  Convention  Proceedings  and  Debates. 

ness  for  the  other;  and  if  the  House  of  Representatives  understood  that 
it  was  its  place  to  prepare  business  in  all  cases,  it  would  go  to  work  and 
do  it. 

Mr.  Griffith.  I  would  suggest  the  propriety  of  adding  the  words  "or 
rejection." 

Mr.  Greer.  I  am  opposed  to  the  substitute  for  the  reasons  suggested 
by  the  gentleman  from  Doiiq:las  (Mr.  Thacher)  which  I  think  are  very 
cogent — that  the  Senate  might  not  be  delayed  by  a  feeling  of  hostility  on 
the  part  of  the  House  of  Representatives.  A  factious  House  of  Repre- 
sentatives might  delay  and  defeat  the  legitimate  business  of  legislation. 
This  objection  carries  great  force,  and  ought  to  be  well  considered  by  the 
committee  before  they  consent  to  adopt  this  substitute.  Unless  there  are 
good  and  cogent  reasons  why  we  should  depart  from  the  practice  of  all  the 
other  States,  we  should,  to  some  extent,  be  governed  and  guided  by  their 
experience. 

Mr.  Thacher.  I  do  hold,  most  strenuously,  that  where  there  is  no 
precedent,  it  is  unwise  for  us  to  experiment — it  is  wrong.  Another  evil 
effect  of  the  substitute  would  be  to  turn  all  the  twenty-live  members  of  the 
Senate  into  lobby  members  of  the  House,  for  the  introduction  and  support 
of  their  peculiar  measures,  whereas,  if  they  had  the  right  to  introduce 
bills  into  their  own  chamber  they  would  keep  their  seats.  I  have  never 
seen  the  least  collision  between  the  two  Houses  in  the  Legislature  of  the 
State  of  New  York.  It  is  generally  customary  for  the  friends  of  a  bill 
to  agree  where  it  shall  be  originated.  I  think  that  the  legislation  and 
experience  of  the  past  ought  to  convince  us,  that  all  bills  should  originate 
in  either  House,  save  bills  of  revenue,  for  which  there  is  pro\asion  made. 

Mr.  Graham.  I  am  opposed  to  the  amendment  of  the  gentleman  from 
Osase.  I  know  of  no  precedent  for  it,  but  that  found  in  the  second  Terri- 
torial guard  for  the  government  of  the  Northwestern  Territory.  Upon 
[-52]  the  organization  of  the  Northwestern  Territory,  *the  Governor 
thought  the  judges  were  not  merely  executors  of  the  law,  but  law-makers. 
We  had  expected  and  asked  of  Congress  a  Territorial  Legislature,  but  they 
sent  us  a  board  of  super^^sors,  merely  to  examine  and  approve  of  their 
proceedings.  Now,  since  we  have  had  experience,  for  the  first  and  last 
time,  I  hope,  of  the  advantages  of  a  board  of  supervisors,  it  seems  to  me 
such  a  thing  never  ought  to  be  mooted  again.  I  am  satisfied  with  the 
experience  of  the  past,  and  think  we  ought  to  adopt  the  time-honored  rule 
of  each  House  having  the  power  to  originate  bills — except  bills  for  revenue, 
to  be  originated  only  in  the  lower  house. 

Mr.  Ritchie.  I  believe  in  the  doctrine  of  reform,  and  I  can  see  in 
this  amendment  a  reform  that  is  safe.  I  understand,  that  if  we  give  to 
the  lower  branch  of  the  Legislature  the  power  of  originating  bills,  the 
other  branch  may  act  legitimately  in  revising,  amending  and  correcting  the 
work  thus  commenced.  The  people,  choosing  their  representatives  an- 
nually, are  expected  to  present  by  them  all  propositions  for  new  legisla- 
tive work;  and  in  order  that  they  may  not  be  pressed  forward  with  too 
great  haste,  that  body  which  has  the  most  experience  in  legislation  would 
be  expected  to  come  in  with  equal  powers  in  maturing  them  into  law,  and 
perfect  their  work.  If  the  Senate  is  to  have  the  same  power  with  the 
House  in  originating  bills,  I  would  be  in  favor  of  but  one  body. 

Mr.  Houston.  This  government  of  ours  is  peculiarly  and  emphatically 
a  government  of  checks  and  balances.  Our  people  are  heterogeneous  for 
whom  legislation  is  required:  and  it  seems  to  me  that  confusion  in  the 
matter  of  legislation  results  generally  from  members  not  l)eing  well  posted. 


Wednesday.  July  13,  1859.  129 

Indeed,  I  know  this  has  been  the  case.  But  this  amendment  would  save 
time,  because  it  would  obviate  much  of  that  pride  of  opinion  which  arises 
from  jealousy  between  the  two  Houses.  Let  the  lower  house  only  intro- 
duce bills,  and  this  feeling  could  not  be  so  rife.  It  is  expected  that  mem- 
bers of  the  House  of  Representatives  will  come  up  with  the  wants  of  the 
people,  and  it  is  proper  and  safe  that  their  work  should  be  submitted  to 
the  graver  body.  I  think,  also,  that  by  this  amendment  we  vnll  obviate 
another  difficulty.  We  will  gain  time.  We  shall  have  less  outside  pressure; 
and  it  would  prevent  so  much  hasty  legislation  for  succeeding  legislatures  to 
wipe  out. 

Mr.  Preston.  The  House  of  Representatives  certainly  is  that  branch 
of  the  Legislature  representing  the  immediate  wishes  of  the  people.  The 
Senate  is  supposed  to  be  the  conservative  branch,  and  they  should  act  as 
a  check  upon  the  House,  and  should  revise  their  labors.  It  seems  to  me 
that  the  substitute  is  right — that  the  Senate  is  the  proper  place  to  revise 
the  work  of  the  House  of  Representatives. 

The  amendment  was  adopted — affirmative  28,  negative  13 — and  then  the 
resolution  as  amended  was  adopted. 

Section  13  was  read  and  adopted. 

Section  14  having  been  read — 

Mr.  President  Winchell  moved  to  strike  out  after  the  word  "House," 
in  41st  line,  these  words:  "in  which  it  shall  have  originated"  and  insert, 
"of  Representatives." 

Mr.  McDowell  moved  to  amend  by  striking  out  the  whole  section. 
He  thought  the  Governor  ought  not  to  have  the  veto  power. 

,  Mr.  Stinson.  I  object  to  the  radical  proposition  of  my  radical  friend 
from  Leavenworth.  I  think  the  veto  is  one  of  the  most  wholesome  re- 
strictions upon  the  legislative  power,  and  essential  to  the  maintenance 
of  the  due  balance  that  should  be  preserved  between  the  different  depart- 
ments of  government. 

Mr.  Thacher.  Should  not  the  same  reasoning  which  carried  the  former, 
carry  this  proposition  also? 

[*53]  *Mr.  PREsmENT  Winchell.  I  protest  against  this  line  of  argu- 
ment— that  because  a  certain  proposition  has  been  decided  to  be  good 
and  meritorious,  we  must  therefore  adopt  everything  else  presented  and 
looking  in  the  same  direction.  I  am  not  decided  as  to  whether  the  motion 
of  the  gentleman  from  Leavenworth  (Mr.  McDowell)  may  not  be  a  whole- 
some one;  and  if  I  was  to  object  to  it,  it  would  not  be  for  the  reasoning 
set  forth  by  the  other  gentleman  from  Leavenworth  (I\Ir.  Stinson). 

Mr.  McDowell.  I  have  a  word  to  say  with  reference  to  the  motion 
I  have  made.  I  take  it  that,  as  we  have  adopted  the  principle  that  the 
Legislative  body  shall  be  the  law-making  power,  that  we  had  better  de- 
volve the  responsibility-  for  the  character  of  the  laws  upon  that  department. 
I  do  not  think  it  belongs  in  any  proper  sense  to  the  official  character  of 
the  Governor  to  act  as  a  law-maker  for  the  State.  I  think  the  vesting 
him  with  such  extraordinary  power  and  authority  is  an  anomaly  in  re- 
publican forms  of  government.  If  the  people  are  misrepresented — if  the 
Legislation  that  happens  to  pass  through  the  Legislative  department  is 
impolitic  and  wrong,  throw  the  responsibility  where  it  belongs — upon  the 
parties  making  the  laws.  But  the  gentleman  says,  this  is  a  new  thing — 
that  it  is  a  progressive  idea — that  it  finds  no  precedent  in  other  constitu- 
tfipns^and  that  because  some  gentlemen  here  are  incorporating  certain 
progressive  ideas,  therefore  this  should  be  incorporated.     One  of  these 

9 — 778 


130  Convention  Phoceedings  and  Debates. 

statements  is  certainly  not  correct.  For  if  the  gentleman  will  recollect, 
a  great  many  state  Constitutions  do  not  give  the  Governor  this  power. 

Mr.  Slough.  I  think  if  we  can  conform  to  the  Constitution  of  the 
United  States,  we  cannot  find  a  better  model.  I  believe  all  will  accord 
to  that  instrument  the  hiq:h  character  1  give  to  it.  That  instniment  vests 
in  the  Federal  Executive  the  same  power  with  which  we  propose  to  invest 
the  Governor  of  Kansas.  It  has  been  found  to  work  well  there,  and  I  see 
no  reason  why  it  will  not  work  well  with  us.  If  we  take  this  power 
from  the  hands  of  the  Governor,  we  leave  him  the  Executive  office  only, 
and  his  chief  prerogative  will  be  to  pardon  criminals.  We  might  almost 
as  well  dispense  with  the  Governor  entirely,  if  this  power  be  taken  away 
from  him.  In  addition  to  this — and  taking  a  broader  view — it  is  not  in 
accordance  with  the  principle  of  checks  and  balances.  We  cannot  throw 
too  many  safeguards  around  the  rights  and  interests  of  the  people. 

Mr.  Ritchie.  1  am  opposed  to  giving  too  much  power  into  the  hands 
of  one  individual.  I  am  not  aware  that,  because  a  man  has  been  pro- 
moted to  the  chair  of  Governor,  that  on  that  account  he  possesses  really 
any  better  judgment  than  when  he  stood  among  the  people.  Instead  of 
the  people  being  protected  by  this  power,  it  seems  to  me  the  very  opposite 
is  true.  The  popular  will  must  be  better  reflected  by  the  representatives, 
who  are  more  recently  from  the  people,  and  better  know  their  wants.  I 
do  not  wivsh  to  separate  the  Governor  from  the  Legislative  power,  but 
his  being  placed  in  the  position  of  Governor,  gives  him  a  sufficient  amount 
of  power  and  influence  in  that  body  through  his  official  communications. 
Taking  such  considerations,  I  am  in  favor  of  striking  out  the  section. 

Mr.  Thacher.  I  cordially  concur  in  the  remarks  made  by  the  gentle- 
man from  Leavenworth  (Mr.  Slough)  that  it  is  unwise  to  depart  from  the 
old  landmarks.  I  cannot  see  that  the  arguments  employed  by  the  other 
gentleman  from  Leavenworth  (Mr.  McDowell)  are  any  more  cogent  than 
those  relied  upon  to  support  the  amendment  to  the  former  section.  I 
think  the  doctrine  of  the  veto  check  is  a  safe  and  sound  one. 

Mr.  Greer.  One  of  the  distinctive  features  which  makes  the  difference 
between  the  governments  of  the  American  States,  and  the  European 
[*54]  governments  is  a  distribution  of  powers;  and  I  *am  in  favor  of 
keeping  up  and  preserving  this  distribution  of  the  powers  of  government 
between  the  Legislative,  Executive  and  Judicial  departments.  I  am  there- 
fore opposed  to  the  veto  power  of  the  Governor,  unless  it  be  so  qualified 
that  the  two  houses  by  a  majority  may  pass  the  bill  notwithstanding  the 
veto.  The  Governor  is  but  a  man,  and  cannot  be  siipjwsed  to  know  as 
much  of  the  wants  of  the  people  as  the  representatives,  who  have  come 
up  fresh  from  a  common  interest  amongst  them.  I  concur  also  in  the 
reasoning,  that  the  representatives,  coming  immediately  from  the  people, 
and  better  acquainted  with  their  wants,  should  originate  all  legislative 
propositions,  and  that  the  Senate  should  act  merely  as  a  body  of  revision 
upon  the  acts  of  the  House  of  Representatives.  If  we  make  the  Senate 
such  a  check  upon  the  house,  it  strikes  me  that  it  will  be  sufficient.  In 
all  my  observation  of  the  legislation  of  this  country,  I  have  never  seen 
any  great  benefits  growing  out  of  the  veto  power  as  it  has  been  exercised 
either  in  our  national  or  State  governments.  On  the  contrary,  I  have 
frequently  seen  contests  between  the  Executive  and  Legislative  depart- 
ments on  this  account,  which  have  not  been  at  all  creditable  in  history. 
I  think  we  should  dis])ense  with  the  veto. 

Mr.  Griffith.  I  submit  whether  the  exercise  of  the  veto  power  has 
ever  been  salutary?    Has  not  offered  a  check  upon  much  hasty  and  in- 


Wednesday,  July  13,  1859.  131 

considerate  legislation?  If  it  were  in  the  province  of  the  Governor  to 
defeat  a  law  altogether,  then  this  power  ought  not  to  be  placed  in  his 
hands.  But  the  veto  only  refers  the  question  directly  to  the  people,  and 
so  entering  into  the  next  election  canvass  the  majority  governs  in  the  case 
at  last.  I  think  the  operation  of  the  veto  has  been  a  salutary  check  upon 
our  legislation  both  in  the  National  and  State  governments.  If  gentle- 
men will  look  into  our  national  history,  they  will  see  that  the  first  bill 
vetoed  by  the  first  President  of  the  United  States,  was  a  most  salutary 
exercise  of  that  power,  and  1  can  see  no  evil  growing  out  of  its  judicious 
exercise. 

Mr.  Ross.  The  idea  inducing  me  to  oppose  the  amendment  is,  that  the 
veto  is  a  conservative  power  in  the  hands  of  the  Executive.  It  is  his  duty 
to  prevent  the  enactment  of  deleterious  laws.  I  think  none  will  dispute 
this,  that  the  eftects  and  consequences  of  a  bad  law  are  far  worse  than 
having  no  law  on  any  given  question.  The  sin  of  connmission  is  greater 
than  the  sin  of  omission. 

Mr.  Burnett.  I  would  refer  the  centlemen  to  a  recent  case  of  the  use 
of  the  veto  in  the  State  of  Illinois.  There  it  was  that  the  representatives 
of  a  minority  of  the  people  obtained  control  of  the  Legislative  department, 
and  those  minority  representatives  wishing  to  continue  in  power,  intro- 
duced measures  to  that  end,  which  the  Governor  vetoed,  and  so  preserved 
the  rights  and  carried  out  the  wishes  and  feelings  of  a  majority  of  the 
people.  Should  not  an  instance  of  this  kind  teach  us  the  importance  of 
the  veto  power? 

Mr.  Houston.  This  question  merits  consideration.  It  involves  meas- 
ures of  very  great  moment.  If  I  knew  how  the  Convention  would  stand  in 
relation  to  another  question,  I  could  tell  better  how  I  would  vote  on  this. 
I  think  the  different  departments  of  the  government  should  be  distinct 
from  each  other.  I  do  not  think  the  Executive  ought  to  have  any  part  in 
Legislation.  My  position  is,  that  it  is  possible  to  maintain  proper  checks 
and  balances  in  the  State  government  without  employing  the  Executive 
veto — that  it  would  be  better  for  the  Governor  to  be  the  Executive  merely. 
But  there  is  another  consideration.  If  we  are  going  to  adopt  this  two- 
thirds  rule,  it  would  place  in  the  hands  of  one  man  the  power  to  defeat 
the  clearly  expressed  will  of  the  people.  On  the  other  hand,  if  we  admit 
of  no  veto  at  all,  we  dispense  with  a  wholesome  check,  as  it  might  some-, 
[*55]  times  result,  upon  the  Legislature.  It  ""seems  to  me,  if  we  could 
agree  uj)on  a  proposition,  that  a  rruijority  of  three-fifths  should  be  compe- 
tent to  overcome  the  veto;  that  it  would  be  better  to  retain  this  power;  so 
I  am  not  willing  altogether  to  forego  the  advantage  of  this  check.  At  the 
same  time  I  do  not  want  to  put  into  the  hands  of  one  man  all  the  power 
and  responsibility  involved  in  the  original  section.  I  would  use  the  veto 
as  a  check — never  to  defeat  the  people's  will. 

Mr.  Blunt.  The  new  Constitution  of  the  State  of  Oliio,  which  we 
have  adopted  as  the  basis  of  our  action,  contains  no  veto  clause,  and  I  be- 
heve  that  the  history  of  the  last  ten  years  of  that  State,  has  proved  the 
wisdom  of  that.  I  believe  no  injury  has  worked  to  the  people  in  consequence 
of  the  Governor  not  having  the  veto.  I  have  drawn  up  an  amendment  by 
which  I  propose  to  meet  this  case.  I  would  strike  out  from  the  word 
"bill"  in  line  42,  to  the  word  "law"  in  line  44,  and  insert  in  lieu  thereof 
the  following  words:  "If,  after  such  consideration,  a  majority  of  the  mem- 
bers of  the  House  shall  agree  to  pass  the  bill,  it  shall  be  sent  to  the  Senate, 
in  which  body  it  shall  be  reconsidered,  and  if  approved  by  a  majority, 


132  Convention  Proceedings  and  Debates. 

then  it  shall  become  a  law."  That  is,  the  Governor  shall  have  a  veto  to 
the  extent  that  shall  enable  him  to  remonstrate  against  hasty  legislation. 
The  Governor  should  not  be  clothed  with  legislative  powers.  He  is  purely 
a'  ministerial  officer.  But  when  j'ou  require  two-thirds  to  overcome  his 
veto,  you  clothe  him  with  a  dangerous  power.  I  believe  he  should  have 
the  power  to  restrain  hasty  legislation:  that  is,  that  he  should  be  au- 
thorized to  point  out  his  objections  to  the  House — giving  members  an 
opportunity  to  reconsider  the  matter,  and  to  avail  themselves  of  the  rea- 
sons of  the  Governor  for  refusing  to  sign  the  bill,  and  if  they  have  acted 
hastily,  to  apply  the  corrections.  We  find  a  precedent  for  this  in  the  very 
Constitution  we  have  adopted  for  our  basis,  and  the  same  clause  stands  in 
several  of  the  later  made  Constitutions.  But  these  considerations  are  not 
material.  This  is  an  age  of  reform;  and  notwithstanding  it  may  be  an  in- 
novation upon  the  customs  of  legislation,  that  can  be  no  argument  why  we 
should  not  adopt  it. 

Mr.  Preston.  I  believe  the  re-charter  of  the  United  States  Bank  was 
once  defeated  by  the  veto.  The  will  of  Congress  was  frustrated,  but  the 
veto  was  sustained  bj^  the  people.  1  give  this  as  one  instance  in  which,  in 
nay  opinion,  the  veto  worked  well. 

Mr.  Foster.  I  am  opposed  to  striking  out,  and  to  the  amendment.  It 
has  been  urged  here  that  the  veto  power  in  the  Governor  is  calculated  to 
defeat  the  will  of  the  majority.  But,  gentlemen  seem  to  forget  that  the 
Governor  is  equally  a  representative  of  the  people.  He  is  placed  in  his 
position  by  the  popular  vote,  and  so  far  from  defeating  the  will  of  the 
majority,  I  insist  that  he  is  more  the  representative  of  the  popular  ma- 
jority than  possibly  the  Legislature  themselves  might  be.  For  instance: 
there  might  be  a  question  of  the  location  of  the  seat  of  government,  before 
a  Legislature,  whose  members  are  interested  in  a  certain  locality,  say  in 
sufficient  strength  to  be  able  to  carry  it  by  a  bare  majority,  and  so  the 
law  passes,  evidently  detrimental  to  the  interests  of  the  whole  State.  And 
suppose  the  Governor  to  veto  such  a  law:  in  such  a  case  he  sits  as  the 
representative  of  the  interests  of  the  people.  I  insist  upon  it,  that  clothed 
with  the  veto,  the  Governor,  under  some  circumstances,  is  rather  the  rep- 
resentative of  the  people  of  the  State  than  the  Legislature  themselves. 

Mr.  McDowell's  motion  to  strike  out  was  rejected,  and  the  question 
recurring  on  the  substitute  of  Mr.  President  Winchell,  it  was  agreed  to. 

Mr.  McClelland  submitted  the  following  amendment: 

"Strike  out  the  words  'two-thirds'  in  line  42,  and  line  44  of  section  14, 
[*56]     and  insert  in  lieu  ^thereof  in  each  place  the  words  'a  majority.' " 

Mr.  Blunt  propo.sed  to  strike  out  the  words  "other  House"  and  insert 
"Senate"  which  was  lost,  and  then 

Mr.  McClelland's  amendment  was  also  rejected. 

■  Mr.  Houston  proposed  to  strike  out  the  word  "two-thirds"  whenever  it 
occurs  and  insert  "three-fifths." 

Mr.  Stinson  proposed  "five-ninths." 

Mr.  M.\Y  moved  to  lay  these  amendments  on  the  table,  and  the  motion 
was  agreed  to. 

Mr.  Winchell  moved  the  adoption  of  (the)  14th  section,  as  amended, 
and  it  was  adopted  accordingly. 

,  Mr.  Wrigley  moved  a  reconsideration  of  Sec.   13,  which  motion  the 
Chairman  declared  out  of  order. 


Wednesday,  July  13,  1850.  ;  133 

Sec.  15  having  been  read, 

Mr.  Greer  offered  the  following  amendment: 

I  move  to  insert  after  the  word  "emergency"  the  following, 

"Which  emergency  shall  be  stated  in  the  title  of  the  bill."  ; 

The  amendment  was  rejected.  , 

Mr.  Ross  offered  the  following  amendment: 

"In  line  50  add  'No  bill  shall  be  passed  until  the  same  shall  have  been 
printed  and  placed  in  the  hands  of  the  members  of  the  two  Houses.' " 

Mr.  Thacher.  There  are  a  great  many  cases  in  which  that  would  occa- 
sion delay.    I  do  not  see  the  necessity  of  a  provision  of  that  kind. 

Mr.  Ross.  I  should  think  that  any  person  famiUar  with  the  legislation 
in  this  Territory  for  the  last  two  years,  would  see  the  necessity  for  this 
provision.  It  would  prevent  confusion,  fraud,  and  mixing  bills  between 
the  two  Houses. 

Mr.  May.  I  think  section  13,  as  amended,  will  obviate  the  difficulty  the 
gentleman  speaks  of — confining  the  origin  of  bills  to  the  House  of  Repre- 
sentatives. 

Mr.  Ross'  amendment  was  rejected,  and  then  the  section  was  passed. 

Section  16  haxdng  been  read — 

Mr.  Th.acher  moved  to  amend  by  inserting  in  52d  Une  the  words  "or 
sections"  after  "section":  which  was  adopted:  and,  so  the  section  was 
adopted. 

Section  17  having  been  read — 

Dr.  Blunt  moved  that  it  be  stricken  out. 

Mr.  Wrigley  offered  the  following  substitute: 

"All  laws  of  a  general  nature  shall  have  a  uniform  operation  through- 
out the  State,  and  in  all  cases  where  a  general  law  can  be  made  applicabte, 
no  special  law  shall  be  enacted." 

Mr.  Th.\cher.  That  is  for  the  purpose  of  preventing  the  lumbering  up 
of  the  Statutes  with  local  laws.  i 

The  substitute  was  adopted,  and  then  the  section  as  amended  was 
adopted. 

Section  18  having  been  read — 

Mr.  Foster  moved  to  strike  out  in  hne  55  the  words:  "nor  grant  any 
divorce." 

Mr.  Foster.  As  I  am  one  of  the  few  single  men  on  this  floor,  I  can 
meet  this  motion  disinterestedly.  But  I  can  conceive  of  no  situation  in 
which  a  man  can  be  placed  more  wretched  than  that  of  being  tied  to  a 
common  scold;  and  of  no  more  worse  position  for  a  woman  than  that  of 
being  tied  to  a  disagreeable  man. 

Mr.  Wixchell.  Would  the  gentleman  prevent  the  Legislature  from 
giving  to  the  Court  this  exercise  of  a  power  which  he  says  is  so  much 
needed  ? 

Mr.  May.  In  the  State  of  Missouri  the  Legislature  have  no  power  to 
grant  divorces,  but  they  have  conferred  that  power  on  the  Courts. 

The  amendment  was  rejected,  and  then  the  section  pa.s.sed  without 
amendment. 

Section  19  having  been  read — 


134  Convention  Proceedings  and  Debates. 

Mr.  Foster  offered  the  following: 

I  move  to  amend  by  striking  out  line  5S  as  far  as  and  inchiding  the 
word  "same,"  and  insert  as  follows: 

[*57]  The  Legislature  shall  have  power  to  pub*lish  all  laws  passed, 
and  no  law  of  a  general  nature  shall  be  in  force  until  after  the  same  shall 
be  published. 

Which  was  adopted;  and  then  the  section  as  amended  was  adopted. 

Section  20  having  been  read — 

Mr.  McDowell  submitted  the  following: 

Strike  out  the  enacting  clause  in  line  61  and  insert  "Be  it  enacted  by 
the  Legislative  Assembly  of  the  State  of  Kansas." 

There  was  no  second  to  this  proposition. 

Mr.  Stinson  moved  to  insert  "Commonwealth"  in  place  of  "State"; 
which  was  lost. 

Mr.  Slough  proposed  to  amend  by  striking  out  the  words  "Legislative 
Assembly,"  and  inserting  "Legislature";  which  was  adopted;  and  then  the 
section  as  amended  was  adopted. 

Section  21  having  been  read — 

Mr.  Graham  moved  to  strike  it  out. 

Mr.  Thacher.  I  would  suggest  to  the  gentleman  this  consideration: 
Each  county  has  a  certain  amount  of  local  legislation,  such  as  the  laying 
out  of  highways,  &c.,  which,  if  it  have  not  the  power  to  transact,  must 
come  before  the  Legislature.  The  supervisors  need  authority  in  such 
cases:  and  this  is  to  authorize  the  Legislature  to  authorize  the  County 
Board  to  do  county  business,  and  so  save  the  enactment  of  many  local 
laws. 

Mr.  Blunt.  I  think  this  comes  more  properly  under  the  head  of 
County  and  Township  Organization;  and  it  ought  to  be  stricken  out. 

Mr.  Houston  offered  the  following  as  a  substitute: 

"It  shall  be  the  duty  of  the  Legislature  to  pass  stringent  laws  to  guard 
the  purity  of  the  ballot  box." 

Mr.  Blunt.  I  do  not  see  what  connection  that  has  with  the  matter 
under  consideration. 

The  Chairman.    The  chair  was  about  to  rule  it  out  of  order. 

Mr.  Houston.  The  proper  place  for  this  is  in  the  consideration  of  the 
powers  of  the  Legislature;  and  it  does  seem  to  me  that  a  matter  of  such 
importance  ought  to  l)e  placed  in  the  organic  law.  If  I  understand  our 
position,  Mr.  Chairman,  we  are  drifting  toward  results  and  coasequcnces 
which  no  man  can  estimate.  The  times  are  out  of  joint.  Our  public  men 
are  corrupt;  the  ballot  box  is  not  inviolable,  and  character  is  insecure.  We 
have  started  out  wronc  and  the  first  stoji  if  wo  would  start  rialit,  is  to 
guard  well  the  elective  franchise,  by  imposing  the  severest  penalties  against 
the  infringement  of  this  God-given  right. 

The  resolution  was  rejected. 

On  motion  by  Mr.  Slough,  the  Committee  now  rose,  and  the  Chairman 
(under  instructions)  rejiortecl  jirocress,  and  asked  and  obtained  leave  to 
sit  again. 

The  Convention  then  took  a  recess  till  3  o'clock,  p.  m. 


Wednesday,  July  13,  1859.  135 

Wednesday,  July  13. 
.\FTERNOON  SESSION. 

Mr.  J.  Blood.  Mr.  President,  I  am  about  to  ask  leave  to  submit  an 
order  to  dispense  with  the  report  of  these  proceedings  in  Committee  of 
the  Whole.  1  think,  if  the  report?  in  full  are  continued  it  will  hv,  productive 
of  needless  e.xpense.  I  will  offer  a  resolution  that  hereafter  the  proceed- 
ings in  Committee  of  the  Whole  shall  not  be  reported  by  the  official  re- 
porter. 

Mr.  Kingman.  I  suggest  that  it  had  perhaps  better  be  withdrawn 
till  we  shall  get  the  Legislative  Report  through  the  committee. 

Mr.  Stinson.  Better  to  let  the  report  of  the  proceedings  on  the  Legis- 
lative report  go  out  in  full.    I  propose  an  amendment  to  that  effect. 

Mr.  J.  Blood.    I  will  withdraw  the  resolution  for  the  present. 

LEGISLATIVE   DEPARTMENT. 

On  motion  by  Mr.  Slough,  the  Convention  now  resolved  into  Com- 
[*58]  mittee  of  the  Whole — *Mr.  Hippie  in  the  Chair — and  resumed  the 
consideration  of  the  report  of  the  committee  on  the  Legislative  depart- 
ment— the  question  pending  lieins;  on  the  adoption  of  the  22d  section. 

Mr.  Brown  offered  the  following  as  a  substitute: 

"For  any  speech  or  flebate.  in  either  house  the  members  shall  not  be 
questioned  elsewhere,  nor  shall  any  word  or  words  spoken  in  debate  in 
either  house  of  the  Legislature  be  the  foundation  of  any  action,  complaint 
or  prosecution.  No  member  of  the  Legislature  shall  be  subject  to  arrest, 
except  for  a  felony  or  breach  of  the  peace,  in  goinc;  to  or  returning  from 
the  place  of  meeting,  or  during  the  continuance  of  the  session,  nor  for 
fifteen  days  previous  to  its  commencement." 

The  substitute  was  rejected,  and  the  section  passed  without  amendment. 

Section  23  was  read. 

Mr.  Stinson.  Mr.  Chairman,  I  move  that  the  section  be  stricken  out. 
It  is  open  to  the  objection  of  interfering  with  legislation. 

Mr.  Thacher.  That  section  is  in  the  Wisconsin  Constitution,  and  the 
committee  were  unanimous  in  recommending  it. 

It  is  not  in  the  Ohio  Constitution,  but  it  is  a  check  upon  fraud. 

Mr.  Stinsox.    Why  not  insert  "fire  wood,"  after  ■'stationery?'" 

Mr.  Thacher.  Because  fire  wood  is  so  small  an  item.  The  stationery  of 
this  convention  will  be  more  than  all  the  other  incidental  expenses  put 
together.    Hence  it  was  thought  best  to  put  out  by  contract. 

Mr.  Ross.  The  printing  is  to  be  let  to  the  lowest  bidder.  He  referred 
to  a  case  where  a  public  printer  charaed  14  cents  per  thousand  and  token, 
and  got  the  work  done  at  25  cents.  Gentlemen  could  see  where  the 
gouging  would  be. 

Mr.  Stixson's  motion  to  strike  out  section  23  was  adopted. 

Mr.  Thacher  offered  the  following  to  come  in,  in  the  place  of  section  23. 

"Section  23.  The  Legislature,  in  providing  for  the  formation  and 
reguJation  of  common  schools,  shall  make  no  distinction  between  the  rights 
and  privileges  of  males  and  females." 

Mr.  Hutchinson  moved  to  insert  after  "common  schools,"  the  words 
"or  State  University." 

Mr.  BuRRis.     I   am  not   sure  that   I   understand  ihv  extent   to  which 


136  CoN\'ENTiON  Proceedings  and  Debates. 

the  ameurlment  goes — ^whether  it  is  that  females  are  to  be  entitled  to 
hold  office,  receive  appointments  and  disburse  money — or  whether  it  is 
merely  that  there  should  be  no  distinction  as  to  privilege  in  the  schools 
between  male  and  female  children.  i 

Mr.  Thacher.    I  suppose  the  former  assumption  is  correct. 

Mr.  BuRRis.  If  that  be  the  object  and  extent  of  the  resolution,  I  must 
interpose  my  dissent;  but  if  it  merely  places  all  children  on  the  same 
footing,  I  have  no  objection.  I  cannot  see  any  greater  necessity  for  inviting 
females  to  the  right  of  voting  and  holding  office  in  connection  with  the 
State  University,  than  there  is  in  in\ating  them  into  any  other  official 
capacity.  I  believe  I  could  rather  vote  to  strike  out  the  word  "male"  from 
the  article  on  the  Elective  Franchise. 

Mr.  Blunt  proposed  to  refer  the  substitute  to  Mrs.  Nichols. 

A  Voice.     I   propose   that   Dr.   Blunt   be   added   to   the   committee. 

[Laughter] . 

Mr.  May  made  an  ineffectual  motion  to  lay  the  substitute  and  amend- 
ment on  the  table.  i 

Mr.  Thacher.  I  am  not  strenuous  about  the  matter  of  the  control 
of  the  State  University,  but  in  the  common  schools,  what  would  they  be 
without  the  female  influence,  as  it  radiates  from  the  fireside?  1  think, 
sir,  that  their  influence  should  be  so  directed  as  to  be  felt  there,  and  that 
there  their  power  appropriately  resides.  The  committee  considered  such 
a  provision  just  and  humane.  A  similar  jirovision  is  in  the  Constitution 
of  the  State  of  Kentucky,  and  I  am  sure  that  the  representatives  of 
the  people  of  Kansas  are  not  less  gallant,  and  care  not  less  for  th6 
[*59]  *rights  and  interests  of  females  in  the  rising  generation,  than  the 
men  of  Kentucky.  ] 

I  hold,  sir,  that  our  mothers  and  sisters  have  as  much  interest  and 
responsibility  with  respect  to  the  conomon  schools,  as  our  fathers  and 
brothers.  I  hope  this  provision  will  be  adopted,  and  that  female  influence 
in  our  schools  may  be  felt  in  all  its  power.  It  is,  I  confess,  one  step  in  the 
direction  of  female  suffrage — but  it  cannot  do  any  harm,  whilst  it  will 
afford  an  example  of  its  working. 

Mr.  Hltchinson.  I  think  the  rule  will  work  as  well  in  the  higher  dcy 
partment  as  in  the  common  schools,  for  this  reason.  There  is  little  dis- 
tinction made  between  the  sexes  as  to  their  rights  in  the  common  schools  of 
the  adjacent  States,  and  there  is  no  difference  in  their  progress  in  learning. 
But  so  soon  as  you  rise  above  the  common  schools  this  distinction  is  felt. 
The  hand  of  the  law  must  be  thrust  in  as  soon  as  they  travel  above  a 
certain  grade.  I  feel  that  my  clause  is  of  equal  importance  with  the  pro- 
vision embraced  in  the  original  section.  It  is  well  known  that  some  of  the 
most  flourishing  colleges  in  the  Union  have  adopted  tliis  system.  There  is 
none  more  justly  prosperous  than  Antioch  College,  in  the  State  of  Ohio, 
where  both  sexes  are  admitted  upon  an  equality. 

Mr.  Blunt.  If  the  gentleman's  resolution  were  a  little  modified,  I 
should  have  no  ol)jection  to  it.  As  far  as  it  respects  the  placing  of  the 
sexes  in  the  common  schools  on  an  equality — giving  them  equal  j)rivileges — 
I  am  not  opposed  to  that.  But  if  it  is  proposed  to  make  no  distinction 
between  the  sexes  in  the  matter  of  the  election  of  officers,  directors,  &c., 
and  providing  such  rules  and  regulations  as  may  be  UQcessary  for  the  man- 
agement and  direction  of  the  common  schools  and  the  State  University,  I 
am  oiii)Osed  to  that.  When  the  time  shall  come — if  it  should  ever  come- 
in  the  progress  of  events — that  the  great  majority  of  the  women  of  this 


Wednesday,  July  13,  1S59.  l37 

country  shall  ask  to  be  put  upon  an  equality  with  the  men,  I  do  not  know 
that  I  shall  have  any  objection  to  offer.  But,  in  my  judgment,  the  time 
has  not  come  when  any  considerable  portion  of  women  make  this  apphca- 
tion;  and  it  will  be  time  enough  to  accord  this  right  when  they  ask  for  it. 
The  gentleman  is  mistaken  as  to  the  adoption  of  this  rule  in  Ohio.  Female 
there  have  no  direction  in  school  matters. 

Mr.  Hutchinson.  Being  informed  that  my  principle  is  well  provided 
for  by  the  Committee  on  Education,  I  withdraw  the  amendment. 

Mr.  Griffith.  I  conceive  that  if  we  were  to  confer  on  woman  her  rights 
in  the  management  of  our  college  and  common  school  systems,  that  we 
should  find  much  more  efficiency  and  energy  in  the  great  work  of  edu- 
cating the  rising  generation.  It  is  conceded  that  our  sisters  and  wives  take 
more  interest  in  the  cause  of  education  than  ourselves.  Let  woman  have 
an  equal  voice  in  the  schools — in  determining  how  many  months  they  shall 
be  kept,  who  shall  be  officers,  and  what  shall  be  the  amount  of  tax  for  the 
support  of  schools,  and  we  shall  inaugurate  a  more  efficient  school  system 
than  has  ever  yet  blessed  this  most  favored  land.  I  consider  that  the  mat- 
ter of  conferring  upon  females  the  elective  franchise  is  of  minor  im- 
portance compared  with  this. 

Mr.  Th.\cher's  section  was  adopted — affirmative  22,  negative  19:  and 
so  sec.  23  was  passed. 

Sec.  24  was  read. 

Mr.  Slough  offered  the  following,  by  way  of  substitute: 

"Sec.  24.  No  money  shall  be  drawoi  from  the  Treasury,  except  in  pur- 
suance of  a  specific  appropriation  made  by  law,  and  no  appropriation  shall 
be  for  a  longer  term  than  one  year." 

The  substitute  was  adopted  and  the  section  was  passed. 
Sec.  25  was  read. 

Mr.  Blunt  proposed  the  following  amendment:  Strike  out  "First  Tues- 
day in  January,"  and  insert  "first  Monday  in  December." 

[*60]  Mr.  Slough.  In  most  of  the  States,  former*ly,  it  has  been  the 
custom  for  their  Legislatures  to  meet  in  the  beginning  of  the  winter.  But 
in  view  of  the  fact  that  the  hofidays  occur  in  the  month  of  December,  when 
members  generally  go  home  to  their  famifies,  and  much  time  in  legislation 
was  lost  by  being  thus  broken  in  upon,  they  have  changed  the  time  to 
January.  And  I  object  to  the  amendment  because  it  is  better  for  business, 
as  well  as  the  interests  of  the  people,  that  the  session  should  continue  \vith- 
out  interruption. 

Mr.  Thacher.    I  should  prefer  the  2d  Tuesday  in  January. 

Mr.  Griffith.  I  suggest  this  difficulty.  I  presume  that  there  will 
come  into  the  Legislature  a  large  representation  from  the  farmers,  and  if 
the  time  for  opening  the  session  be  set  late  in  January,  the  session  will  be 
extended  so  far  into  the  spring  that  it  will  not  do  at  all  for  them.  The 
same  objection  would  apply  to  the  month  of  December.  The  farmers  could 
not  leave  before  the  first  of  January,  and  they  cannot  stay  longer  than 
March.    Then  for  a  sixty  days'  session  we  ought  to  begin  early  in  January. 

Mr.  Thacher.  The  way  we  have  it  fixed,  the  session  is  not  to  continue 
more  than  fifty  days. 

Mr.  Blunt.    I  withdraw  my  amendment. 

Mr.  Thacher's  amendment  was  rejected. 

Mr.  Thacher  moved  to  insert  "annually"  after  the  word  "commence," 


138  Convention  Proceedings  and  Debates. 

and  strike  out  "of  each  year";  which  was  adopted.  And  the  section  as 
amended  was  adopted. 

Section  26  was  read. 

Mr.  Graham  moved  to  amend  by  inserting  "1865"  in  place  of  "1861," 
and  inserting  "ten  years"  in  place  of  "five  years." 

Mr.  Burris  moved  to  insert  1863  in  place  of  1865. 

Mr.  Graham.  In  1860  the  census  will  be  taken  by  the  United  States, 
and  again  in  1870,  and  so  on.  And  if  we  take  our  census  in  1865,  1875,  &c., 
the  results  will  be  of  some  use. 

Mr.  BuRRis  preferred  taking  the  State  census  twice  between  the  times 
of  taking  the  United  States  census — say  in  1863  and  1868. 

Mr.  J.  Blood.  I  am  opposed  to  the  amendment  to  the  amendment,  and 
in  favor  of  fixing  the  time  at  1865,  and  striking  out  five  years  wherever  it 
occurs  in  the  original  section  and  inserting  ten  years. 

Mr.  Graham.    I  accept  that. 

Mr.  Thacher.  Our  State  is  filling  up  fast,  and  our  relative  population 
changes  much  more  than  the  population  of  the  older  States.  If  all  the  old 
States  want  a  census  once  in  ten  years,  as  the  gentleman  says,  once  in  five 
years  would  not  be  too  much  for  us.  But  I  think  1863  is  a  period  that 
will  satisfy  all;  and  then  let  it  be  regulated  by  the  Legislature  afterwards. 

Mr.  President  Winchell  offered  the  following,  by  way  of  substitute: 

Sec.  26.  An  enumeration  of  the  inhabitants  of  the  State  shall  be  taken 
in  1861,  and  in  1865,  and  every  ten  years  thereafter. 

Mr.  J.  Blood.  I  can  see  no  use  in  putting  the  State  to  the  expense  of 
taking  the  census  in  1861 — the  next  year  after  the  national  census. 

The  substitute  was  rejected. 

Mr.  Burris'  amendment  was  also  rejected. 

Mr.  Graham's  amendment,  as  modified,  was  adopted,  and  so  the  section 
passed. 

Section  27  was  read. 

Mr.  Winchell  moved  to  strike  out  "Legislature,"  and  insert  "House  of 
Representatives,"  and  strike  out  the  words  "the  sole  i)ower  of  impeach- 
ment," and  insert  the  words  "to  impeach." 

Mr.  Stinson.  What  is  the  object  of  that?  As  I  understand  the  word 
impeachment,  it  is  presentation  and  trial.  I  would  inquire  whether  pres- 
entation and  trial  should  be  had  before  the  House  of  Representatives? 

Mr.  Winchell.    A  difi"erent  conclusion  is  reached  among  the  lawyers  in 
regard  to  the  word  impeachment.     If  the  gentleman  has  given  the  legal 
meaning  of  this  word,  I  should  desire  a  different  word  here. 
[*61]     *Mr.  Thacher.    This  provision  is  copied  from  the  New  York  Con- 
stitution. 

Mr.  Stinson.  Mr.  Webster  says  of  the  word:  "In  the  United  States 
it  is  the  right  of  the  House  of  Representatives  to  impeach,  and  of  the  Sen- 
ate to  try  and  determine  the  impeachment." 

Mr.  Slough.  The  gentlemen  might  amend  by  striking  out  "of  impeach- 
ment," and  inserting  "to  impeach,"  so  that  it  shall  read,  "the  House  shall 
have  the  sole  power  to  impeach." 

Mr.  Thacher  read  the  section  in  the  New  York  Constitution. 

Mr.  Stinson.  Every  attempt  to  alter  the  phraseology  makes  confusion. 
The  word  means  not  only  the  presentation,  but  the  right  to  try,  the  trial 


Wednesday,  July  13,  1859.  139 

itself.  It  consists  not  merely  in  the  presentation.  If  you  stop  short  of  the 
trial  then  there  is  no  impeachment.  Then  I  contend  that  you  must  go 
beyond  the  House  of  Representatives,  or  the  other  matter  of  the  section  will 
be  rendered  nugatory.  It  seems  to  me  that  the  sense  of  the  section  cannot 
be  rendered  as  clear  by  any  other  phraseology,  as  by  that  which  it  now  is. 

Mr.  Slough.  The  amendment  wliich  I  have  proposed  would  render  the 
sense  very  clear.  The  word  "impeach"  is  "to  accuse."  Then  the  one 
House  will  impeach  and  the  other  will  hear  the  trial. 

Mr.  WiNCHELL.  For  all  I  can  see,  this  amendment  is  right.  Either  it  is 
correct,  or  the  Constitution  of  the  State  of  New  York  is  wrong.  That  the 
construction  of  the  gentleman  from  Leavenworth  (Mr.  Slough)  is  proper 
I  have  no  doubt.    I  have  accepted  the  amendment  he  suggested. 

Mr.  Thacheh.  Under  the  similar  provision  in  the  New  York  Constitu- 
tion, there  was  the  trial  of  Canal  Commissioner  Mather:  he  was  impeached 
by  the  Assembly  and  tried  by  the  Senate. 

Mr.  Winchell's  amendment  was  adopted,  and,  as  thus  amended,  the 
section  was  passed. 

Section  28  was  read. 

Mr.  Slough  proposed  the  correction  of  a  clerical  error,  inserting  the 
word  "under"  instead  of  the  word  "of."    Without  this  correction,  the  sec- 
tion would  not  include  judicial  officers  who  are  not  elected  by  the  State  at 
large.    It  was  for  the  purpose  of  covering  the  district  judges  that  he  moved 
•  to  strike  out  the  word  "of"  and  insert  the  word  "under." 

Mr.  Kingman.  It  is  "under"  in  my  copy.  But  if  it  is  under,  of  course 
there  must  be  something  to  cover  it.     (Laughter). 

Mr.  BuRRis.  Would  it  not  be  better  to  read  "under  this  Constitution?" 
I  propose  that  modification. 

The  amendment  was  agreed  to,  and  so  the  section  was  passed. 

Mr.  McClelland  submitted  the  following  as  an  additional  section  to  the 
report. 

"Sec.  29.  All  laws  creating  new  counties,  changing  county  lines,  or  re- 
moving county  seats  shall,  before  taking  effect,  be  submitted  to  the 
electors  of  the  several  counties  to  be  affected  thereby,  at  the  next  general 
election  after  the  passage  thereof,  and  be  adopted  by  a  majoritj'  of  all  the 
electors  voting." 

Mr.  Simpson.  That  is  incorporated  in  the  report  of  the  Committee  on 
County  and  Township  Organization. 

Mr.  McClelland.    I  have  noticed  such  a  provision  in  this  i)art  of  the 
•Constitution  of  other  States. 

Mr.  Ritchie.  We  have  a  similar  provision.  I  state  this  as  Chairman  of 
the  Committee  on  County  and  Township  Organization,  and  move  to  lay  the 
section  on  the  table. 

The  motion  was  agreed  to. 

The  Committee  then  rose,  reported  the  bill  to  the  Convention,  with  the 
foregoing  amendments,  and  recommended  their  adoption. 

On  the  motion  of  Mr.  Th.acher,  the  Convention  proceeded  to  take 
up  the  consideration  of  this  report  of  the  Committee  of  the  Wliole: 
[*62]     -and  it  was  ordered  to  be  considered,  section  by  section. 

Section  1,  as  amended,  was  read  and  adopted. 

Section  2  being  read — 


140  Convention  Proceedings  and  Debates. 

Mr.  McDowell  moved  to  strike  out  "75"  and  insert  "50"  for  the  num- 
ber of  members  of  the  House  of  Representatives  and  called  for  the  yeda 
and  nays  on  the  question. 

The  yeas  and  nays  being  seconded,  ordered  and  taken,  resulted — yeas  14, 
nays  38^ — as  follows:  ' 

Yeas — Messrs.  Arthur,  Brown,  Barton,  Foster,  Greer,  Hippie,  Hubbard, 
May,  Moore,  McDowell,  McCune,  Slough,  Stinson,  Wrigley — 14. 

Nays — Messrs.  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood,  Crocker, 
Dutton,  Forman,  Graham,  Griffith,  Hutchinson,  Hanway,  Hoffman,  Hous- 
ton, Ingalls,  Kingman,  Lillie,  Lamb,  Middleton,  McClelland,  McCullough, 
Preston,  Palmer,  Perry,  Parks,  Porter,  Ritchie,  Ross,  Signor,  Stiarwalt, 
Stokes,  Simpson,  Thacher,  Townsend,  J.  Wright,  T.  S.  Wright,  Wilhams, 
Mr.  President— 38. 

So  the  motion  was  rejected,  and  the  section  passed  as  amended  in  corn- 
mittee  of  the  whole. 

Section  3  being  read — 

Mr.  PoRTEK  proposed  to  strike  out  aU  after  the  word  "meeting,"  which 
was  rejected. 

The  section  was  then  passed. 

Section  4  was  read  and  passed. 

Section  5  being  read — 

Mr.  PREsmENT  WiNCHELL  (Mr.  Thacher,  the  President  pro  tempore  in 
the  chair).  These  words  "except  postmasters,"  which  were  inserted  in 
committee  of  the  whole,  should  not  be  here.    A  postmaster  is  not  an  officer. 

On  motion  by  Mr.  Greer,  these  words  were  stricken  out:  and  so  the 
section  passed. 

Section  6  was  read  and  passed. 

Section  7  being  read — 

Mr.  Lillie  made  an  ineffectual  motion  to  restore  the  word  "subscribe," 
which  was  stricken  out  in  committee  of  the  whole:  and  then  the  section 
passed. 

Section  8  being  read — 

Mr.  McDowell.  I  propose  to  amend  by  striking  out  all  of  this  section 
after  the  word  "members."  I  make  that  motion  in  view  of  a  rejiort  that 
will  be  before  the  Convention  in  a  few  hours,  which  does  away  with  the 
office  of  Lieutenant  Governor. 

The  motion  was  rejected. 

Mr.  Blunt  proposed  to  insert,  after  the  word  "member,"  these  words: 
"shall  punish  for  contempt  or  disorderly  behavior,  and  may,  with  the  con- 
currence of  two-thirds,  expel  a  member,  but  no  member  shall  be  expelled  a 
second  time  for  the  same  offense."     (No  second.) 

Mr.  Ritchie.  I  propose,  after  the  word  "President,"  to  insert  the 
words  "of  their  number." 

The  amendment  was  agreed  to,  and  so  the  section  passed. 

Sections  9,  10,  11,  were  read  and  passed. 

Section  12  being  read — 

Mr.  Parks  moved  as  a  substitute  the  following^- (the  same  as  in  the 
original  section) : 

"Bills  may  originate  in  either  House,  and  all  bills  passed  by  one  House 
may  be  amended  or  rejected  by  the  other." 


Wednesday,  July  13,  1859.  141 

Mr.  Stinson  moved  to  lay  the  substitute  on  the  table:  and  the  yeas 
and  nays  being  demanded  and  taken  the  vote  stood — yeas  37,  nays  12 — ^as 
follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Brown,  Barton,  J.  Blood,  N.  C. 
Blood,  Crocker,  Button,  Foster,  Griffith,  Hippie,  Hutchinson,  Hanway, 
Hoffman,  Houston,  Lillie,  Lamb,  Aliddleton,  May,  McDowell,  McCune,  Mc- 
Clelland, McCullou<ih,  Preston.  Porter,  Ritchie,  Ross,  Signor,  Slough,  Stin- 
spn,  Stokes,  Simpson,  Townsend,  T.  S.  Wright,  Williams,  Mr.  President — 37. 

^Nays — Messrs.  Burris,  Forman,  Graham,  Greer,  Hubbard,  Ingalls,  King- 
man, Moore,  Palmer,  Parks,  Thacher,  J.  Wright,  Wrigley — 13. 

So  the  substitute  was  laid  on  the  table,  and  the  section  passed. 

[*63]     *Section  13  being  read — 

Mr.  Wrigley  moved  to  strike  out  the  words  "elected  to,"  and  insert 
"present  in." 

Mr.  Wrigley.  The  object  is  to  facilitate  business.  It  seems  to  me  that 
there  might  be  present  a  quorum  to  do  business,  and  yet,  with  this  clause 
requiring  a  majority  of  the  members  elected  even  a  large  majority  of  the 
qltbrum  could  not  pass  a  bill.  Suppose  you  have  50  members  of  the  House 
— 26  could  not  pass  a  bill.  Suppose  you  have  25  members  of  the  Senate,  and 
fiye  are  absent,  leaving  20  in  their  places  to  do  business — 12  of  that  num- 
ber could  not  pass  a  bill.  A  minority  of  eight  senators  might  prevent  the 
passage  of  any  measure.  It  seems  to  me  the  Convention  cannot  adopt 
anything  so  monstrous. 

•^Mr.  Slough.  This  section  requires  that  a  majority  of  all  the  members 
elected  to  each  House  shall  pass  favorably  upon  any  matter  before  it  shall 
become  a  law.  So  that  in  a  House  of  a  hundred  members,  no  mere  ma- 
jority of  a  quorum,  as  26  or  27  members,  could  pass  laws,  but  it  would 
require  51  members,  or  a  majority  of  the  whole  number  elected.  In  sev- 
eral of  the  States  this  provision  has  been  found  a  great  safeguard;  for 
without  such  a  Constitutional  provision  it  has  frequently  happened  that 
members  watching  their  opportunity  when  the  House  was  thin,  have  picked 
up  a  bill  and  passed  it,  when  if  a  majority  of  the  whole  body  elected  had 
been  present,  it  would  not  have  been  done. 

Mr.  President  Winchell.  Upon  the  first  statement  of  the  case  by  the 
gentleman  from  Doniphan  (Mr.  Wrigley)  I  confess  that  I  was  ready  to 
concur  in  his  view:  but  hearing  the  argument  of  the  gentleman  from 
Leavenworth,  1  am  now  satisfied  that  he  is  correct.  It  is  certainly  im- 
portant to  secure  the  principle,  that  the  assent  of  a  majority  of  all  the 
members  elected  shall  be  necessary  to  the  passage  of  a  law. 

On  motion  by  Mr.  McDowell,  the  amendment  was  laid  on  the  table,  and 
the  section  was  passed  without  amendment. 
Section  14  being  read — 

,Mr.  McDowell.  Mr.  President,  1  expect,  sir,  in  the  motion  I  am 
about  to  make,  I  shall  stand  in  a  very  respectable  minority  in  this  Con- 
vention ;  but  believing  I  am  right  in  the  motion,  I  shall  make  it  and  demand 
the  yeas  and  nays.  My  motion  is  that  section  14.  which  gives  to  the  Gov- 
ernor the  veto  power,  be  stricken  out. 

Mr.  Stinson  moved  to  lay  this  motion  on  the  table. 

Mr.  McDowell  demanded  the  yeas  and  nays,  and  the  same  being  sec- 
onded, ordered  and  taken,  resulted — yeas  38,  nays  11 — as  follows: 
•  Yeas— ^Messrs.  Arthur,  Burnett,  Blunt,  Barton,  Burris,  J.  Blood,  N.  C. 
Blood,  Crocker,  Dutton,  Foster,  Forman,  Graham,  Greer,  Hippie,  Hub- 


142  Convention  Proceedings  and  Debates. 

bard,  Hutchinson,  Hanway,  Hoffman,  Ingalls,  Lillie,  Lamb,  Middleton,  May, 
Moore,  McCune,  McClelland,  Preston,  Palmer,  Parks,  Porter,  Ross,  Slough, 
Stinson,  Stokes,  Thacher,  Townsend,  Wrigley  and  WilUams — 38. 

Nays — Messrs.  Brown,  Greer,  Houston,  Kingman,  McDowell,  McCul- 
lough,  Ritchie,  Signor,  Simpson,  T.  S.  Wright  and  Mr.  President — 11. 

So  the  motion  was  laid  on  the  table. 

Mr.  BuRRis  offered  the  following: 

I  move  to  amend  section  14  ])y  striking  out  the  word  "two-thirds" 
wherever  the  same  occurs,  and  inserting  in  heu  thereof  the  words  "a  ma- 
jority."   . 

On  motion  by  Mr.  Stinson,  it  was  laid  on  the  table. 
Mr.  Hutchinson  moved  to  strike  out  the  word  "elected,"  in  lines  43, 
44:  which  motion,  on  the  motion  of  Mr.  Slough,  was  laid  on  the  table. 
Mr.  Blunt  offered  the  following: 

Strike  out  all  after  the  word  "bill"  in  the  42d  line,  to  the  word  "elected" 
in  the  44th  line,  and  insert  the  following: 

[*64]  "If  after  such  reconsideration  a  majority  of  *the  members  elected  to 
the  House  of  Representatives  shall  agree  to  pass  the  bill,  it  shall  be  sent 
with  his  objections  to  the  Senate,  by  which  it  shall  likewise  be  reconsidered, 
and  if  approved  by  a  majority  of  all  the  members  elected  to  that  body  it 
shall  become  a  law." 

On  motion  by  Mr.  Slough,  it  was  laid  on  the  table. 

Mr.  BuRRis.  To  make  this  language  consistent,  I  move  to  strike  out  the 
words  "other  House,"  and  insert  the  word  "Senate." 

It  was  agreed  to. 

Mr.  Greer  moved  to  insert  "majority"  in  jilace  of  "two-thirds." 

The  President  pro  tempore.    That  motion  is  not  in  order — the  Con- , 
vention  having  once  rejected  it. 

Section  14,  as  amended,  was  then  passed. 

Section  15  being  read — 

Mr.  Ross  moved  to  amend,  by  adding  the  following: 

"No  bill  shall  be  considered,  until  the  same  shall  have  been  printed  for 
the  use  of  members." 

On  motion  by  Mr.  Slough  it  was  laid  on  the  table;  and  the  section 
adopted  without  amendment. 

Sections  IG  and  17  were  read  and  adopted. 

Section  IS  being  read — 

Mr.  Slough  moved  to  strike  out  all  after  the  word  "association,"  in 
hne  57. 

Mr.  President  Winchell.  I  would  like  to  know  whether  it  is  con- 
templated that  the  article  on  banking  is  to  be  submitted  to  the  people, 
separately,  with  the  Constitution,  or  whether  any  banking  law  that  may 
be  passed  by  the  Legislature  shall  be  submitted?  I  understand  from  the 
sentleman  who  introduced  the  section  added  to  the  article  on  banking, 
that  it  is  not  contemplated  to  submit  the  article,  but  that  no  banking  act 
of  the  Legislature  shall  be  a  law  until  it  shall  be  submitted  and  ratified. 
This,  I  think,  will  sufficiently  guard  this  matter. 

Mr.  Slough.  I  am  satisfied,  Mr.  President,  that  it  is  not  necessary  to 
strike  out  these  words,  and  withdraw  the  motion. 


Wednesday,  July  13,  1859.  143 

The  section  was  passed  without  amendment. 
Section  19  being  read — 

Mr.  President  Winchell.  The  intention  here  is  that  the  Legislature 
shall  publish  the  laws  within  a  reasonable  time.  To  avoid  our  experience 
with  regard  to  the  Territorial  Legislature  publishing  the  laws  at  the  pleas- 
ure of  the  House,  I  would  say  here,  that  they  shall  be  published  within  a 
certain  time,  or  immediately.  (Agreed,  agreed.)  The  section  reads,  "The 
Legislature  shall  have  power  to  publish  the  laws."'  I  would  prefer  a  change 
of  this  language. 

Mr.  Stinson  proposed  the  following: 

"The  Legislature  shall  provide  by  law  for  the  speedy  pubHcation  of  the 

laws." 

Mr.  Preston  suggested  the  words  "and  distribution." 

Mr.  Wrigley  moved  as  a  substitute  for  the  amendment,  the  following: 

"The  Legislature  shall  prescribe  the  time  when  its  acts  shall  be  in  force, 
and  authorize  the  speedy  pubhcation  of  the  same,"  which  was  adopted. 

Mr.  Stinson.  That  obviates  the  objection  advanced  in  Committee  of 
the  Whole — that  the  people  shall  never  be  placed  in  the  position  of  not 
knowing  the  laws.  I  would  suggest  that  these  words  be  added:  "And  no 
law  of  a  general  nature  shall  be  in  force  till  after  it  shall  be  published." 

Mr.  Greer  moved  ineffectually  to  commit  the  section  again  to  the  Com- 
mittee on  the  Legislative  Department. 

Mr.  President  Winchell  suggested  the  words  "provide  for,"  instead  of 
"authorize." 

Mr.  W^RiGLEY  accepted,  and  the  section  as  amended  was  adopted,  and  so 
passed. 

Section  20  being  read — 

Mr.  Wrigley  moved  to  amend  by  substituting:  "Be  it  enacted  by  the 
commonwealth  of  Kansas,  represented  in  Senate  and  House  of  Representa- 
tives, as  follows : " 

[*65]     ^-On  motion  by  Mr.  Slovgh,  it  was  laid  on  the  table,  and  the  sec- 
tion was  then  adopted. 

Section  21  being  read, 

Mr.  President  Winchell.  There  was  a  motion  made  in  Committee  of 
the  Whole  to  strike  out  this  section,  which  did  not  prevail;  and  I  think 
the  motion  should  be  made  again  in  the  Convention.  I  take  it,  that,  unless 
there  is  a  prohibition,  the  Legislature  has  this  power  to  authorize  coimty 
legislation.    I  move  to  strike  out  the  section,  as  surplusage. 

Mr.  Grah.\m.  I  call  for  the  reading  of  the  first  section  in  the  bill,  as  my 
speech  upon  this  motion. 

The  Secretary  read — "Section  1.  The  Legislative  power  of  the  State 
shall  be  vested  in  a  Senate  and  House  of  Representatives." 

Mr.  President  Winchell.  I  do  not  understand  how  that  has  any 
bearing  on  the  legislative  power  of  the  counties. 

Mr.  Graham.  We  delegate  that  power  to  the  Legislature,  and  having 
once  delegated  it,  we  cannot  delegate  again  to  the  County  Boards  the  same 
power  we  have  delegated  to  the  Legislature. 

Mr.  Lillie.  I  think  this  power  should  be  express.  I  do  not  apprehend 
that  the  Legislature  can  confer  any  power  without  a  clause  authorizing 
them  to  do  so. 


144  Convention  Proceedings  and  Debates. 

Mr.  WiNCHELL.  If  the  lawyers  are  against  me,  I  will  withdraw  the 
motion. 

Mr.  Stinson.    I  move  to  strike  out  section  21. 

.   Mr.  Wrigley  moved  to  lay  this  motion  on  the  table,  and  it  was  agreed 
to  on  a  di\dsion — affirmative  17,  negative  6. 
^-  Mr.  Greer  moved  to  substitute  for  the  section — 

"The  Legislature  shall  confer  upon  the  tribunals  transacting  coimty 
business  of  the  several  counties — such  administrative  powers  as  it  may 
deem  expedient." 

On  motion  by  Mr.  Wrigley,  the  substitute  was  laid  on  the  table. 

■  The  section  was  then  passed. 

Section  22  being  read, 

Mr.  Hutchinson.  Is  that  sufficiently  explicit  to  protect  members  from 
arrest  by  legal  process? 

The  President  pro  tern-pore.    I  am  of  opinion  it  is. 

So  the  section  passed. 

Section  23  being  read, 

Mr.  President  Winchell  moved  its  adoption. 

Mr.  Slough  demanded  the  yeas  and  nays,  and  there  being  a  second,  the 
vote  stood  yeas  28,  nays  21,  as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  J.  Blood;  N.  C.  Blood,  Crocker,  But- 
ton, Griffith,  Hutchinson,  Hanway,  Houston,  Ingalls,  Lillie,  Lamb,  Mid- 
dleton,  iMcClelland,  McCullough,  Preston,  Palmer,  Porter,  Ritchie,  Ross, 
Signor,  Stokes,  Thacher,  Townsend,  T.  S.  Wright,  WiUiams,  Mr.  Presi- 
dent—28. 

Nays — Messrs.  Blunt,  Brown,  Barton,  Burris,  Foster.  Forman,  Graham, 
Greer,  Hippie,  Hubbard,  Kingman,  May,  Moore,  McDowell,  McCune, 
Parks,  Stinson,  Simpson,  Wright — 21. 

So  the  section  was  then  adopted. 

Sections  24,  25,  26  (is  27  omitted  by  mistake?— E'rf.),  28,  were  read  and 
adopted. 

The  report  having  been  thus  passed  upon  by  the  Convention — 

Mr.  Blunt  mo"\"ed  to  insert  the  following  additional  section: 

"Section  29.  Each  house  may  punish  for  contempt  or  disorderly  con- 
duct, and  with  the  concurrence  of  two-thirds  of  the  members  elected,  expel 
a  member — but  no  member  shall  be  expelled  a  second  time  for  the  same 
cause." 

Mr.  Blunt.  This  is  the  same  I  offered  in  the  committee.  It  appears  to 
me  doubly  necessary.  Gentlemen  may  take  the  view  of  the  question  that 
the  provision  of  the  Constitution  which  gives  the  Legislature  power  to 
adopt  rules  and  regulations  for  its  own  government  covers  this  ground. 
But  I  do  not  conceive  that  to  be  the  case :  and  I  believe  that  for  the  Legis- 
lature to  expel  a  member  without  such  authority  in  the  Constitution,  the 
[*66]  act  would  be  nugatory.  1  find  this  pro*vision  in  many  State  Con- 
stitutions. I  could  hope  that  no  contingency  would  arise  for  the  exercise 
of  this  authority.  Still  it  could  do  no  harm.  And  then  if  it  should  be 
requisite  to  expel,  there  would  be  the  authority.  Gentlemen  may  take  ex- 
ception to  the  last  clause — "No  member  shall  be  expelled  a  second  time  for 
the  same  cause."    The  Convention  will  remember  the  case  in  Congress  two 


Wednesday,  July  13,  1859.  145 

years  ago  requiring  such  a  provision,  thai  of  Mr.  Matteson,  of  New  York, 
who  had  been  expelled  by  a  previous  Congress,  and  it  was  attempted  to 
trj'  and  expel  him  again  for  the  same  offense.  I  think  gentlemen  will  see 
the  necessity  of  incorporating  some  such  provision:  and  although  the 
Legislature  may  never  be  placed  in  a  position  to  assume  it,  still,  if  there 
should  be  occasion,  they  ought  to  have  the  right  to  exercise  it. 

Mr.  McDowell.  1  believe  this  belongs  to  the  power  conferred  for 
making  rules,  and  I  therefore  move  that  the  gentleman's  section  be  laid  on 
the  table. 

The  motion  was  agreed  to. 

On  motion  by  Mr.  Slough,  it  was  ordered,  That  this  chapter  reported 
from  the  Committee  on  the  Legislative  Department,  as  amended,  be  referred 
to  the  Committee  on  Arrangement  and  Phraseology,  and  printed. 

THE   JUDICIARY. 

Mr.  Kingman  (by  unanimous  consent),  from  the  Committee  on  the 
Judiciary,  submitted  the  following  report: 

Section  1.  The  Judicial  power  of  this  State  shall  be  vested  in  a 
Supreme  Court,  District  Courts,  Probate  Courts,  Justices  of  the  Peace, 
and  in  such  other  Courts,  inferior  to  the  Supreme  Court,  as  may  be  pro- 
vided by  law. 

Sec.  2.  The  Supreme  Court  shall  consist  of  three  Judges,  a  majority  of 
whom  shall  constitute  a  quorum.  They  shall  be  elected  by  the  electors  of 
the  State  at  large,  and  in  the  first  election  under  tliis  Constitution,  shall  be 
chosen  as  follows:  One  for  two  years,  one  for  four  years  and  one  for  six 
years,  and  every  two  years  thereafter  one  Judge  of  said  Court  shall  be 
elected  for  the  term  of  six  years. 

Sec.  3.  The  Supreme  Court  shall  have  original  jurisdiction  in  proceed- 
mgs  in  quo  warranto,  mandamus,  habeas  corpus,  and  such  appellate  juris- 
diction as  ma}'  be  provided  by  law.  It  shall  hold  one  term  in  each  year  at 
the  seat  of  Government  and  such  other  terms  at  said  place  or  elsewhere, 
as  may  be  provided  by  law,  and  the  jurisdiction  of  said  Court  shall  be  co- 
extensive with  the  State. 

Sec.  4.  There  shall  be  appointed,  by  the  Judges  of  the  Supreme  Court, 
a  Clerk  of  said  Court,  who  shall  hold  his  office  two  years,  and  whose  duties 
shall  be  prescribed  by  law. 

Sec.  5.  The  Supreme  Court  shall  appoint  a  Reporter,  who  shall  hold 
his  office  for  two  years,  and  whose  duties  shall  be  prescribed  by  law. 

Sec.  6.  The  State  shall  be  divided  into  five  Judicial  Districts,  in  each 
of  which  there  shall  be  elected,  by  the  electors  thereof,  a  District  Judge 
who  shall  hold  his  office  for  the  term  of  four  years.  District  Courts  shall 
be  held  by  such  Judges,  in  such  Districts,  and  at  such  times  and  in  such 
places,  as  may  be  provided  by  law. 

Sec.  7.  The  District  Courts  shall  ha\-e  jurisdiction  in  their  respective 
districts  as  may  be  provided  by  law. 

Sec.  8.  There  shall  be  elected  in  each  county,  one  Clerk  of  the  District 
Court,  who  shall  hold  his  office  for  the  term  of  four  years;  who  shall  be 
clerk  of  all  other  inferior  Courts  of  Record  in  such  county,  except  the 
Probate  Court. 

Sec.  9.  There  shall  be  a  Probate  Court  in  each  county,  which  shall  be 
a  Court  of  Record,  and  have  such  Probate  jurisdiction  and  care  of  estates 
of  deceased  persons,  minors,  and  persons  of  imsound  mind,  as  may  be  pre- 

10 — 778 


146  CoN\'ENTioN  Proceedings  and  Debates. 

scribed  by  law;  and  shall  have  jurisdiction  in  cases  of  habeas  corpus.  This 
Court  shall  consist  of  one  Judge,  who  shall  be  elected  by  the  qualified 
voters  of  the  county  and  hold  his  office  for  two  years.  He  shall  be  his  owti 
clerk,  and  shall  hold  courts  as  often  as  may  be  prescribed  by  law.  The 
[*67]  com*pensation  of  such  Judge  shall  be  such  fees  as  may  be  pre- 
scribed by  law. 

Sec.  10.  One  Justice  of  the  Peace  shall  be  elected  in  each  township, 
whose  term  of  office  shall  be  two  years,  and  whose  powers  and  duties  shall 
be  prescribed  by  law.  The  number  of  Justices  of  the  Peace  may  be  in- 
creased in  any  township  as  may  be  prescribed  by  law. 

Sec.  11.  All  appeals  from  Probate  Courts  and  Justices  of  the  Peace 
shall  be  to  the  Distnct  Court. 

Sec.  12.  All  the  Judicial  officers  provided  for  by  this  article  shall  be 
elected  at  the  first  election  held  under  this  Constitution,  and  shall  reside 
in  their  respective  townships,  counties  or  districts  during  their  respective 
terms  of  office.  In  case  of  vacancy  in  any  judicial  office,  it  shall  be  filled 
by  appointment  of  the  Governor  until  the  next  general  election  that  shall 
occur  more  than  thirty  days  after  such  vacancy  shall  have  happened. 

Sec.  13.  All  judicial  officers  shall  hold  their  offices  until  their  successors 
have  been  qualified  according  to  law. 

Sec.  14.  The  Judges  of  the  Supreme  and  District  Courts  shall,  at  stated 
times,  receive  for  their  services  such  compensation  as  may  be  provided  by 
law,  which  shall  not  be  increased  during  their  term  of  office:  Provided, 
such  compensation  shall  not  be  less  than  two  thousand  dollars  each  year, 
and  such  Judges  shall  receive  no  fees  or  perquisites,  nor  hold  any  office  of 
profit  or  trust  under  the  authority  of  this  State,  or  the  United  States,  dur- 
ing the  term  of  office  for  which  such  Judges  shall  be  elected,  nor  practice 
law  in  any  Courts  in  this  State  during  their  continuance  in  office. 

Sec.  15.  Provision  may  be  made  by  law  for  the  increase  of  the  number 
of  Judicial  Districts  whenever  two-thirds  of  the  members  of  each  House 
shall  concur  therein.  Such  District  shall  be  formed  of  compact  territory 
and  bounded  by  county  lines,  and  such  increase  shall  not  vacate  the  office 
of  any  judge. 

Sec.  16.  Judges  may  be  removed  from  office  by  concurrent  resolution 
of  both  Houses,  if  two-thirds  of  the  members  of  each  House  concur  therein. 
But  no  such  removal  shall  be  made  except  upon  complaint,  the  substance 
of  which  shall  be  entered  on  the  Journal,  nor  until  the  party  charged  shall 
have  had  notice  thereof  and  an  opportunity  to  be  heard. 

Sec.  17.  The  several  Judges  of  Courts  of  Record  in  this  State  shall  have 
such  jurisdiction  at  chambers  as  may  be  provided  by  law. 

Sec.  18.  The  style  of  all  process  shall  be  "The  State  of  Kansas,"  and 
■dl  prosecutions  shall  be  carried  on  in  the  name  and  by  the  authority  of 
the  State  of  Kansas. 

Sec.  19.  Until  otherwise  provided  by  law,  the  first  district  shall  con- 
sist of  the  counties  of  Wyandotte,  Leavenworth,  Jefferson  and  Jackson. 
The  2d  district  shall  consist  of  the  counties  of  Atchison,  Doniphan,  Brown, 
Nemaha,  Marshall  and  Washington.  The  third  district  shall  consist  of  the 
counties  of  Pottawatomie,  Riley,  Clay,  Dickinson,  Davis,  Waubonse  and 
Shawnee.  The  4th  district  shall  consist  of  the  coimties  of  Douglas.  John- 
son, Lykins,  Franklin,  Anderson,  Linn,  Bourbon  and  Allen.  The  5th  dis- 
trict shall  consist  of  the  counties  of  Osage,  CoiTey.  Woodson,  Greenwood, 
MacUson,  Breckenridge,  Morris,  Chase,  Butler  and  Hunter. 


Wednesday,  July  13,  1859.  147 

Sec.  20.  New  or  unorganized  counties  shall,  by  law,  be  attached,  for 
Judicial  purposes,  to  the  most  convenient  Judicial  District. 

Sec.  21.  Provision  shall  be  made  by  law  for  the  selection,  by  the  Bar, 
of  a  pro  tem.  Judge  of  the  District  Court,  when  the  Judge  thereof  is  ab- 
sent or  otherwise  unable  or  cUsqualified  to  sit  in  any  case. 

On  motion  by  Mr.  Slough,  this  report  was  made  the  special  order  for 
to-morrow  morning  at  8  o'clock. 

THE    MILITIA. 

Mr.  Blunt,  from  the  Committee  on  ]\Iilitia,  submitted  the  following 
report: 

[*68]  ^Section  1.  The  militia  shall  be  composed  of  all  able-bodied,  white 
male  citizens  between  the  ages  of  twenty-one  and  forty-five  years,  except 
such  as  are  exempted  by  the  laws  of  the  United  States,  or  of  this  State; 
but  all  such  citizens  of  any  religious  denomination  whatever,  who,  from 
scruples  of  conscience,  may  be  averse  to  bearing  arms,  shall  be  exempted 
therefrom,  upon  such  conditions  as  shall  be  prescribed  by  law. 

Sec.  2.  The  Legislature  shall  provide  by  law  for  organizing,  equipping 
and  disciplining  the  Militia  in  such  manner  as  they  shall  deem  expedient — 
not  incompatible  with  the  laws  of  the  United  States. 

Sec.  3.  Officers  of  the  militia  shall  be  elected  or  appointed  and  be  com- 
missioned in  such  manner  as  may  be  provided  by  law. 

Mr.  Slough  moved  it  be  made  one  of  the  special  orders  for  to-morrow 
morning. 

Mr.  Kingman  moved  as  an  amendment  that  the  report  be  considered 
now. 

The  latter  motion  was  agreed  to,  and  the  report  was  taken  up. 

The  first,  second  and  third  sections  having  been  read  by  the  Secretary, 
and  passed — 

Mr.  Slough  moved  as  an  additional  section— 

"Sec.  4.  The  Governor  shall  have  power  to  .'all  forth  the  miMtia  to 
execute  the  laws  of  the  State,  to  suppress  insurrections,  and  repel  invasion. 
And  he  shall  be  Commander-in-Chief  of  the  mihtia." 

The  section  was  adopted. 

Mr.  Ritchie  moved  to  strike  out  the 'word  "white"  from  the  first  line 
of  the  report. 

Mr.  May  moved  to  lay  the  motion  on  the  table,  and  the  yeas  and  nays 
being  demanded  and  taken  thereon,  the  vote  stood  yeas  42,  nays  &,  as 
follows : 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Barton,  Brown.  Burris,  Blood, 
N.  C.  Crocker,  Dutton,  Foster,  Forman,  Graham,  Greer,  Griffith,  Hippie, 
Hubbard,  Hanway,  Hoffman.  Insalls.  Kino-man.  Li^Ue,  Lamb,  Middleton, 
May,  Moore,  McDowell,  McCune,  McClelland,  Palmer,  Parks,  Porter, 
Ross,  Signor,  Slough,  Stinson,  Simpson,  Thacher,  Townsend,  Wrigley,  T.  S. 
Wright,  Williams— 42. 

Nays — Messrs.  Hutchinson,  Houston,  McCuUough,  Preston,  Ritchie. 
Stokes — 6. 

So  the  amendment  was  laid  on  the  table. 

The  report  was  then  adopted  as  a  whole,  and — 

On  motion  by  Mr.  Slough,  it  was  referred  to  the  Committee  on 
Phraseo^Q-^  and  Arrangement. 

The  Convention  then  adjourned  till  to-morrow  morning  at  0  o'clock. 


148  CoxvEXTiox  Proceedings  and  Debates. 

Thursday,  July  14. 
The  Convention  met  at  9  o'clock  a.  m. 

Prayer  by  the  Chaplain. 

The  roll  was  called  and  Messrs.  Houston,  Preston  and  Perry  reported  a.s 
absent. 

The  journal  of  yesterday  was  read  by  the  Secretary  and  approved. 

THE    secretary's    JOURNAL. 

Mr.  Slough.  I  rise  for  the  purpose  of  making  suggestions  with  refer- 
ence to  the  manner  of  making  up  the  Secretary's  journtil.  It  seems  to  me 
the  record  is  not  complete,  for  when  a  report  is  referred  to  the  Committee 
of  the  Whole,  whole  sections  are  sometimes  stricken  out  and  others  sub- 
stituted. The  substitute,  or  rather  the  section  as  amended  is  all  that  is 
read  by  the  clerk  to  the  Convention  and  then  passed  upon.  These  do  not 
appear  as  a  matter  of  record.  It  seems  to  me  that  this  part  of  the  report 
should  be  made  more  full.  As  it  is  we  have  no  minute  to  show  that  such 
changes  were  made,  and  it  seems  to  me  proper  that  in  amendments  coming 
to  the  Convention  [from]  the  Committee  of  fhe  Whole,  the  section  as 
amended  should  be  made  part  of  the  report.  I  simply  make  this  as  a  sug- 
gestion. 

The  President.  The  chair  would  state  that  he  understands  one  object 
of  the  Committee  of  the  Whole  to  be  to  avoid  the  insertion  of  so 
[*69]  *much  matter  in  the  journal  report — to  avoid  making  it  too  volu- 
minous. This  is,  however,  as  a  matter  of  course,  in  the  discretion  of  the 
Convention,  and  any  directions  they  give  will  be  carried  out  by  the  Sec- 
retary. 

Mr.  Slough.  I  make  the  suggestion  that  the  clerk  may  see  the  neces- 
sity of  it,  and  make  the  report  as  full  as  possible.  The  only  record  he  now 
makes  is  the  report  of  proceedings  in  the  Convention  and  the  amendments 
offered  in  Committee  of  the  Whole  are  not  shown,  and  cannot  be  unless 
he  makes  a  fuller  report. 

The  President.  The  Chair  is  informed  by  the  Secretary  that  he 
keeps  a  complete  record  and  that  goes  to  the  Official  Reporter,  and  is 
embodied  in  his  report. 

THE   JLT)ICIARY. 

The  President.  The  special  order  for  this  hour  is  the  consideration 
of  the  report  from  the  committee  on  Judiciary. 

On  motion  by  Mr.  Slough,  the  Convention  resolved  itself  into  a  Com- 
mittee of  the  Whole  (Mr.  Blunt  in  the  Chair)  and  took  up  the  special 
order.     (This  report  is  printed  in  j-esterday's  proceedings.) 

Mr.  Slough  moved  to  take  up  the  report  section  by  section. 
The  motion  was  agreed  to,  and  the  Secretary  read  the  first  section. 

Mr.  Wrigley.  Mr.  Chairman,  I  desire  to  call  the  attention  of  the 
Convention  to  this  section,  and  I  move  to  strike  out  the  words  "Probate 
Courts."  If  Probate  Courts  are  needed  at  all  let  them  be  established  by 
the  Legislature.  I  think  the  other  courts  provided  for  will  be  amply 
sufficient  for  our  present  wants,  and  if  the  people  shall  afterwards  desire, 
in  the  progress  of  the  State,  to  institute  probate  courts,  you  will  have 
conferred  upon  the  Legislature  the  power  to  establish  them.  In  the  mean 
time  it  is  apparent  that  while  the  Probate  Court  will  be  a  heavy  expense 
to  the  people,  and  in  many  counties  it  is  not  needed  at  all,  the  Legislature 
may  confer  upon   district   courts   probate   authority;    and   this   will   be 


Thursday,  July  14,  1S59.  149 

amply  sufficient  for  the  wants  of  the  people  at  this  time.  If  there  are 
counties  that  need  a  probate  court  the  Legislature  can  provide  it  for  them 
— and  in  those  counties  where  it  would  be  an  expense  and  no  benefit  the 
district  court  may  have  authority  to  attend  to  probate  business.  That  is 
the  way  to  manage  it,  in  my  judgment.    I  move  to  strike  out  these  words. 

Mr.  Thacher.  I  suggest  that  the  argument  of  the  gentleman  falls  to 
the  ground  when  section  9  is  considered.  That  section  provides  that  this 
court  shall  be  no  expense  to  the  county.  That  the  compensation  of  such 
Judge  shall  be  such  fees  as  may  be  prescribed  by  law.  But  the  necessity 
of  a  P*robate  Judge,  especially  in  habeas  corpus  cases,  every  one  will 
recognize;  a  district  judge  cannot  be  all  over  the  district  at  the  same  time. 

Mr.  Wrigley.  I  admit  if  that  section  is  adopted  my  argument  falls  to 
the  ground. 

The  motion  was  rejected,  and  section  1  was  adopted  without  a  division. 

The  Secretary  then  read  the  second  section. 

Mr.  Stinson.  Mr.  Chairman,  I  offer  the  following  as  a  substitute  for 
section  2: 

The  Supreme  Court  shall  consist  of  one  Chief  Justice  and  two  Associate 
Justices,  a  majority  of  whom  shall  constitute  a  quorum,  who  shall  be 
elected  by  the  electors  of  the  State  at  large;  and,  at  the  first  election  under 
this  Constitution,  there  shall  be  chosen  a  Chief  Justice  for  the  term  of 
six  years,  one  Associate  Justice  for  the  term  of  four  years,  and  one  for 
the  term  of  two  years,  and  every  six  years  thereafter  there  shall  be 
elected  a  Chief  Justice  for  the  term  of  six  years,  and  every  two  years 
thereafter,  except  where  a  Chief  Justice  is  to  be  elected,  an  Associate 
Justice  shall  be  elected  for  sLx  years. 

The  object  is  to  make  the  term  of  office  six  years;  to  have  one  chief 
and  two  associates  instead  of  putting  all  the  judges  upon  a  level. 

[*70]     *The  substitute  was  adopted. 

Mr.  J.  Blood.  Mr.  Chairman,  I  move  to  amend  by  striking  out  the 
words  "first  section  under  this  constitution"  and  inserting  in  lieu  thereof 
"such  time  and  in  such  manner  as  the  Legislature  shall  provide,"  and  to 
further  amend  by  adding  "after  a  term  of  five  years  thereafter  until  the 
Legislature  shall  other^^ise  provide  the  judges  of  the  several  circuit  courts, 
four  of  whom  shall  constitute  a  quorum."  I  propose  this  amendment  for 
the  reason  that  I  believe  the  Supreme  Court  at  the  present  time  is  unneces- 
sary, and  would  be  attended  with  heavy  expense.  Five  Circuit  Judges 
would  be  competent  to  hold  a  Supreme  Court,  and  whenever  necessar\^ 
to  form  a  Supreme  Court  it  may  be  done  by  the  Legislature. 

The  amendments  were  rejected — and  the  section  2  was  adopted. 

Section  3  was  read. 

Mr.  Slough.  Mr.  Chairman,  I  move  to  strike  out  the  word  "said"  in 
lines  7  and  8,  and  insert  the  word  "said"  in  its  place.  I  don't  like  the  word 
"said"  except  in  legal  papers. 

Mr.  Thacher.  I  would  suggest  for  the  words  "at  such  places  or  else- 
where" the  words  "in  such  places  and  its  jurisdiction  in  such  State"  be- 
fore "jurisdiction"  add  "and"  and  strike  out  "of  said  court."  These  are 
mere  verbal  amendments. 

Agreed  to. 

Section  3  as  amended  was  adopted. 

Section  4  was  read. 


150  Convention  Proceedings  and  Debates. 

Mr.  J.  Blood  moved  to  insert  in  the  proper  place  "there  shall  be 
elected  by  the  electors  of  the  State  an  Attorney  General  who  shall  serve 
two  years.    His  duties  shall  be  determined  by  law." 

Mr.  Kingman.  Mr.  Chairman,  we  were  instructed  to  be  governed  by 
the  Ohio  Constitution,  and  in  that  instrument  under  the  head  of  execu- 
tive officers  that  clause  or  one  similar  is  made  part  of  the  executive  de- 
partment of  the  government.  That  officer  will  be  reported  by  the  com- 
mittee on  the  Executive  Department. 

Mr.  Blunt.    Will  he  be  made  elective  by  the  people? 

A  voice.     Yes,  sir. 

Mr.  J.  Blood.    I  am  satisfied,  and  withdraw  my  motion. 

Mr.  Parks.  Mr.  Chairman,  I  would  like  to  offer  a  substitute  for  sec- 
tion 4,  as  follows: 

"Section  4.  A  Clerk  and  a  Reporter  of  the  Supreme  Court  shall  be 
elected  by  the  people,  who  shall  hold  their  respective  offices  for  the  term 
of  two  years  and  whose  duties  shall  be  prescribed  by  law." 

The  substitute  was  laid  on  the  table. 

Mr.  McDowell  moved  to  strike  out  the  word  "two"  and  insert  "six." 

The  motion  was  laid  on  the  table. 

Mr.  Stinson.  To  make  the  language  harmonious  I  move  to  strike 
out  the  word  "Judges"  and  insert  the  word  "Justices"  on  account  of  the 
phraseology  in  the  second  section. 

The  motion  was  agreed  to  by  consent. 

Mr.  McDowell  moved  to  amend  by  striking  out  the  word  "two"  and 
inserting  in  heu  thereof  the  word  "four." 

Laid  on  the  table. 

Section  4  was  then  adopted. 

Section  5  was  read. 

Mr.  Porter  moved  to  amend  by  striking  out  all  after  the  word  "office" 
and  inserting  the  words  "during  the  pleasure  of  the  Supreme  Court." 
This  officer  is  appointed  by  the  court,  is  responsible  to  it,  and  should  be 
made  amenable  to  it. 

The  motion  was  rejected. 

Mr.  Porter  moved  to  strike  out  the  word  "two"  and  insert  the  word 
"four." 

Laid  on  the  table. 

Mr.  Houston  moved  to  strike  out  the  words  "the  Supreme  Court  shall 
appoint,"  and  insert  in  heu  thereof  "the  people  shall  elect." 

Laid  on  the  table. 

Section  5  was  then  adopted. 

Section  6  was  read. 
[*71]     *Mr.  Houston  moved  to  amend  by  inserting  "three  years"  in- 
stead of  "four  years." 

Laid  on  the  table. 
Section  6  was  then  adopted. 
Section  7  was  read  and  adopted. 
Section  8  was  read. 


Thursday,  July  14,  1859.  151 

Mr.  Stinson.  I  move  to  amend  this  section  by  striking  out  all  after 
the  word  "years."  I  don't  believe  in  electing  a  man  to  more  than  one  office 
at  a  time. 

Mr.  LiLLiE  moved  to  amend  the  amendment  by  inserting  after  the  word 
"years"  these  words:  "whose  duties  shall  be  such  as  may  be  prescribed 
by  law." 

A  voice.    I  move  to  lay  the  amendments  on  the  table. 

Mr.  Kingman.  It  seems  to  me  the  amendment  of  the  gentleman  is  right 
and  proper. 

The  amendments  were  laid  on  the  table. 

Mr.  Slough.  I  now  move  the  adoption  of  the  amendment  suggested 
by  the  gentleman  from  Madison  (Mr.  Lillie). 

Mr.  Thacher  suggested  that  the  amendment  should  begin  with  the 
word  "and." 

These  motions  were  agreed  to,  and  the  section  8  as  amended  was 
adopted. 

Section  9  was  read. 

Mr.  Kingman  moved  to  insert  the  word  "and"  after  the  word  "clerk," 
and  before  the  word  "shall." 

Mr.  Greer  moved  to  strike  out  the  word  "this"  before  the  word 
"Court,"  and  insert  "his." 

Mr.  Kingman.    "His"  would  have  no  antecedent. 

The  amendments  were  laid  on  the  table  and  section  9  was  adopted. 

Section  10  was  read. 

Mr.  Stinson.  I  move  to  strike  out  the  words  "in  any  township  as 
may  be  prescribed,"  as  I  suppose  that  was  the  intention  of  the  Committee. 

Mr.  Thacher.  I  propose  to  strike  out  the  words  "in  any  township," 
and  insert  "in  different  townships." 

Mr.  Stinson.  If  you  strike  out  at  all  why  not  strike  out  "in  any  town- 
ship as  may  be  prescribed"? 

Mr.  BuRRis.  Mr.  Chairman,  it  seems  to  me  that  the  section  is  better 
now  than  the  proposed  amendments  would  place  it.  There  may  be  a 
mode  prescribed  by  which  justices  are  increased  in  some  and  not  in  other 
townships.  It  seems  to  me  that  by  striking  out  as  proposed  the  section 
would  pro\ide  for  the  number  of  justices  being  increased  in  all  the  town- 
ships. The  way  it  now  stands,  and  the  way  the  committee  intended  it 
should  be,  the  Legislature  may  prescribe  by  law  the  manner  in  which  the 
number  of  justices  in  some  of  the  townships  misht  be  increased  were  it 
found  necessary.  Perhaps  some  townships  in  this  county  might  find  it 
necessary  to  have  two  or  three  or  four.  By  adopting  the  amendment 
would  it  not  pro\dde  for  an  increase  of  justices  by  law  with  reference  to  all 
towTiships  ? 

Mr.  Stinson.    I  think  not. 

Mr.  BuRRis.  It  seems  to  me  as  it  reads,  there  could  be  no  misunder- 
standing in  regard  to  it. 

Mr.  Greer.  That  question  occurs  again  in  a  section  in  the  Legislative 
Department  requiring  all  laws  to  be  uniform  throughout  the  State;  and  if 
this  section  is  adhered  to  there  must  be  necessarily  the  same  number  of 
justices  of  the  peace  in  every  township. 

The  amendments  were  rejected. 


152  Convention  Proceedings  and  Debates. 

Mr.  McDowell.  I  propose  to  make  a  suggestion.  I  think  the  juris- 
diction of  justices  of  the  peace  in  civil  cases  should  not  exceed  fifty  dollars. 
I  hope  the  committee  will  not  leave  that  whole  subject  to  the  Legislature, 
for  probably  the  Legislature  will  be  composed  mostly  of  justices  of  the 
peace,  and  having  unlimited  control  they  may  give  themselves  jurisdiction 
in  cases  up  to  five  himdred  or  a  thousand  dollars.  I  think  there  ought  to 
be  a  point  fixed  beyond  which  they  could  not  go. 

[*72]  *A  justice's  court  is  a  necessary  court  for  certain  purposes  in  each 
township.  For  that  reason  I  voted  for  a  justice's  court,  but  I  do  approve 
of  the  policy  of  restricting  them,  and  I  think  this  is  the  place  to  do  it. 

The  Chairman.  Does  the  gentleman  from  Leavenworth  propose  an 
amendment  ? 

Mr.  McDowell.  I  will  at  the  proper  time,  but  I  have  not  time  now  to 
draw  it  up. 

Mr.  Burnett.  Mr.  Chairman,  I  move  an  amendment  by  striking  out 
the  word  "one."  I  do  not  believe  it  is  the  business  of  this  Convention  to 
prescribe  the  number  of  justices  in  each  township.  It  is  not  a  proper  sub- 
ject for  this  body  to  determine. 

Mr.  Hutchinson.    Strike  out  the  last  sentence. 

Mr.  Burnett.    I  accept  the  amendment. 

Mr.  Thacher.  I  apprehend  there  are  a  great  many  townships  that  do 
not  require  but  one  justice  of  the  peace. 

A  voice.  There  are  many  townships  that  would  require  at  least  two 
justices. 

Mr.  McDowell.  Mr.  Chairman,  I  propose  to  insert  in  section  10,  after 
the  words  "two  years,"  as  follows:  "and  whose  jurisdiction  in  civil  cases 
shall  not  exceed  fifty  dollars." 

Mr.  Burris.  Mr.  Chairman,  I  entertain  the  same  opinion  of  these 
amendments  that  I  did  of  the  others.  I  believe  they  only  make  this 
matter  worse.  I  see  and  can  understand  the  reason  why  Leavenworth  is 
desirous  to  restrict  the  jurisdiction  of  justices  of  the  peace.  The  desiijn  of 
the  committee  was  to  have  a  different  class  of  men  in  that  office  to  what 
we  have  had.  If  we  were  always  to  have  such  men  in  that  office  as  it 
has  been  my  lot  to  be  thrown  before,  I  say,  let  them  have  no  jurisdiction 
at  all.  The  design  is  to  elevate — to  raise  the  office — to  get  a  different  class 
of  men  into  the  offices  of  justices  of  the  peace.  That  was  one  object  the 
committee  had  in  view  by  providing  for  but  one.  The  motion  of  the 
gentleman  from  Leavenworth,  if  it  should  prevail,  restricting  their  juris- 
diction to  sums  no  more  than  fifty  dollars,  would  produce  the  same  effect — 
make  the  office  worth  nothing,  and  we  would  have  just  such  a  set  of  justices 
of  the  peace  a^  we  have  been  cursed  with  in  the  Territory.  If  we  have 
but  one  justice  in  each  township  let  him  have  jurisdiction  to  the  amount 
of  one  hundred  dollars.  Unless  the  Legislature  will  establish  other  in- 
ferior courts  I  am  of  opinion  the  jurisdiction  of  justices  of  the  peace  should 
be  extended  to  two  or  three  or  possibly  five  hundred  dollars.  Let  them 
have  some  jurisdiction  worth  while,  let  there  be  but  one  of  them  in  each 
township,  and  then  we  will  have  justices  who  are  capable  of  discharging 
the  duties  of  that  office.  I  think  this  would  be  effectually  accomplished 
by  taking  this  section  as  reported  by  the  committee,  and  leave  it  to  the 
Legislature  to  give  them  such  jurisdiction  as  the  wants  of  the  people  may 
require.    I  am  opposed  to  all  amendments,  and  hoi)e  that  none  will  prevail. 

Mr.  Thacher.     Mr.  Chairman,  I  wish  to  offer  an  amendment,  that 


Thursday,  July  14,  1859.  •  15;] 

instead  of  fifty  dollars,  the  jurisdiction  of  justices  of  the  peace  be  placed 
at  five  hundred  dollars. 

The  Chairman.  The  amendment  of  the  gentleman  from  Leavenworth 
(Mr.  McDowell)  is  not  in  order. 

Mr.  Kingman.  Mr.  Chairman,  I  move  that  all  the  amendments  be 
laid  on  the  table. 

The  motion  was  agreed  to. 

Mr.  McDowell.  It  seems  as  the  section  now  stands  there  is  no  re- 
striction to  justices  of  the  peace.  This  section  is  a  nullity  because  the  first 
section  of  this  article  provides  that  "the  judicial  power  of  this  State  shall 
be  vested  in  a  Supreme  Court,  district  courts,  probate  courts,  justices  of 
the  peace,  and  such  other  courts,  inferior  to  the  supreme  court,  as  may  be 
provided  by  law."  I  think  there  is  sufficient  provision  made  for  justices' 
courts  in  that  section,  unless  there  be  a  willingness  to  throw  some  re- 
[*73]  striction  around  their  juris*diction.  I  move  to  strike  out  this  entire 
section. 

The  motion  was  laid  on  the  table. 

Mr.  HiPPLE.  Mr.  Chairman,  I  move  to  amend  by  making  the  section 
read:  "One  justice  of  the  peace  shall  be  elected  in  each  township,  borough 
or  ward." 

Laid  on  the  table. 

Section  10  was  then  adopted. 

Section  11  was  read  and  adopted. 

Section  12  was  read  and  adopted. 

Section  13  was  read. 

Mr.  Slough.  The  language  of  that  section  might  be  improved  by 
striking  out  "have  been"  and  inserting  the  words  "shall  have." 

Agreed  to  by  consent. 

Section  13  was  adopted. 

Section  14  was  read. 

Mr.  J.  Blood.  Mr.  Chairman,  I  desire  to  amend  by  striking  out  the 
words,  "Provided  such  compensation  shall  not  be  less  than  two  thousand 
dollars  each  year."  You  have  provided  for  the  election  of  eight  judges 
a,t  not  less  than  two  thousand  dollars  to  each  judge,  which  amounts  to 
sixteen  thousand  dollars  a  year  and  other  expenses  of  court.  If  these  ex- 
penses shall  be  paid  as  heretofore,  by  taxes,  this  will  be  found  to  be  a  very 
high  salary.  I  am  opposed  to  that  number  of  judges,  believing  that  for 
years  to  come  the  business  will  not  be  sufficient  to  employ  five.  The  Con- 
vention has  provided  for  eight,  and  now  if  we  say  their  salaries  shall  never 
be  less  than  two  thousand  dollars  per  year,  it  is  providing  for  a  good  deal 
of  extravagance. 

Mr.  McDowell.  I  sincerely  hope  the  amendment  will  not  prevail.  I 
cordially  agree  with  the  committee  on  the  judiciary  in  the  propriety  of 
fixing  a  minimum  salary  in  the  Constitution  for  judicial  officers,  and  I  do 
not  think  their  minimum  too  high.  In  some  considerable  experience  in 
another  State,  I  think  my  experience  will  correspond  with  that  of  other 
gentlemen.  I  have  found  that  you  cannot  get  the  best  judicial  talent  on  the 
bench  unless  you  offer  an  adequate  salary.  I  take  it,  no  man  will  deny 
the  proposition  that  it  is  not  important  to  have  the  very  best  legal  talent 
on  our  bench,  particularly  the  supreme  bench.  In  order  to  withdraw  a 
lawyer  from  a  lucrative  practice  and  induce  him  to  take  a  position  on  the 


154  Convention  Proceedings  and  Debates. 

bench  you  have  to  ^ve  him  something  more  than  the  empty  honor.  In 
Ohio  where  the  minimum  was  fixed  at  fifteen  hundred  dollars  for  the 
common  pleas  judge,  it  was  found,  in  populous  counties,  embracing  large 
towns  where  the  expense  of  living  was  high,  that  the  judges  could  not  live 
upon  the  salary  they  received;  and  there  has  been  petition  after  petition 
sent  up  to  the  Legislature  of  Ohio  asking  for  a  provision  to  change  the 
Constitution  in  that  particular.  The  people  are  dissatisfied  with  the 
salary,  and  the  judges  are  resigning.  You  cannot  find  in  the  State  a 
single  common  pleas  judge  who  could  live  upon  the  salary.  A  lawyer  in 
good  practice  makes  a  good  deal  more  than  two  thousand  dollars  a  year, 
and  unless  a  lawyer  is  in  pretty  good  practice  I  take  it  he  is  not  fit  to  be 
elected  to  the  position  of  judge.  You  cannot  get  a  man  to  give  up  a 
practice  that  pays  him  more  than  the  minimum  rates  under  the  Con- 
stitution to  accept  it. 

Mr.  Chairman,  I  hope  the  Convention  will  sustain  this  proposition.  As 
a  question  of  expense  it  is  a  mere  minor  consideration,  which  practically 
amounts  to  little.  Gentlemen  have  voted  to  fix  the  number  of  members 
in  the  Legislature  at  seventy-five.  The  question  of  expense  did  not  seem 
to  influence  them  in  that  action;  and  that  expense  will  be  much  larger 
than  this  can  be.  I  never  heard  a  tax  payer  object  to  giving  a  good  salary 
to  judicial  officers.  Before  that  judiciary  his  rights  may  come  to  be  ad- 
judicated upon,  and  he  wants  the  very  best  legal  talent  to  pass  upon  those 
questions.  And  when  it  is  evident  that  talent  cannot  be  obtained  without 
some  inducement  in  the  way  of  salary,  it  seems  to  me  inevitable  that 
[*74]  gentlemen  will  sustain  the  ^proposition.  The  people  of  Cincinnati, 
although  taxed  more  than  the  people  of  any  other  part  of  the  State,  cheer- 
fully gave  the  judge  of  their  superior  court  a  salary  of  thirty-five  hundred 
dollars,  and  they  have  got  the  very  best  legal  talent  in  that  court.  Sitting 
side  by  side  was  the  common  pleas  court  upon  a  salary  of  fifteen  hundred 
dollars.  That  court  has  usually  been  filled  by  young  lawyers  of  small 
practice  and  small  ability.  I  think  that  gentlemen  will  find  the  people 
will  not  object  to  gi\ang  good  salaries  to  their  judicial  officers.  I  hope 
the  proposition  will  not  be  changed,  but  that  the  recommendation  of  the 
committee  will  be  adopted. 

Mr.  J.  Blood.  I  propose  by  my  amendment  to  leave  the  matter  of 
salary  with  the  Legislature  to  fix. 

Mr.  McDowell.  You  propose  to  strike  out — practically  the  same 
thing. 

Mr.  J.  Blood.  Mr.  Chairman,  in  reply  to  the  complaint  of  inability  to 
procure  good  legal  talent  for  a  less  salary  than  two  thousand  dollars  a 
year,  I  will  say  that  I  was  informed  by  the  Judge  of  this  circuit  (Judge 
Williams)  that  he  did  preside  as  a  Judge  in  the  State  of  Iowa  at  a  salary- 
of  but  one  thousand  dollars  a  year.  I  have  no  doubt  but  that  for  a  few 
years  to  come  the  best  legal  talent  of  the  Territory  could  he  obtained  for 
a  less  salary  than  two  thousand  dollars.  If  left  to  the  Leiislature  the 
salary  can  be  raised  to  two  thousand  or  a  higher  amount.  The  committee 
report  says  it  never  shall  be  less  than  two  thousand,  without  limiting  the 
amount. 

Mr.  LiLLiE.  I  do  not  think  it  best  for  this  Convention  to  restrict  the 
salary  of  Judges  to  not  less  than  two  thousand  dollars.  It  is  probably 
right  we  should  restrict  the  Legislature  in  some  things,  but  not  to  that 
extent.  In  Missouri  fifteen  hundred  dollars  has  secured  good  judges.  It 
is  not  always  the  case  money  will  secure  good  legal  talent.    I  am  in  favor 


Thursday,  July  14,  1859.  155 

of  gi\ang  good  and  sufficient  salaries  to  judicial  officers,  but  I  think  two 
thousand  dollars  too  much  for  the  minimum. 

The  amendment  was  adopted  upon  a  division — yeas  20,  nays  16. 

The  motion  was  agreed  to  by  consent. 

Mr.  Stinsox  suggested  that  the  word  "Judges"  in  this  section  be  made 
"Justices." 

It  was  agreed  to  by  consent. 

Section  14  was  then  adopted. 

Section  15  was  read. 

Mr.  Slough.  Mr.  Chairman,  1  move  to  strike  that  section  out.  It 
was  pro\'ided  for  yesterday  in  the  article  on  the  Legislative  Department. 

Mr.  McDowell.    I  don't  think  it  is  provided  for. 

Mr.  Th.^cher.  It  amounts  to  the  same  thing  with  the  exception  that 
the  carr}dng  into  execution  must  be  by  a  two-thirds  vote  of  the  Senate. 
I  think  the  section  should  be  stricken  out. 

Mr.  Kingman.  I  understand  a  man  can  be  impeached  only  for  high 
crimes  or  misdemeanors;  and  if  we  have  a  person  thrust  upon  us  in  this 
position  who  is  not  quaUfied  shall  we  have  to  bear  with  that  affliction  for 
six  years? 

Mr.  Slough.  It  seems  to  me  that  in  the  section  adopted  yesterday 
large  power  was  given  to  the  Legislature  to  impeach. 

Mr.  BuRRis.  The  word  "impeachment"  and  the  term  "removal  from 
office"  are  not  synonjinous.  "Impeachment"  carries  with  it  removal  from 
office,  but  removal  does  not  carry  with  it  the  idea  of  impeachment.  If  a 
case  should  arise  where  the  judge  is  removed  and  no  charge  brought  against 
him  and  sustained,  it  would  be  proper  that  this  section  should  be  retained; 
but  believing  it  is  possible — barely,  perhaps— that  it  might  be  proper  to 
remove  a  Justice  from  office  and  get  [yet?]  the  charge  of  impeachment  not 
be  sustained  against  him  before  the  Legislature,  I  shall  vote  against  striking 
that  section  out. 

[*75]  *Mr.  J.  Blood.  I  am  opposed  to  striking  out.  Every  lawyer  is 
aware  it  is  almost  impossible  to  impeach  a  Judge — while  all  admit  cases 
do  occur  where  it  is  desirable  that  he  should  be  removed. 

The  motion  to  strike  out  was  lost. 

Mr.  Stinson.  I  move  to  insert  "Justices  of  the  Supreme  Court  and" 
before  the  word  "Judges." 

It  was  agreed  to  by  consent,  and  section  15  was  adopted. 

Section  16  was  read. 

Mr.  Kingman.  I  move  to  insert  the  word  "Justices"  before  "Judges" 
so  that  it  will  read  "the  several  Justices  and  Judges,"  &c. 

Agreed  to  by  consent. 

Section  16  was  then  adopted. 

Section  17  was  read  and  adopted. 

Section  18  was  read. 

Mr.  McDowell.  Mr.  Chairman,  I  would  suggest  that  one  or  two 
counties  have  been  left  out;  the  county  of  Wilson  I  am  told  is  probably 
organized. 

Mr.  Kingman.  The  committee  inserted  all  organized  counties  they 
could  find. 


lob  CoxvEXTiox  Proceedings  and  Debates. 

Mr.  LiLLiE.    In  the  fifth  district  is  the  county  of  Wilson. 

Air.  Stinson.    Is  it  organized? 

Mr.  LiLLiE.    I  guess  it  is  not  yet  organized. 

Section  IS  was  then  adopted. 

Section  19  was  read  and  adopted. 

Section  20  was  read. 

Mr.  Hutchinson.  Mr.  Chairman,  I  move  to  strike  out  the  entire 
section. 

Mr.  Kingman.  That  provision  was  the  subject  of  a  great  deal  of 
ridicule  in  an  adjoining  commonwealth  at  the  time  of  its  adoption,  but 
has  since  saved  to  that  commonwealth  thousands  of  dollars.  In  case  the 
judge  does  not  appear,  and  the  litigants  and  others  connected  with  the 
suit  are  present,  the  bar  proceeds  to  the  election  of  a  Judge  in  place  of 
the  one  absent,  and  in  that  way  more  money  has  been  saved  to  litieants 
than  would  pay  the  salaries  of  all  the  judses  in  that  commonwealth. 
Another  important  consideration  is  that  verj'  frequently  the  men  who  may 
be  selected  as  Judges  of  the  district  court  will  be  men  who  have  shown 
themselves  qualified  by  obtaining  considerable  practice,  and  with  a  large 
number  of  cases  before  them  in  many  of  which  they  may  have  been  in- 
terested— those  cases,  without  some  such  pro\dsion  as  this  will  have  to  be 
moved  into  an  adjoining  district  and  the  parties  denied  the  benefit  of  a 
speedy  trial,  besides  being  put  to  considerable  extra  expense.  I  think  some 
provision  of  this  character  ought  to  be  inserted,  so  that  in  case  the  judge 
is  interested  as  a  party  to  the  suit,  and  conceives  that  he  is  prejudiced, 
the  bar  can  make  a  selection  of  a  judge,  and  so  the  case  be  permitted 
to  go  on. 

The  motion  was  laid  on  the  table. 

Mr.  Slough.    Mr.  Chairman,  I  move  that  the  committee  rise. 

The  motion  was  agreed  to — the  committee  accordingly  arose,  and  re- 
l)orted  the  Article  IV  (Judiciary)  to  the  Convention  with  sundry  amend- 
ments. 

The  President.  What  disposition  will  the  Convention  make  of  the 
report  ? 

Mr.  HiPPLE.  I  move  that  it  be  taken  up  and  considered  section  by 
section. 

The  motion  was  agreed  to. 

Sections  1,  2,  3,  4,  5  and  6  were  read  and  adopted. 

Section  7  was  read. 

Mr.  BuRRis.  Mr.  Chairman,  I  desire  to  offer  a  substitute  for  section  7, 
.is  follows: 

"Section  7.  There  shall  be  elected  in  each  organized  county  one  clerk 
of  the  district  court  who  shall  hold  his  office  for  the  term  of  two  years,  and 
whose  duty  shall  be  prescribed  by  law." 

We  have  already  decided  that  the  term  of  office  of  the  supreme  court 
clerk  shall  be  two  years — that  seems  to  be  the  term  set  for  most  of  the 
officers — and  it  seems  to  me  that  the  clerk  of  district  court  should  not  hold 
[*76]  his  office  *longer  than  the  supreme  court  clerk  and  reporter.  But 
the  principal  point  I  wish  to  call  attention  to  is  that  my  substitute  does 
not  provide  for  his  being  the  clerk  of  any  other  court.  The  section  as 
passed  by  the  committee  declares  that  the  clerk  of  the  district  court  in 
each  countv  "shall  be  clerk  of  all  other  inferior  courts  of  record  in  such 


Thursday,  July  14,  1859.  157 

county,"  &c.  It  seems  to  me  one  court  would  be  sufficient  for  him  to  be 
clerk  of.  I  prefer  that  he  hold  office  for  two  years,  be  duly  the  clerk  of  the 
district  court,  and  let  there  be  provision  made  for  the  clerks  of  other 
courts.  Let  the  district  court  clerk  be  merely  the  clerk  of  the  district 
court.  If  the  Legislature  provides  for  other  courts  let  it  provide  also  for  a 
clerk. 

The  substitute  was  adopted,  and  then  the  section  as  amended  was 
adopted. 

Section  8  was  read. 

Mr.  BuRRis.  Mr.  President,  I  desire  to  amend  by  adding  after  the 
words  "habeas  corpus"'  the  words  "and  injunction."  It  does  seem  to  me 
the  probate  judge  ought  to  have  authority  to  grant  a  writ  of  injunction, 
and  let  that  be  returned  to  the  district  court. 

Mr.  Thacher.  I  agree  with  the  gentleman,  but  I  would  ask  if  in  the 
17th  section  the  Legislature  have  the  power  to  do  that  thing? 

Mr.  Slough.  No  doubt  about  it.  I  move  to  lay  the  amendment  on 
the  table. 

The  motion  was  agreed  to. 

The  section  was  then  adopted. 

Section  9  was  read. 

Mr.  McDowell.  Mr.  President,  I  have  an  amendment  to  section  9. 
Aft^r  the  word  "years"  insert  "and  who.se  jurisdiction  in  cixdl  cases  shall 
never  exceed  fifty  dollars." 

Mr.  Thacher.  I  move  to  amend  by  inserting  m  lieu  of  "fifty"  "five 
hundred  dollars." 

Mr.  Kingmax.    I  move  to  lay  both  amendments  on  the  table. 

Upon  this  motion  the  yeas  and  nays  were  demanded,  and  being  ordered 
and  taken  resulted — yeas  12,  nays  36 — as  follows: 

Yeas — Messrs.  Blunt,  Foster,  Greer,  Griffith,  Hubbard,  Ingalls,  Mc- 
Dowell, McClelland,  McCuUough,  Ritchie,  Stinson,  Simpson — 12. 

Nays — Messrs.  Burnett,  Brown,  Barton,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Dutton,  Forman,  Graham,  Hippie,  Hutchinson,  Hanway,  Hoff- 
man, Houston,  Kingman,  Lilhe,  Lamb,  Aliddleton,  May,  JNIoore,  McCune, 
Palmer,  Parks,  Porter,  Ross,  Signor,  Slough,  Stiarwalt,  Stokes,  Thacher. 
Townsend,  J.  Wright,  Wrigley,  T.  S.  Wright,  Williams— 36. 

So  the  amendments  were  not  laid  on  the  table. 

Mr.  Stinson.  Mr.  President,  I  move  to  amend  the  amendment  by  add- 
ing after  the  word  "j^ears"  the  words,  "and  whose  jurisdiction  in  civil  cases 
shall  not  exceed  one  hundred  dollars  or  extend  to  any  case  involving  title 
to  real  estate." 

Mr.  Thacher.  I  move  to  insert  in  place  of  "one  hundred"  "'five  hun- 
dred dollars." 

The  amendments  were  laid  on  the  table  upon  a  division — affirmative  20, 
negative  IS. 

Mr.  HipPLE.  Mr.  President,  I  move  to  amend  where  the  word  "two" 
occurs  by  making  it  read  "three."  "Two  justices  shall  be  elected  in  each 
township,  or  ward,  whose  term  of  office  sliiiU  be  three  years." 

Mr.  Thacher.  I  second  the  motion,  and  call  for  a  diNision  of  the 
question. 

Mr.  PREsmENT.    A  division  is  not  in  order  under  the  rules. 


158  Convention  Proceedings  and  Debates. 

Mr.  Thacher.    I  think  I  can  refer — 

The  President.  The  gentleman  is  right.  This  is  a  motion  to  strike 
out  and  insert. 

Mr.  J.  Blood.  I  move  to  amend  the  amendment  by  striking  out  and 
inserting  "one"  instead  of  "three  years." 

The  motion  was  rejected;  and  the  amendments  were  laid  on  the  table. 

Mr.  McDowell.  Mr.  President,  I  desire  to  alter  this  section  so  that  it 
may  read  "two"  justices  of  the  peace,  instead  of  "one."  I  am  satisfied  that 
such  an  amendment  would  save  a  great  deal  of  special  legislation,  be- 
cause all  our  townships  are  large,  as  laid  out,  and  those  that  do  not  now, 
soon  will  be  compelled  to  have  as  many  as  two. 

[*77]  *Mr.  BuRRis.  Mr.  President,  I  have  looked  into  this  matter  some 
considerably,  and  I  cannot  see  any  more  necessity  for  two  justices  of  the 
peace  in  each  township,  and  not  as  much,  as  there  is  for  two  judges  of  the 
district  court  in  each  judicial  district.  Of  course  there  must  necessarily 
be  a  provision  made  that  if  the  justice  of  the  peace  before  whom  suit  is 
brought  is  related  to  either  of  the  parties,  or  is  interested  in  any  way, 
they  can  commence  their  suit  in  an  adjoining  township,  just  as  a  case  is 
taken  to  an  adjoining  district  when  the  judge  of  the  district  court  is 
interested.  Then  there  would  be  but  little  expense  attending  the  change 
to  a  neighboring  township,  for  there  would  be  but  three  or  six  miles  to  go. 
The  only  question  in  my  mind  seems  to  be,  whether  one  justice  of  the  peace 
could  attend  to  all  the  duties  of  his  office  for  the  whole  township.  As  it  is 
now,  our  justices  have  so  little  to  do  that  they  do  not  learn  what  the 
duties  of  their  offices  are.  I  cannot  see  any  necessity  for  a  greater  number 
than  one  in  each  township,  unless  it  should  be  in  a  very  populous  one 
indeed.  I  cannot  see  why,  when  we  come  to  the  lower  offices,  we  should 
provide  for  a  plurality  of  justices.  I  am  in  favor  of  having  but  one 
justice,  giving  the  Legislature  power  to  provide  for  an  additional  number 
in  any  township  where  it  may  be  necessary.  In  the  counties  of  Leaven- 
worth, Atchison,  Douglas,  Doniphan,  Shawnee  and  Wyandotte  it  may  be 
necessary  to  have  an  additional  number,  but  in  ninety-nine  cases  out  of  a 
hundred  one  justice  of  the  peace  would  subserve  all  the  interest,  for  which 
that  office  was  created  better  than  more.  I  hope  the  motion  will  not 
prevail. 

Mr.  Stiarwalt.  I  think  the  amendment  a  good  one,  and  I  have  this 
reason  to  offer.  Where  there  is  but  one  justice  of  the  peace  in  each  town- 
ship, that  man  is  not  all  the  time  present  in  his  office.  While  I  am 
against  having  four,  I  am  in  favor  of  having  two.  I  do  not  think  it  ought 
to  be  left  to  the  Legislature.  These  justices  are  paid  by  fees  for  their 
services,  and  if  gentlemen  who  are  elected  don't  wish  to  serve,  they  need 
not.  Should  the  people  elect  a  man  who  is  not  competent,  they  will  not 
again.  I  think  that  one-half  of  the  debts  of  a  community  goes  before 
justices  of  the  peace;  consequently  the  greater  amount  of  money  collected 
is  in  that  way;  and  we  ought  to  have  the  justices'  court  so  that  we  can  get 
at  it  handily,  and  if  one  is  absent  we  should  have  another  to  apply  to. 

Mr.  Burniott.  Mr.  President,  we  have  a  township  ten  or  fifteen  miles 
in  extent.  If  we  have  but  a  single  justice,  and  he  is  disqualified,  we  are 
under  the  necessity  of  going  outside  of  the  township  some  fifteen  or  twenty 
miles  to  get  at  another.  I  think  gentlemen  can  easily  see  the  necessity  for 
more  than  one  justice  in  this  case.    I  hope  the  proposition  will  prevail. 

The  amendment  was  adopted,  and  the  section,  as  amended,  was  adopted. 

Sections  10,  11  and  12  were  read  and  adopted. 


Thursday,  July  14,  1859.  159 

Section  13  was  read. 

Mr.  McClelland.  Mr.  President,  I  was  not  in  when  the  amendment 
was  made  to  the  section  in  the  committee  of  the  whole.  I  therefore  move 
to  insert,  after  the  words  "term  of  office,"  where  they  first  occur,  the 
words  "Provided,  such  compensation  shall  not  be  less  than  eighteen  hun- 
dred dollars."  I  make  this  motion  because  I  am  satisfied  the  people  of  the 
county  will  sustain  it.  This  office  should  be  filled  by  competent  persons, 
and  it  is  certain,  almost,  that  the  place  will  not  be  competently  filled 
imless  you  give  a  sufficient  remuneration  for  the  services  you  ask. 

A  member.    I  move  to  lay  the  amendment  on  the  table. 

On  this  motion  the  yeas  and  nays  were  demanded,  and  being  ordered 
and  taken,  resulted — yeas  25,  nays  21 — as  follows: 

[*78]  *Yeas— Messrs.  Burnett,  Blunt,  Barton,  Burris,  J.  Blood,  N.  C. 
Blood,  Crocker,  Button,  Forman,  Griffith,  Hutchinson,  Hanway,  Ingalls, 
Lillie,  Lamb,  Middleton,  I\'ay,  McCullough,  Porter,  Ritchie,  Signor,  St.ar- 
walt,  Townsend,  T.  S.  Wright,  Williams,  Mr.  President— 25. 

Nays — Messrs.  Brown,  Foster,  Graham,  Greer,  Hippie,  Hubbard,  Hoff- 
man, Kingman,  Moore,  McDowell,  McCune,  McClelland,  Palmer,  Parks, 
Ross,  Slough,  Stinson,  Simpson,  Thacher,  J.  Wright,  Wrigley — 21. 

So  the  amendment  was  laid  on  the  table. 

Mr.  Graham.  Mr.  President,  I  desire  to  offer  an  amendment.  Insert 
after  the  word  "office,"  where  it  first  occurs,  the  words  "Provided,  such 
compensation  shall  not  be  less  than  two  thousand  dollars  each  year."  It 
strikes  me,  sir,  that  the  judse  of  the  court  is  more  important  to  the  people 
of  new  States  than  that  of  Governor,  or  any  other  officer.  The  judges  have 
in  their  hands  the  disposition  of  your  property  and  your  money.  It  strikes 
me  that  everything  should  be  done  for  the  purpose  of  calling  to  the  bench 
the  best  legal  talent  of  the  country.  As  a  safeguard  to  the  interests  of  the 
people,  this  is  of  more  importance  than  anything  else  that  will  come 
before  us.  To  secure  the  best  talent,  I  am  well  satisfied  you  must  pay 
well  for  it — if  you  have  your  best  men  upon  the  bench,  you  must  pay 
them  a  liberal  compensation.  I  am  satisfied  from  my  experience  in  Kansas, 
that  the  amount  now  fixed  upon  is  not  enough.  Look  at  the  enormous 
expense  those  judges  will  be  put  to  in  traveling.  When  Judge  Williams 
presided  in  Iowa  (he  has  been  quoted  as  authority  here)  for  one  thousand 
dollars,  what  were  the  facts  of  the  case?  I  have  it  from  that  gentleman 
himself.  Giving  a  httle  history  of  the  incidents  of  his  court  there,  he  has 
told  me  that  when  he  stopped  at  farmers'  houses,  not  one  time  in  twenty 
did  they  ever  charge  him  a  cent.  Now,  in  this  country,  no  matter  how 
humble  or  small  the  shanty  in  which  you  get  a  dinner,  the  charge  is  fifty 
cents.  There  Judge  Williams  said  no  man  thou-^ht  of  charging  more  than 
sixty  or  seventy-five  cents  a  day  for  a  man  and  horse.  But  our  prices  will 
range  with  those  of  California,  where  the  judges  are  paid  large  salaries. 
Mr.  President,  I  haA'e  no  personal  interest  in  this  matter;  I  offer  my 
amendment  only  for  the  purpose  of  putting  your  best  men  upon  the  bench. 
I  am  no  lawyer,  and  can  never  fill  the  position  myself.  But  I  have  a 
great  desire  to  get  the  best  men  upon  the  bench  that  your  Territory  can 
afford,  and  you  can't  get  good  men  without  paying  them  well.  Are  you 
afraid  to  pay  these  men  enough  for  fear  you  may  lose  a  vote?  That  is  not 
my  situation,  sir. 

Mr.  Stinson.  Mr.  President,  I  cannot  say  that  I  have  not  a  personal 
interest  in  this  matter.  I  do  feel  a  personal  interest  to  see  this  motion 
carried.    I  desire  that  when  the  new  State  of  Kansas  sends  forth  its  re- 


160  Convention  Proceedings  and  Debates. 

ports  to  the  country,  they  shall  carry  disoiity  and  force  with  them,  and  not 
as  the  early  reports  of  many  of  our  Western  States  have  been — a  mock 
and  a  by-word.  You  cannot,  in  Kansas  or  elsewhere,  get  a  man  fit  to 
occupy  a  seat  upon  the  supreme  bench  whose  practice  is  not  worth  more 
than  two  thousand  dollars  a  year.  I  agree  with  my  friend  from  Atchison, 
(Mr.  Graham)  it  is  a  responsibility  that  no  man  ought  to  shirk.  If  any 
man  believes  that  a  man  fit  to  occupy  a  place  on  the  supreme  bench  whose 
services  can  be  procured  for  less  than  two  thousand  dollars,  I  stand  here 
to  tell  him  he  is  under  a  misapprehension  of  the  facts.  I  speak  by  the 
card.  I  know  something  of  these  matters.  I  wish  to  place  it  beyond  the 
reach  of  a  body  which  may  not  have  the  same  amount  of  independence 
which  this  Convention  I  hope  has.  If  the  Legislature  should  come  and  fox 
the  salary  at  a  less  sum  than  we  now  ask,  every  bench  would  soon  become 
vacant.  It  is  only  upon  the  supposition  that  you  can  have  cheap  judges 
that  you  should  put  it  below  this;  and  I  do  not  want  to  practice  before  a 
[*79J  cheap  judge.  This  *is  the  lowest  rate  that  ought  to  be  established, 
and  I  do  hope,  and  shall  hope,  that  the  Legislature  will  bring  the  salary 
of  our  judges  up  to  the  highest — say  twenty-five  hundred  or  three  thousand 
dollars — and  the  State  would  be  benefited  thereby. 

Mr.  Blunt.  Like  the  gentleman  from  Atchison,  I  am  no  lawyer,  and 
consequently  never  expect  to  derive  any  benefit  in  the  matter  other  than 
what  I  derive  in  common  with  all  the  citizens  of  this  Territory,  but  I  do 
believe  it  is  necessary,  in  order  to  carry  out  the  idea  of  retrenchiment  that 
has  been  suggested  here,  to  curtail  the  salaries  of  officers  of  the  Territor>^ 
The  curtailment  should  be  apphed  to  some  other  department  than  the 
judiciary.  I  consider  the  matter  of  securing  good  legal  talent  upon  our 
bench,  as  one  of  very  great  importance.  It  is  a  matter  which  affects  us 
all.  Before  that  tribunal  we  have  a  common  interest.  It  is  there  where 
all  matters  pertaining  to  our  individual  interests,  our  property,  and  indeed 
our  life  itself,  depends.  I  know  there  is  now  no  person  practicing  his 
profession  in  Kansas  who  has  the  legal  talent  sufficient  to  qualify  him  to 
.sit  upon  the  supreme  bench,  who  does  not  make  more  than  two  thousand 
dollars  per  year.  I  have  seen  the  practical  operation  of  this  thing  of 
working  judges  on  low  salaries.  In  Ohio,  where  the  salary  was  fifteen 
hundred  dollars — but  which,  I  believe,  they  have  increased  to  eighteen 
hundred — in  the  district  in  which  I  resided  we  never  had  a  judge  who  sat 
on  the  bench  more  than  one  year.  There  was  many  a  man  in  the  pro- 
fession of  law  who  would  accept  the  place  just  long  enough  to  be  dubbed 
''Judge,"  and  then  resign,  from  the  very  fact  that  the  salary  was  not 
sufficient  to  pay  the  expenses  and  afford  a  livelihood.  Such  will  be  the  case 
in  Kansas,  unless  we  provide  against  it.  Let  us  then  fix  the  minimum 
salary  at  an  amount  which  will  secure  good  legal  talent;  and  if  it  is 
necessary,  in  order  to  carry  out  this  provision,  to  retrench  in  some  other 
department,  I  am  perfectly  willing  to  do  it. 

Mr.  J.  Blood.  I  do  not  understand  there  has  been  any  proposition  to 
lower  the  salary.  The  question  is  whether  this  Convention  shall  fix  the 
salary  at  a  high  rate  and  prohibit  the  Legislature  from  ever  lowering  it. 
In  reply  to  the  assertion  that  it  is  impossible  to  procure  the  best  talent 
for  less  than  two  thousand  dollars,  I  would  say,  I  differ  in  opinion  with 
those  who  take  that  view.  In  the  State  of  Wisconsin  the  salary  of  judges 
was  fixed  at  fifteen  hundred — the  circuit  judges  performing  the  duties  of 
circuit  and  supreme  judges — and  there  was  no  difficulty  in  procuring  the 
best  legal  talent  of  the  State  upon  the  bench.  Men  of  more  ability  than 
perhaps  any  other  lawyers  in  the  whole  West,  presided  for  years  at  a 


THtRSDAY,  July  14,  185!t.  161 

salary  of  tifteen  huudred  dollars,  and  there  never  was  a  complaint  that  it 
was  too  low. 

Mr.  Houston.  Mr.  President,  I  hope  this  amendment  will  not  prevail. 
I  do  not  think  we  should  load  this  Constitution,  as  it  is  to  come  before  the 
people.  One  of  the  objections  to  which  this  Constitution  may  be  liable, 
will  be  the  expensiveness  of  the  government.  The  Legislature,  when  as- 
sembled, should  be  competent  to  give  your  judges  two  thousand  or  five 
thousand  dollars.  If  one  thousand  will  not  secure  the  requisite  talent, 
let  them  offer  more — let  them  offer  such  a  salary  as  will  secure  the 
services  of  a  competent  judge.  1  hope  gentlemen  will  take  no  such  posi- 
tion as  the  one  proposed.  It  seems  to  me  unnecessary,  and  as  likely  to 
defeat  the  Constitution  before  the  people.  Some  sixteen  or  eighteen 
thousand  dollars  I  am  unwilling  to  pay  for  our  judicial  salaries,  when  I 
beheve  the  business  can  be  done  for  ten  thousand  dollars  for  years  to  come. 

Mr.  Wrigley.  I  move  to  amend  the  amendment  by  inserting  "fifteen 
hundred"  instead  of  "two  thousand." 

Mr.  J.  Blood.    I  move  to  lay  the  amendments  on  the  table. 

The  yeas  and  nays  were"  demanded,  and  being  ordered  and  taken,  re- 
sulted— yeas  21,  nays  29 — as  follows: 

Yeas — Messrs.  Burnett,  Barton,  J.  Blood,  N.  C.  Blood,  Crocker,  But- 
ton, Griffith,  Hutchinson,  Hanway,  Hoffman,  Houston,  Kingman,  Lillie, 
Lamb,  Middleton,  Stokes,  Thacher,  Townsend,  Wrigley,  Wright,  Williams 
—21. 

[*80]  *Nays — Messrs.  Blunt,  Brown,  Burris,  Foster,  Forman,  Grahnm, 
Greer,  Hippie,  Hubbard,  Ingalls,  May,  Moore,  McDowell,  McCune,  Mc- 
Clelland, McCuUough,  Palmer,  Parks,  Porter,  Ritchie,  Ross,  Signor. 
Slough,  Stinson,  Stiarwalt,  Simpson,  J.  Wright,  Wrigley — 29. 

Mr.  Wrigley.    I  withdraw  my  amendment  to  the  amendment. 

Mr.  Thacher.  Mr.  President,  I  have  thought  of  this  matter  consider- 
ably, and  this  consideration  occurred  to  my  mind.  The  supreme  court  will 
have  comparatively  nothing  to  do  for  some  years  to  come.  Their  duties 
will  be  performed  in  a  space  of  time  not  to  exceed  two  months  in  each 
year,  and  it  strikes  me  the  salary  is  too  large  for  their  time  actually  occu- 
pied. The  district  judges  will  have  all  they  can  do  from  the  start.  I  do 
not  believe  you  can  get  any  Legislature  together  which  will  fix  the  salary 
too  low,  and  therefore,  although  I  was  originally  in  favor  of  two  thousand 
dollars  as  the  minimiun,  I  think  it  proper  to  vote  as  I  did,  and  leave  it  to 
the  Legislature. 

Mr.  Graham.  Mr.  President,  my  friend  thinks  there  is  no  danger  of 
the  Legislature  fixing  the  salary  too  low.  I  think  different,  from  having 
facts  to  stand  upon.  In  the  State  of  Indiana  the  Legislature  fixed  the  sal- 
ary at  one  thousand  dollars  a  year.  Judge  Pettit,  your  present  supreme 
judge,  was  elected  there,  and  the  district  which  elected  him  made  him  up 
two  thousand  five  hundred  dollars  by  donation,  from  the  very  fact  they 
could  not  get  a  good,  talented  man  to  take  that  office  at  one  thousand  dol- 
lars a  year.  I  know  men  usually  want  to  return  to  the  Legislature.  The 
dear  people  are  always  in  their  ejTS,  and  they  are  afraid  to  increase  sal- 
aries for  fear  it  will  injure  them  among  their  constituents.  This  is  a  place 
where  I  hope  we  have  come  together  without  any  prejudices,  to  make  a 
Constitution  that  will  be  a  creditable  one  to  the  country,  and  stand  side  by 
side  with  any  of  the  thirty-three. 

Mr.  Wrigley.    Mr.  President,  I  very  heartily  support  the  amendment 

11 — 778 


162  Convention  Proceedings  and  Debates. 

of  the  gpnt'eman  from  Atchison  (Mr.  Graham).  Let  me  call  the  atten- 
tion of  the  Convention  to  this  section.  It  provides  that  these  judges  shall 
receive  no  fees  or  perquisites.  I  believe  it  is  not  common  in  Constitutions 
of  the  States  to  prohibit  judges  from  practicing  law.  We  have  done  so, 
or  will  do  so  in  this  Constitution.  They  will  then  be  shut  out  from  all 
practice,  and  their  expenses  will  be  large  in  traveling  in  their  districts. 
But  I  wish  to  advert  to  a  little  experience  I  have  had  in  this  matter.  In 
Indiana  their  judges  have  but  one  thousand  dollars,  and  that  office  goes 
begging  for  suitable  persons  to  take  it;  and  it  is  chfficult  to  get  any  person 
to  accept  the  nomination  who  is  competent.  In  one  of  the  most  important 
circuits,  a  man  was  elected  who  was  especially  unqualified,  and  the  bar 
almost  unanimously  requested  his  resisnation.  He  trampled  upon  the 
rio'hts  of  litigants,  and  not  only  disgraced  himself,  but  the  position  he  occu- 
pied. He  refused  to  resign,  and  the  Legislature  had  to  take  the  matter  in 
hand  and  make  a  new  district  out  of  his  four  counties — assigning  to  him 
only  one  county  with  a  small  population.  I  tell  you,  Air.  President,  you 
cannot  get  men  to  take  this  position  for  a  less  salary  than  two  thousand 
dollars  a  year.  I  believe  the  salary  should  be  fixed  or  limited  now.  Be- 
fore the  Legislature  will  meet,  nominations  will  have  to  be  made,  and  you 
wiU  find  it  difficult  to  get  men  who  are  qualified  to  trust  this  thing  of 
salary  to  the  hands  of  the  Legislature. 

Mr.  Wright,  of  Nemaha.  Mr.  President,  I  know  something  about  that 
matter  in  Indiana.  In  one  of  the  districts,  composed  of  seven  counties, 
thev  sot  Judge  McCarthy,  one  of  their  ablest  judges— s' nee  ejected  to 
the'  Senate  of  the  United  States— to  fill  that  place  for  years,  and  I  know 
plenty  of  men  that  could  be  found  for  one  thousand  a  year.  I  know  of  the 
circumstance  spoken  of  by  the  gentleman  who  has  just  taken  his  seat;  I 
know  that  judge  was  illy  qualified  for  the  place,  but  he  was  put  there 
under  circumstances  got  up  for  political  trickery. 

Mr.  Wrigley.  Mr.  President,  the  gentleman  undoubtedly  refers  to  my 
remarks.  I  do  not  understand  that  he  says  I  misstate  the  facts  in  the 
case.  I  said  that  a  man  in  Indiana  was  chosen  judee  who  was  not  com- 
petent to  fill  that  position;  that  he  was  requested  by  the  bar  to  resign, 
but  refi'sed;  that  the  Legislature  created  a  new  district  out  of  his  and 
assigned  to  him  a  single  county.  If  this  is  not  a  correct  statement  I  desire 
the  gentleman  to  correct  me.  I  also  stated  that  the  office  of  judge  goes 
begging  in  that  State;  and  if  that  is  not  correct  I  desire  to  be  corrected. 

Mr.  Greer.  Mr.  President,  I  do  not  rise  to  take  part  in  this  discussion, 
but  merely  to  state  what  I  know;  as  it  may  have  some  weight.  I  resided 
in  the  State  of  Indiana  prior  to  the  adoption  of  its  present  Constitution, 
and  when  the  judges  were  elected  by  the  Legislature,  and  competent  men 
were  always  on  the  bench.  After  the  adoption  of  the  new  Constitution 
[■*81]  judges  '-were  elected  by  the  people.  From  some  cause  or  other 
such  a  class  of  men  were  elected  to  the  circuit  judgeship  as  were  found 
totally  incompetent;  which  produced  such  a  want  of  confidence  in  these 
courts  that  in  a  short  time  the  business  of  these  courts  was  increased  from 
about  two  or  three  hundred  cases  on  docket  to  some  four  thousand.  The 
consequence  is  that  the  attention  of  the  Judges  is  so  completely  taken  up 
that  now  cases  remain  ujwn  the  docket  of  the  Supreme  Court  for  years, 
because  they  are  accumulating;  and  the  Judges  have  not  time  to  dispose 
of  all  the  cases  that  come  up  to  be  adjudicated.  The  reason  of  this  ac- 
cumulation of  cases  on  the  Supreme  Court  docket  is  that  the  circuits  are 
filled  with  men  totally  incompetent  to  discharge  the  duties  of  the  bench. 
Now,  sir,  in  view  of  the  facts,  that  the  judge  of  the  District  Court  shall 


Thursday,  Jlly  14,  1S59.  163 

not  receive  practice — shall  not  hold  any  other  office — his  time  totally  de- 
voted to  public  business,  and  cut  off  from  making  money  in  any  other  way 
— it  strikes  me  that  SI, .^00  or  S2,0C0  would  not  be  too  much.  The  people 
would  be  perfectly  willing  to  pay  a  competent  man  82,000,  in  preference 
to  having  an  incompetent  one  for  S1,S00.  The  people  would  not  only  be 
gaining  in  a  pecuniary  point  of  view,  but  in  the  reputation  of  the  judiciary 
of  the  State.  I  think,  from  the  manifestations  here,  that  there  ought  to  be 
some"  clause  adopted,  declaring  that  the  Legislature  shall  not  fix  the  salaries 
of  Judicial  officers  at  a  low  price.  If  it  is  fixed  at  a  low  price  the  people 
are  the  worse  off. 

Mr.  Greer.  I  wish  gentlemen  to  recollect  that  the  titles  to  lands  in 
many  sections  of  this  country  have  not  all  been  settled  yet,  and  the  people 
\\ill  go  against  a  hidi  rate  of  taxation  and  refuse  to  pay  high  salaries  in 
the  beginning.  I  would  like  to  see  this  matter  placed  in  the  hands  of  the 
Legislature,  because  1  feel  satisfied  that  the  people  will  be  almost  certain 
to  fight  against  this  Constitution  if  it  provides  for  a  high  rate  of  salaries 
to  begin  on.  I  think  it  wise  to  let  it  remain  for  the  Legislature  to  fix 
hereafter. 

Mr.  BuRRis.  ]\Ir.  President,  I  desire  to  offer  the  following  substitute 
for  the  whole  section: 

"Section  14.  The  Justices  of  the  Supreme  Court  and  Judges  of  the 
District  Courts,  shall  at  stated  times  receive  for  their  services  such  com- 
pensation as  may  be  prescribed  by  law,  which  shall  not  be  increased  dur- 
ini  their  respective  terms  of  office;  Prov'ded,  such  compensation  shall  not 
be  less  than  fifteen  hundred  dollars  to  each  Justice  or  Judge  thereof,  each 
year,  and  such  Judges  shall  receive  no  fees  or  perquisites,  nor  shall  hold 
any  other  office  of  profit  or  trust  under  the  authority  of  this  State,  or  the 
United  States  during  the  term  of  office  foV  whir-h  such  Judges  shall  be 
elected,  nor  practice  law  in  any  of  the  courts  of  this  State  during  their 
continuance  in  office." 

Mr.  McClelland.  Mr.  President,  I  shall  oppose  this  amendment. 
In  our  county  they  are  as  careful  about  high  taxes  as  they  can  be  any- 
where, and  the  onlv  thinsr  T  am  instructed  upon  is  to  create  a  few  offices 
and  give  to  them  fair  salaries.  I  think  the  salary  proposed  by  the  com- 
mittee is  not  at  all  too  large. 

Mr.  Bl'rris.  ^N'^r.  President,  either  the  gentleman  from  Jefferson  (Mr. 
McClelland)  or  I  am  laboring  under  a  misapprehension  as  to  the  effect  of 
the  last  amendment.  The  jiroposition  of  the  gentleman  from  Atchison 
(Mr.  Graham)  was  that  the  salary  should  not  be  greater  than  $2,000. 

A  voice.    "Not  less." 

Mr.  Burris.  I  misunderstood  it.  I  was  under  the  impression  it  read 
"shall  not  be  greater."    I  will  withdraw  my  substitute. 

Mr.  Stiarw.\lt.  ]\Ir.  President,  I  shall  be  compelled  to  vote  against 
the  amendment  of  the  gentleman  from  Atchison,  because  I  be^eve  it  a 
bisger  salary  for  the  Judge's  office  than  you  will  find  in  any  new  Consti- 
tution, and  more  than  one-half  of  the  o'd  ones.  There  are  gentlemen  in 
Missouri  that  have  been  upon  the  bench  at  a  salary  of  $1,000  a  year — have 
been  sul)seciuently  sent  to  Congress  and  have  come  back  and  accepted  the 
same  office  a^am.  Either  these  gentlemen  are  very  fond  of  sitting  on  the 
bench  or  e^se  they  ?et  alons  wi+h  +V>e  compensation  pretty  well.  I  would 
vote  for  $1500  but  shall  oppose  $2000. 


164  Convention  Proceedings  and  Debates. 

The  President.    The  hour  of  12  o'clock  having  arrived,  the  Convention 
stands  adjourned  till  3  o'clock. 

And  accordino;lv,  the  Convention  took  :\  recess  till  3  o'clock  p.  m. 


Thursday,  July  14. 
AFTERNOON  SESSION. 

Mr.  President.  The  order  of  business  is  the  consideration  of  the  re- 
port of  the  committee  on  the  Judiciary  Department.  At  the  time  of  ad- 
journment, the  Convention  was  engaged  in  the  consideration  of  section  14, 
the  question  being  upon  an  amendment  offered  by  the  gentlem^an  from 
Atchison. 

[*82]  *Mr.  McDowell.  Mr.  President,  before  the  vote  is  taken  upon 
the  amendment,  I  desire  to  state  a  few  reasons  which  present  themselves 
to  my  mind  why  there  should  be  fixed  a  minimum  salary  for  District 
Judges  in  the  organic  law;  and  against  leaving  the  question  for  legislative 
action.  The  gentleman  from  Douglas  (Mr.  Blood)  whose  substitute  was 
adopted  this  morning  says  he  does  not  propose  to  cut  down  the  salary, 
to  prevent  the  Judges  from  getting  a  good  salarj',  but  he  simply  proposed 
to  leave  the  whole  question  to  the  Legislature  and  let  them  determine 
from  the  facts  before  them  what  would  be  a  fair  and  proper  compensation 
for  the  judiciary. 

But  again,  sir,  this  question  of  whether  we  shall  have  a  good,  stable,  re- 
liable judiciary  is  one  second  to  none  other  in  importance  that  comes 
before  this  Convention,  and  I  start  out  with  the  proposition  that  unless  the 
judiciary  is  well  paid  it  will  be,  instead  of  what  it  ought  to  be,  a  credit 
to  the  State,  a  positive  disgrace.  Nothing  so  much,  sir,  fixes  the  character 
of  a  State  as  the  character  of  its  judiciary.  Let  it  be  understood  that  you 
have  a  bench  that  understands  the  law — that  properly  expounds  the  law 
— and  it  is  conceded  that  your  laws  are  enforced,  and  at  once  a  confidence 
is  enkindled  in  the  State  and  its  institutions.  But,  on  the  contrary,  if  you 
have  your  laws  and  judicial  interests  left  to  the  control  of  inefficient, 
weak  and  unqualified  men,  it  defeats  and  turns  the  whole  thing  into  dis- 
grace. I  think  I  cannot  be  wrong,  sir,  in  saying  that  although  there  may 
be  some  considerable  expense  attending  the  rule,  yet  the  rule  is,  that  if  you 
cannot  secure  the  best  talent  unless  you  offer  some  pecuniary  inducements; 
and  without  the  best  talents  you  cannot  have  the  best  judiciary.  I  object 
to  leaving  this  question  to  the  Legislature,  because  in  Legislative  bodies 
there  are  always  a  great  many  more  politicians  who  will  be  afraid  to  do 
justice  to  this  subject  because  they  may  have  some  votes.  I  trust  no 
such  considerations  can  influence  us.  We  have  assembled  under  different 
auspices,  and  we  ought  not  only  to  be  firm,  but  in  such  cases  as  this  we 
ought  to  be  hberal.  If  the  proposition  comes  before  the  Legislature  you 
will  have  some  such  remark  as  this — it  is  familiar  to  every  one  who  has 
watched  this  system.  One  man  from  some  county,  to  whom  a  half  dollar 
is  a  large  sum  of  money,  will  say:  Our  best  men  are  willing  to  work  for 
two  dollars  a  day,  as  good  men  as  Judge  A  or  B,  and  can't  see  why  they 
should  give  A  or  B  four  or  five  dollars  a  day,  while  his  neighbor  gets  but 
two.  Th'S  is  the  kind  of  arguments  some  gentlemen  carry  into  Legis- 
lative bodies.  In  the  State  of  Ohio,  this  question  of  Judicial  salaries  has 
been  brought  frequently  before  the  Legislature  since  the  adoption  of  their 
new  Constitution.  The  people  have  petitioned  to  have  it  changed,  and 
their  petitions  were  met  by  just  such  arguments  as  that,  and  it  was  found 


Thursday,  July  14,  1859.  165 

that  such  gentlemen  are  in  the  majority.  Where  you  once  fix  the  salary 
it  cannot  be  increased;  and  if  you  leave  the  whole  question  to  the  Legis- 
lature, without  fixing  the  minimum  below  which  they  cannot  go,  they 
will  go  to  that  and  never  increase  it.  Hence  the  importance  of  fixing  a 
minimum.  It  is  said  that  the  Judees  years  ago  in  other  States — men 
learned  in  the  law — accepted  Judicial  places  at  a  salary  of  $1,000;  but 
the  expense  of  living  then  was  not  one-half  what  it  is  now.  A  man  could 
stop  at  the  best  hotels  then  for  seventy-five  cents  a  day,  but  now  it  is 
two  dollars  in  a  new  country.  My  experience  is  that  the  expense  of  living 
in  a  new  country  is  higher  than  in  older  States  and  larger  cities.  I  will 
venture  the  prediction  that  a  man  of  family  in  Leavenworth  cannot  live 
upon  a  sum  less  than  $1,500  a  year.  I  take  it  that  no  man  who  is  in 
practice  worth  $2,000  will  relinquish  its  immediate  emoluments  and  the 
prospect  of  an  increase  of  that  practice,  for  a  position  on  the  bench  when 
[*83]  the  salary  will  barely  support  *him.  It  is  important  too  that  the 
reports  should  carry  with  them  some  superiority — they  should  be  found  in 
law  libraries,  and  the  decisions  of  Kansas  Judges  should  be  quoted  as  au- 
thority in  the  courts  of  all  countries.  This  cannot  be  done  unless  we  have 
a  respectable  Judiciary.  It  is  important  that  these  reports  should  be 
emanations  from  men  of  much  learning  and  s^ood  lawyers,  because  they 
will  be  used  as  precedents — the  decisions  the  judges  first  make  will  be  re- 
garded as  law.  No  man  can  say,  who  is  a  citizen  of  this  State,  that  he 
may  not  in  some  way  be  called  before  these  courts  either  to  defend  his 
fife,  liberty  or  property;  and  it  is,  it  seems  to  me,  a  matter  of  the  utmost 
importance,  that  when  such  great  questions  are  to  be  decided  upon  finally 
in  a  method  from  which  there  is  no  appeal,  that  we  should  have  as  parties 
who  are  to  pass  upon  these  questions,  the  ablest  and  best  men  in  the 
Territory.  Then  any  inducement  to  secure  this  kind  of  talent  should  be 
resorted  to  by  this  Convention  in  order  to  accomplish  this  end.  I  hope 
the  Convention  will  meet  this  question  in  a  spirit  of  candor,  and  look  at  it 
in  all  its  bearings,  and  so  it  seems  to  me  there  can  be  no  two  opinions 
upon  the  subject.  I  ask  gentlemen  to  come  up  to  the  question  in  this 
spirit  of  fairness,  candor  and  truth,  and  do  what  they  ought  to  do  in  re- 
lieving themselves  from  responsibility. 

Mr.  J.  Blood.  Mr.  President,  I  propose  to  offer  a  substitute  for  the 
amendment  of  the  gentleman  from  Atchison  (Mr.  Graham)  as  follows: 
"Provided,  such  compensation  shall  not  be  less  than  $1,500  annually."  I 
did  say  that  we  had  not  proposed  to  fix  the  salary  of  judges  at  any  par- 
ticular sum,  but  desired  to  leave  that  to  the  Legislature.  That  does 
not  seem  to  be  satisfactory,  and  as  a  compromise  I  propose  this  substitute, 
which  I_  think  is  fair.  It  is  my  opinion  that  if  we  fix  the  minimum  at 
$2,000,  it  will  create  a  great  deal  of  dissatisfaction,  and  I  fear  it  will  en- 
danger the  adoption  of  the  Constitution  by  the  people.  One  gentleman 
has  remarked  that  his  constituents  instructed  him  to  provide  for  a  small 
number  of  officers,  but  to  give  them  a  liberal  salary.  Now  I  proposed  to 
reduce  the  number  of  judges  to  five  for  the  present,  but  the  Convention 
have  decided  to  provide  for  the  election  of  eight.  The  gentleman  seems 
anxious  to  follow  out  the  instructions  of  his  constituents  in  the  second 
particular,  but  neglects  to  obey  their  instructions  in  the  first  particular. 
For  myself,  I  would  have  no  serious  objections  to  fixing  the  salary  at 
$2,000,  were  I  confident  a  large  majority  of  the  people  would  be  satisfied 
with  that  sum,  and  I  fear  that  it  might  endanger  the  adoption  of  the  Con- 
stitution.   For  these  reasons  I  offer  this  substitute  as  a  compromise. 

Mr.  Blunt.     Mr.  President,  I  desire  to  sav  a  few  words  on  this  sub- 


16G  Convention  Proceedings  and  Debates. 

ject.  I  hope  the  amendment  will  not  prevail,  but  that  this  Convention 
will  agree  to  the  amendment  fixing  the  minimum  salary  at  $2,000.  1  think 
this  is  a  matter  of  considerable  importance,  although  none  of  personal  in- 
terest to  me,  it  may  be  to  some  gentlemen  of  the  legal  profession  upon 
this  floor.  I  have  no  interest  in  this  subject  but  that  in  common  with 
other  citizens  of  the  Territorj^  From  the  arguments  advanced  here  by 
gentlemen  who  oppose  the  amendment  of  the  gentleman  from  Atchison 
(Mr.  Graham)  it  seems  that  a  fit  of  economy  has  come  over  them,  and 
they  are  fearful  of  inserting  in  the  Constitution,  as  the  minimum  salary  of 
judges  $2,C00,  for  fear,  perchance,  the  people  will  reject  the  Constitution. 
Now,  I  cannot  speak  for  the  whole  Territory  or  any  considerable  portion 
of  it,  but  from  the  little  knowledge  I  have  of  the  people,  I  take  it  for 
granted  they  are  pretty  sensible  people,  and  fully  appreciate  the  impor- 
[*84]  tance  of  this  question — that  they  ap*preciate  the  importance  of 
securing  good  legal  talent  on  the  bench,  and  do  not  wish  to  avail  them- 
selves of  that  talent  without  giving  an  equivalent  in  the  way  of  a  liberal 
compensation.  If  it  is  upon  the  point  of  economy  and  retrenchment  that 
we  are  to  rule  down  to  $1,500  as  the  minimum,  I  will  suggest  that,  in  lieu 
thereof,  we  amend  the  section  we  passed  yesterday,  which  gives  to  mem- 
bers of  the  Legislature  three  dollars  a  clay,  and  insert  two  dollars  a  day. 
Take  it  from  members  of  the  Legislature  and  give  it  to  the  judges  of  the 
supreme  and  district  courts.  I  am  convinced  you  can  secure,  at  two  dol- 
lars a  day,  persons  better  qualified  to  represent  the  coimties  in  the  Legis- 
lature, than  you  can  secure  good  legal  talent  upon  the  bench  at  $2,000. 
Perhaps  I  should  not  feel  so  much  interest  in  this  question,  had  I  not  seen 
the  low  salary  principle  in  Ohio,  where  the  whole  thing  is  left  to  the  Legis- 
lature. Since  the  adoption  of  the  Constitution  of  1850- '51,  the  salaries 
have  been  so  fixed.  I  think  the  first  time  it  was  fixed  at  $1,200;  that  was 
found  to  be  insufficient,  and  it  was  raised  to  $1,500;  and  I  be'ieve  since  to 
$1,800.  That  fails  to  secure  good  legal  talent  in  the  State  of  Ohio,  from 
the  fact  that  no  person  is  competent  to  sit  upon  the  bench  but  what 
makes,  from  his  profession,  more  than  double  that  amount.  Judces  can- 
not live  without  eating  and  being  clothed,  and  providing  the  same  for  their 
families.  I  was  told  by  one  judge  who  resigned,  that  he  was  forced  to  do 
so  on  account  of  the  insufliciency  of  the  salary,  and  go  back  to  the  prac- 
tice of  law.  I  know  that  thing  has  occurred  time  and  again;  so  that  it  is 
seldom  they  can  secure  the  services  of  a  judge  for  more  than  one  year  at 
a  time.  The  office  goes  a-bexging.  No  one  can  accept  the  office  unless 
he  accepts  it  merely  for  the  honor,  and  has  an  ample  fortune  sufficient  to 
fall  back  upon.  I  believe  if  this  question  is  properly  presented  to  the 
people — the  importance  of  securing  upon  the  bench  men  qualified  to  be 
entrusted  with  our  personal  interests,  with  our  lives  and  liberty — they 
will  be  satisfied  to  have  fixed  in  the  Constitution  the  minimum  salary  at 
$2,000.  I  am  opposed  to  leaving  this  matter  to  the  uncertainty  of  the 
Legislature.  If  the  Legislature  see  proper  to  increase  the  salary  to  $3,000, 
I  have  no  objection,  and,  indeed,  think  it  would  be  proper  to  do  so.  I  hope 
the  Convention  will  view  the  matter  in  that  light  which  the  importance 
of  the  subject  demands,  and  accept  of  the  amendment  proposed  by  the 
gentleman  from  Atchison. 

Mr.  J.  Blood.  For  the  purpose  of  testing  the  sense  of  the  Convention 
upon  the  amendment  of  the  gentleman  from  Atchison,  I  withdraw  my 
motion. 

Mr.  Thacheh.  Mr.  President,  I  move  to  lay  the  ;imendment  of  the 
gentleman  from  Atchison  on  the  table. 


Thursday,  July  14,  1859.  167 

The  yeas  and  nays  were  demanded,  and  being  ordered  and  taken,  re- 
sulted—yeas 31,  nays  IS — as  follows: 

Yeas— Messrs.  Arthur,  Burnett,  Barton,  J.  Blood,  N.  C.  Blood,  Crocker, 
Button,  Griffith,  Hubbard,  Hutchinson,  Hanway,  Hoffman,  Houston,  King- 
man, Lillie,  Lamb,  Middleton,  May,  Moore,  McCune,  McCullough,  Pres- 
ton, Palmer,  Ritchie,  Signor,  Stokes,  Thacher,  Townsend,  J.  Wright,  T.  S. 
Wright,  Williams— 31. 

Nays— Messrs.  Blunt,  Brown,  Burris,  Foster,  Forman,  Graham,  Hippie, 
Ingalls,  McDowell,  McClelland,  Parks,  Porter,  Ross,  Slough,  Stinson, 
Stiarwalt,  Simpson,  Wrigley — 18. 

So  the  Convention  refused  to  lay  the  amendment  on  the  table. 

Mr.  BuRRis.  Mr.  President,  I  now  renew  my  substitute,  as  follows: 
"Justices  of  the  supreme  court  and  judges  shall  receive  such  compensa- 
tion as  may  be  provided  by  law." 

Mr.  Slough.  Mr.  President,  I  move  to  amend  the  section  by  striking 
out  the  words  "and  not  more  than  $2,000." 

Mr.  Hutchinson.    I  move  to  lay  the  substitute  and  amendment  on  the 
table. 
[*85]     *The  motion  was  lost  on  a  division— affirmative  18,  negative  22. 

Mr.  Burris.  I  accept  the  amendment  of  the  gentleman  from  Leaven- 
worth (Mr.  Slough). 

The  substitute  was  adopted,  and  then  the  section,  as  amended,  was 
adopted. 

Mr.  J.  Blood.  Mr.  President,  I  propose  to  offer  an  additional  section, 
to  be  numbered  section  15.    It  is  as  follows: 

"Sec.  15.  The  Legislature  shall  impose  a  tax  on  all  civil  suits  com- 
menced or  prosecuted  in  the  district  and  all  inferior  courts,  which  shall 
constitute  a  fund  to  be  applied  toward  the  payment  of  the  salary  of 
judges." 

Mr.  J.  Blood.  Mr.  President,  I  believe  that  if  the  people  choose  to  go 
to  law,  the  parties  themselves  should  pay  the  costs  of  the  suit,  and  the 
people  should  not  be  taxed  to  pay  the  salary  of  judges.  That  policy  has 
been  adopted  in  some  of  the  States,  and  in  my  opinion  it  is  a  good  one. 
I  offer  it  to  get  the  sense  of  the  Convention. 

Mr.  Stinson.  Mr.  President,  this  is  a  new  theory.  I  always  understood 
that  it  was  one  of  the  first  provisions  as  well  as  the  duty  of  a  government, 
to  administer  justice  voluntarily  between  its  citizens.  I  did  not  know  that 
a  court  should  be  self-sustaining.  1  know  of  but  one  State — the  State  of 
Wisconsin — where  a  one  dollar  State  tax  is  imposed  upon  every  suit;  and 
that  tax  is  generally,  I  think,  covered  up  in  some  way,  probably  in  the 
clerk's  office,  before  it  arrives  at  the  State  Treasurer's  office.  I  suppose  it 
will  cost  the  State  two  dollars  for  every  one  it  gets.  I  move  to  lay  the 
section  on  the  table. 

The  motion  was  agreed  to. 

Mr.  Slough.  Mr.  President,  before  we  leave  section  14,  I  desire  to 
amend  its  phraseology.  The  intention  was  to  make  the  compensation 
$1,500  to  each  judge.  I  suppose  the  Convention  will  consent  to  the  cor- 
rection. I  desire  to  add  the  words  "each  year  to  each  justice  or  judge 
thereof." 

A  voice.    I  suggest  "per  year." 

Mr.  Slough.    I  like  "each"  better.    That  is  English. 


16S  Convention  Proceedings  and  Debates. 

It  was  agreed  to  by  consent. 

Sec.  15  was  read. 

Mr.  McDowell.  Mr.  President,  I  move  to  amend  after  the  words 
"judicial  districts"  by  inserting  the  words  "and  supreme  justices." 

On  motion  by  Mr.  Stinson,  the  amendment  was  laid  on  the  table. 

Mr.  TowNSEND.  Mr.  President,  I  would  ask  the  meaning  of  the  words 
"compact  territory." 

The  President.    The  matter  is  entirely  with  the  Convention. 

Mr.  Slough.  I  suppose  it  means  territory  lying  adjacent,  contiguous, 
lying  together. 

The  sec.  15  was  adopted. 
Sections  17  and  18  were  read  and  adopted. 

Mr.  BuRRis.  Mr.  President,  I  move  that  the  further  consideration  of 
this  report  be  postponed  till  to-morrow. 

The  motion  was  rejected  on  a  division — affirmative  17,  negative  22. 
Sec.  19  was  read. 

Mr.  Blunt,  Mr.  President,  I  move  to  amend  by  striking  Douglas 
county  from  the  fourth,  and  putting  her  in  the  first  district. 

Mr.  Stinson.    I  move  to  lay  the  motion  on  the  table. 

This  motion  was  agreed  to  upon  a  division — affirmative  26,  negative  7. 

The  sec.  19  was  adopted. 

Sec.  20  was  read  and  adopted. 

Sec.  21  was  read. 

Mr.  Ritchie.  Mr.  President,  I  move  to  amend  by  striking  out  the 
words  "by  the  bar." 

It  was  laid  on  the  table. 

Mr.  Hutchinson,  INIr.  President,  I  wish  to  change  the  last  line.  As 
it  now  reads,  "if  the  judge  is  absent  in  any  single  case  at  the  hour  the 
court  shall  be  called,  if  it  be  the  judgment  of  the  bar,  they  can  appoint 
[*86]  any  *person  in  his  place,  whether  of  the  district  or  not.  In  all 
probability  they  would  appoint — 

The  President.  The  gentleman  is  out  of  order,  unless  he  wishes  to 
offer  an  amendment. 

Mr.  Hutchinson.  I  move  to  strike  out  the  words  "in  any  case,"  and 
insert  the  words  "at  the  regular  term."  I  am  not  strenuous  about  it, 
however,  since  every  member  of  the  bar  here  is  so  disposed  to  carry  the 
point.  I  think  it  is  giving  them  too  much  discretion  to  allow  them  to 
appoint  those  of  their  own  profession  to  preside  in  cases  where  they  may 
be  already  feed.  I  should  think  there  ought  to  be  a  barrier  made  against 
any  such  person  serving  in  that  capacity.  I  do  not  think  it  should  be  left 
so  open  as  it  now  stands. 

On  motion  by  Mr.  Stinson,  this  motion  was  laid  on  the  table. 

Sec.  21  was  then  adopted. 

Mr.  McDowell.  Mr.  President,  I  move  to  refer  this  report  to  the 
committee  on  phraseology  and  arrangement,  and  that  it  be  printed. 

The  motion  was  agreed  to. 

education. 

Mr.  Greer.  The  article  on  the  preamble  and  bill  of  rights  is  printed 
and  on  our  tables. 


Thursday,  July  14,  1859.  169 

The  President.  A  special  order  for  this  day  is  a  report  from  the  com- 
mittee on  education. 

Mr.  Thacher.  I  move  that  we  go  into  committee  of  the  whole  on  that 
report. 

The  motion  was  agreed  to. 

The  Convention  accordinsly  resolved  itself  into  a  committee  of  the 
whole,  Mr.  McDowell  in  the  chair,  and  took  up  the  consideration  of  the 
report  of  the  committee  on  education. 

Mr.  Slough  moved  that  it  be  taken  up  section  by  section. 

It  was  agreed  to. 

Mr.  Hutchinson.  Mr.  President,  I  would  like  to  enquire  of  the  chair- 
man of  this  committee,  for  I  have  not  read  this  report  through,  whether 
there  is  a  provision  made  for  a  superintendent  of  the  school  fund. 

Mr.  Griffith  said  he  was  not  aware  that  the  committee  on  education 
had  made  their  report  to  the  Convention,  as  yet.  To  be  sure,  it  was 
printed  and  had  been  laid  upon  the  desks  of  members,  b\it  it  had  not  been 
formally  presented  to  the  Convention. 

On  motion  by  Mr.  Slough,  the  committee  rose,  and  through  their  chair- 
man reported  that  they  had  been  considering  the  article  on  education, 
which  was  improperly  before  them. 

The  President.  I  would  enquire  of  the  Secretary  whether  the  records 
show  that  the  report  has  been  made  to  the  Convention?  (The  Secretary 
answers  aside).  The  Secretary  says  the  records  do  not  show  any  surh  re- 
port. The  chair  remembers  that  this  report  was  made  a  special  order  for 
to-day. 

Mr.  Slough.    My  recollection  is  different. 

woman's  rights. 

Mr.  Kingman.  The  committee  on  the  judiciary,  in  connection  with  the 
committee  on  elective  franchise,  to  whom  was  referred  petitions  of  certain 
citizens  in  Douglas  and  Shawnee  counties,  protesting  against  the  consti- 
tutional difference  made  between  the  sexes,  makes  the  following  report: 

The  committee  on  the  judiciary,  to  whom,  in  connection  with  the  com- 
mittee on  elective  franchise,  was  referred  the  petition  of  sundry  citizens 
of  Kansas  "protesting  against  any  constitutional  distinctions  based  on 
difference  of  sex,"  have  had  the  same  under  consideration,  and  beg  leave 
to  make  the  following  report:  Your  committee  concede  the  point  in  the 
petition  upon  which  the  right  is  claimed  "that  the  women  of  the  State 
have,  individually,  an  evident  common  interest  with  its  men  in  the  protec- 
tion of  life,  liberty,  property  and  intelligent  culture;"  and  is  not  dis- 
posed to  deny  that  sex  "involves  them  in  greater  and  more  complicated 
responsibilities."  But  the  committee  are  compelled  to  dissent  from  the 
conclusion  of  petitioners.  They  think  the  rights  of  women  are  safe  in 
present  hands — the  proof  that  they  are  so,  is  found  in  the  growing  disposi- 
[*87]  tion  on  the  part  of  different  Legislatures  to  extend  and  pro*tect 
the  rights  of  property,  and  in  the  enlightened,  progressive  spirit  of  the 
age,  which  acts  quietly  but  efficiently  upon  the  legislation  of  the  day. 
Such  rights  as  are  natural  are  now  enjoyed  as  fully  by  women  as  men. 
Such  rights  and  duties  as  are  merely  political  in  their  character,  they 
should  be  relieved  from,  that  they  may  have  more  time  to  attend  to  those 
"greater  and  more  complicated  responsibi'ities"  which,  petitioners  claim 
and  your  committee  admits,  devolve  upon  women. 


170  Convention  Proceedings  and  Debates. 

The  theological  view  of  this  question,  your  committee  will  not  consider. 
All  of  which  is  respectfully  submitted. 

Sam'l  a.  Kingman,  Sam.  A.  Stinson, 

John  J.  Burris,  J.  P.  Greer, 

Geo.  H.  Lillie,  P.  S.  P.-vrks, 

Jno.  p.  Slough,  Benj.  Wrigley, 

J.  G.  Blunt. 

EDUCATION. 

On  motion  of  Mr.  Slough,  the  report  was  ordered  to  be  placed  on  file. 

Mr.  Slough.  Mr.  President,  in  view  of  the  fact  that  we  have  what 
purports  to  be  the  reports  of  several  committees  printed  and  lyins;  upon 
our  tables  before  us,  I  move  that  these  committees  be  called  upon  to  re- 
port. I  move  that  the  committee  on  Preamble  and  Bill  of  RiT;hts  and  the 
committee  on  Education  be  called  upon  to  report. 

The  motion  was  agreed  to. 

Mr.  Griffith.  Mr.  President,  in  behalf  of  the  committee  on  Educa- 
tion, I  am  directed  to  make  the  following  report: 

"Sec.  1.  The  General  Assembly  shall  provide  for  the  election,  by  the 
people,  of  a  State  Superintendent  of  PubUc  Instruction,  who  shall  hoM  his 
office  for  two  years,  and  who  shall  have  the  general  supervision  of  the 
common  school  funds  and  educational  interests  of  the  State,  and  shall  per- 
form such  other  duties  as  shall  be  provided  by  law.  County  Superintend- 
ents of  Public  Instruction  shall  also  be  elected  in  each  county,  whose  term 
of  office  shall  hold  two  years,  and  whose  duties  and  compensation  shall  be 
prescribed  by  law. 

2.  The  General  Assembly  shall  encourage  the  promotion  of  intellectual, 
moral,  scientific  and  agricultural  improvement,  by  establishing  a  uniform 
system  of  common  schools  and  other  schools  of  a  higher  grade,  embracing 
Normal,  Preparatory,  Collegiate  and  University  Departments,  which 
schools  shall  be  open  for  the  admission  of  pupils  of  both  sexes. 

3.  The  proceeds  of  all  lands  that  have  been,  or  may  hereafter  be 
granted  by  the  United  States  to  this  State,  for  the  support  of  schools,  and 
the  five  hundred  thousand  acres  of  land  granted  to  the  new  States,  under 
an  act  of  Congress  distributino;  the  proceeds  of  the  public  lands  among  the 
several  States  of  the  Union,  approved  a.d.  1841,  and  all  estates  of  deceased 
persons  who  may  have  died  without  leaving  a  will  or  heir,  and  also  such 
per  cent,  as  may  be  granted  by  Congress  on  the  sale  of  lands  in  this  State 
shall  be  the  common  property  of  the  State,  and  shall  be  and  remain  a  per- 
petual school  fund  which  shall  not  be  diminished,  but  the  interest  of 
which,  together  with  the  rents  of  the  lands,  and  such  other  means  as  the 
General  Assembly  may  provide,  by  tax  or  otherwise,  shall  be  inviolably 
appropriated  to  the  support  of  common  schools. 

4.  The  income  of  the  State  school  funds,  together  with  any  funds  raised 
in  any  other  manner  for  school  i:)urposes,  shall  be  disbursed  annually  by 
order  of  the  State  Superintendent  to  the  several  County  Treasurers,  and 
thence  to  the  Treasurer  of  the  several  school  districts  in  equitable  propor- 
tion to  the  number  of  children  and  youth  resident  therein,  between  the 
ages  of  five  and  twenty-one  years;  Provided,  that  no  school  district  shall 
be  entitled  to  receive  anj'  portion  of  the  income  thus  arising  which  shall 
not  have  kept  up  and  supported  a  school  at  least  three  months  in  each  year. 
[*88]  5.  The  school  lands  shall  not  be  sold  unless  *such  sale  shall  be 
authorized  by  a  vote  of  the  people  at  an  election  authorized  by  law,  but 


Thursday,  July  14,  1859.    •  171 

subject  to  revaluation  every  five  years,  they  may  be  leased  in  any  number 
of  years  not  exceedinci:  twenty-five,  at  a  per  centum  established  by  law. 

6.  The  money  which  shall  be  paid  by  persons  as  an  equivalent  for 
exemption  from  military  duty,  and  the  clear  proceeds  of  estrays,  owner- 
ship of  which  shall  vest  in  the  taker-up,  and  the  proceeds  of  all  fines  col- 
lected in  the  several  counties  for  any  breach  of  the  penal  laws,  shall  be 
exclusively  applied  in  the  several  counties  in  which  the  money  is  paid  or 
fines  collected,  to  the  support  of  common  schools,  to  be  apportioned  among 
the  districts  as  may  be  prescribed  by  law. 

7.  Provisions  shall  be  made  by  law  for  the  establishment  of  a  State 
University,  for  the  promotion  of  literature,  the  arts  and  sciences,  includ- 
ing a  Normal  and  Agricultural  department,  to  be  located  at  some  pli^ible 
and  central  point.  The  funds  that  may  arise  from  the  rents  or  sale  of  the 
lands  that  may  be  granted  by  the  United  States  to  the  State  for  the  sup- 
port of  a  State  University,  and  any  other  grants,  donations  or  bequests 
which  shall  be  made,  either  by  the  State  or  by  individuals,  for  such  pur- 
pose, shall  be  and  remain  a  perpetual  fund,  to  be  called  the  "University 
Fund";  the  interest  of  which  shall  be  appropriated  to  the  support  of  the 
State  University. 

8.  No  religious  sect  or  sects  shall  ever  have  any  right  to  or  control  of 
any  part  of  the  common  school  funds  or  University  funds  of  this  State. 

9.  The  children  of  African  descent  shall  be  entitled  to  an  equitable  pro- 
portion of  the  common  school  funds  of  the  State,  and  the  Legislature  shall 
make  suitable  pro\dsion  for  their  education. 

PUBLIC    INSTITUTIONS. 

1.  Institutions  for  the  benefit  of  the  insane,  blind  and  deaf  and  dumb, 
and  such  other  benevolent  institutions  as  the  public  good  may  require, 
shall  always  be  fostered  and  supported  by  the  State,  and  be  subject  to  such 
regulations  as  may  be  prescribed  by  law. 

2.  The  directors  of  the  Penitentiary  shall  be  appointed  or  elected  in 
such  manner  as  the  general  assembly  may  direct,  and  the  Trustees  of  such 
benevolent  institutions  as  may  be  hereafter  created,  shall  be  appointed  by 
the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate,  and  upon 
all  nominations  made  by  the  Governor,  the  question  shall  be  taken  by  yeas 
and  nays,  and  entered  upon  the  journals  of  the  Senate. 

3.  The  Governor  shall  have  power  to  fill  all  vacancies  that  may  occur  in 
the  offices  aforesaid  until  the  next  session  of  the  General  Assembly  and 
until  a  successor  to  his  appointee  shall  be  confirmed  and  qualified. 

4.  The  respective  counties  of  the  State  shall  provide  in  some  suitable 
manner  for  those  inhabitants  who,  by  reason  of  age,  infirmity,  or  other 
misfortune,  may  have  claims  upon  the  sympathy  and  aid  of  society,  un- 
der provision  to  be  made  by  the  General  Assembly. 

Mr.  Slough.  I  move  we  d'spense  with  the  reading  of  the  report,  and 
that  we  go  into  Committee  of  the  Whole  on  the  subject. 

Mr.  Thacher.  The  Convention  ordered  a  report  from  another  com- 
mittee. I  suggest  the  gentleman  withdraw  his  motion  till  we  hear  from 
their  chairman. 

Mr.  Slough.    I  withdraw  my  motion. 

Mr.  Hutchinson.  As  chairman  of  the  committee  on  Preamble  and 
Bill  of  Rights,  I  ask  for  further  time. 

The  President.    Unless  objection  is  made,  further  time  will  be  granted. 


172  CoNMiNTioN  Proceedings  and  Debates. 

Mr.  Slough.  I  now  renew  my  motion  to  go  into  Committee  of  the 
Whole  on  the  report  of  the  committee  on  Education. 

The  motion  was  agreed  to,  and  the  Convention  resolved  itself  into 
Committee  of  the  Whole — Mr.  McDowell  in  the  Chair,  and  took  up  the 
Education  article. 

[*89]     *0n  motion  by  Mr.  McClelland  the  report  was  taken  up  section 
by  section. 

Section  1  was  read. 

On  Mr.  Kingman's  motion  the  words  "shall  hold  two  years"  were  made 
to  read  "shall  be  two  years." 

And  so  the  section  was  adopted. 

Section  2  was  read. 

Mr.  Burnett.  Mr.  Chairman,  I  move  to  strike  out  the  words  "General 
Assembly"  and  insert  the  word  "Legislature." 

The  Chairman.  By  consent  the  same  amendment  will  be  made  in  the 
first  section. 

Mr.  Wrigley.  I  move  to  amend  by  inserting  after  the  word  "of"  and 
before  "pupils"  the  word  "white." 

Mr.  Bl'RNEtt.    I  move  to  amend  by  inserting  the  word  "copper  colored." 

These  motions  were  laid  on  the  table  on  a  division — affirmative  22, 
negative  17. 

The  section  was  then  adopted. 

Mr.  Lillie.    It  seems  to  me  that  last  line  does  not  read  right. 

Section  3  was  read. 

The  Chairman.  The  chair  would  suggest  that  the  words  "General 
Assembly"  occur  in  this  section.  If  there  is  no  objection  the  Secretary  is 
authorized  to  make  it  "Legislature." 

Section  3  was  then  adopted. 

Section  4  was  read. 

Mr.  Griffith.  I  would  suggest  an  amendment  after  the  word  "arising," 
making  it  read  "in  which  there  shall  not  have  been  kept."  &c.  The  opera- 
tion of  this  would  be  to  leave  it  in  the  power  of  a  certain  number  of  indi- 
viduals to  raise  a  school  where  the  district  should  refuse  to  act. 

Mr.  Kingman.  I  will  agree  if  you  will  put  the  word  "common"  before 
the  word  "schools." 

Mr.  Griffith.  I  have  no  objection  to  that.  The  committee  overlooked 
that  th'ng.  It  is  possible  that  one-third  of  the  inhabitants  of  a  district 
would  be  in  favor  and  two-thirds  against,  this  one-third  then  could  go 
forward,  open  a  school,  and  be  entitled  to  receive  their  proportion  of  the 
fund. 

The  amendment  was  agreed  to  by  consent,  and  section  4  adopted. 

Section  5  was  read  and  adopted. 

Section  6  was  read  and  adopted. 

Section  7  was  read. 

Mr.  Greer.    I  move  that  this  section  be  stricken  out. 

Mr.  Thacher.  Mr.  Chairman,  I  would  like  to  hear  a  reason  for  so 
doing. 

Mr.  Greer.  One  reason  is  that  I  am  opposed  to  State  Universities. 
I  think  institutions  of  learning  ought  to  be  left  to  individual  or  private 


Thursday,  July  14,  1859.  173 

enterprise.  State  Universities  are  often  the  subject  of  acrimonious  con- 
troversy between  several  portions  of  States;  and  as  a  general  thing  result 
in  no  particular  good. 

Mr.  Griffith.  Mr.  Chairman,  I  am  one  of  those  who  believe  that  the 
establishment  of  a  State  University  would  be  a  matter  of  great  importance 
to  the  future  State  of  Kansas;  but  I  am  opposed  to  the  establishment 
of  more  than  one.  I  believe  that  the  interests  of  our  future  State  require 
that  we  should  build  up  one  magnificent  college  that  shall  not  only  give 
instructions  in  the  arts  and  sciences,  but  that  shall  have  an  agricultural 
department  where  our  sons  may  receive  a  thorough  agricultural  educa- 
tion. I  believe  the  wants  of  community  demand  such  an  institution.  Let 
us  in  the  beginning  make  a  fundamental  pro\ision  that  we  may  establish 
such  an  institution;  so  that  if  it  should  be  thought  necessary  the  Legis- 
lature can  have  the  power  to  do  so.  The  Congress  of  the  United  States 
will  be  likely  to  confer  some  magnificent  land  grants  for  this  purpose 
upon  the  States  and  Territories;  and  if  so,  let  us  use  our  part  as  W3 
ought.  I  do  not  propose  to  make  an  argument  upon  this  matter.  I  pre- 
sume, sir,  there  is  little  difterence  of  opinion  upon  this  subject.  I  do  not 
believe  gentlemen  can  bring  objections  sufficient  to  influence  this  Conven- 
[*90]  tion  to  reject  *this  section.  If  I  thought  so,  I  should  feel  disposed 
to  enter  into  the  discussion,  and  adduce  reasons  why  we  should  adopt  this 
provision. 

The  motion  was  rejected. 

Mr.  Form  AN.  I  move  to  strike  out  of  the  first  line  the  word  "shall"  and 
insert  "may." 

Mr.  Houston.  Mr.  Chairman,  in  striking  out  that  word  you  don't  make 
it  obligatory  upon  the  Legislature  to  take  action  in  the  premises — they 
may  or  they  may  not.  I  do  not  know  that  I  am  very  anxious  for  the 
establishment  of  a  State  University — as  they  have  generally  been  con- 
ducted. But  there  is  one  branch  that  this  Convention  ought  not  to  pass 
over.  I  refer  to  an  Agricultural  branch.  I  hope  gentlemen  will  take 
some  positive  position  in  regard  to  an  Agricultural  College  or  Institution  of 
Learning.  What  are  the  facts?  We  have  a  vast  extent  of  country  ex- 
tending north  and  south — a  country  that  is  high  and  rolling.  On  the  west 
our  country  for  many  years  to  come  will  be  extending,  and  is  now  some 
three  or  four  hundred  miles  wide.  This  portion  of  the  country  is  extremely 
dry,  and  the  properties  of  that  soil  have  never  been  tested.  It  does  seem 
to  me  that  it  would  pay  well  to  place  in  that  district  an  agricultural  branch 
that  would  give  the  highest  possible  development  of  that  soil.  I  live 
directly  west  of  here.  When  I  went  there  it  was  my  conviction  that 
a  large  portion  of  that  country  would  be  worthless,  but  I  have  changed 
my  opinion  from  practical  experience.  I  am  convinced  by  peculiar  cir- 
cumstances that  if  an  agricultural  institution  were  located  out  there,  it 
would  give  value  to  that  country,  and  would  enable  us  to  sell  a  vast 
amount  of  land  that  will  otherwise  remain  for  one  hundred  years  com- 
paratively worthless  to  the  State.  I  hope,  gentlemen,  you  will  consider 
the  importance  of  taking  some  step  that  will  thus  enhance  the  value  of 
one-half  the  land  in  Kansas. 

Mr.  Griffith.  I  am  not  tenacious  about  it,  but  in  my  judgment  either 
word  is  sufficient  to  give  the  Legislature  power  to  act  in  the  matter. 

Mr.  Blunt.  Mr.  Chairman,  I  think  the  words  "shall"  and  "may" 
admit  of  a  different  interpretation — have  different  meanings.  I  am  in 
favor  of  the  proposition  to  strike  out  "shall"  and  insert  "may."    As  the 


174  Convention  Proceedings  and  Debates. 

section  now  stands,  it  seems  that  it  is  obligatory  on  the  Legislature  to 
establish  a  University.  I  do  not  propose  to  speak  of  the  utility  of  a  State 
University.  I  think  the  matter  should  be  left  to  the  Legislature.  I  think 
the  Legislature  should  not  be  made  to  act  in  the  case.  The  word  "may" 
leaves  the  question  open.  Without  using  any  argument  for  or  against,  I 
shall  vote  for  the  proposition  to  strike  out  "shall"  and  insert  "may." 
The  motion  was  rejected,  on  a  division — aff.  16,  neg.  17. 

Mr.  Button  moved  that  the  words  "shall  be  made"  read  "may  be 
made." 

Mr.  Griffith.  I  would  suggest  that  the  word  "may"  will  not  be  proper 
language. 

Mr.  Prest.  Winchell.    I  believe  "may"  is  the  proper  word. 

Mr.  Blunt.    My  opinion  is,  "may"  would  be  more  appropriate. 

The  motion  was  agreed  to  and  Section  7  adopted. 

Section  8  was  read  and  adopted. 

Section  9  was  read. 

Mr.  Stiarwalt.    I  move  to  strike  out  the  whole  section. 

The  motion  was  agreed  to,  on  a  division — aff.  26,  neg.  6. 

Mr.  Slough.    I  move  a  substitute  for  Section  9  as  follows: 

"Sec.  9.  Mixed  common  schools,  or  universities  for  children  of  white 
blood  and  children  of  African  descent  shall  not  be  permitted  in  this  State." 

The  substitute  was  laid  on  the  table — aff.  25,  neg.  17. 

Mr.  J.  Blood.  Mr.  Chairman,  I  propose  the  following  substitute: 
[*91]  "Sec.  9.  The  State  Superintendent  of  Pubhc  '^Instruction,  the 
Secretary  of  State  and  Attorney  General  shall  constitute  a  Board  of  Com- 
missioners for  the  management  and  sale  of  school  and  university  lands, 
and  for  the  investment  of  funds  arising  therefrom.  Any  two  of  said 
Commissioners  shall  constitute  a  quorum  for  the  transaction  of  all  busi- 
ness pertaining  to  the  duties  of  their  offices." 

The  substitute  was  adopted,  and  so  that  branch  of  the  report  was 
passed. 

public  institutions. 

The  first  paragraph  in  this  branch  of  the  report  was  read  and 
adopted. 

The  second  paragraph  was  read. 

Mr.  President  Winchell.  I  move  that  the  words  "General  Assembly" 
be  changed  to  "Legislature." 

'The  Chair.    I  suppose  that  will  be  done  by  common  consent. 

So  the  paragraph  was  adopted. 

The  third  paragraph  was  read. 

Mr.  President  Winchell.    I  would  suggest  the  same  correction. 

The  Chair.    If  there  is  no  objection,  it  will  be  made. 

The  paragraph  was  adopted. 

The  fourth  paragraph  was  read. 

Mr.  President  Winchell.    I  would  suggest  the  same  correction. 

The  Chair.    It  will  be  made  unless  objected  to. 

The  paragraph  was  adopted. 

Mr.  Blunt.    I  move  that  the  Committee  rise  and  report  progress. 


Thursday,  July  14,  1859.  175 

The  motion  was  agreed  to. 

The  Committee  accordingly  rose  and  reported  back  the  article  on  Edu- 
cation with  the  foregoing  amendments. 

I\'^r.  HipPLE.  ]\Ir.  President,  I  move  that  we  take  up  the  article  and 
consider  it  section  by  section. 

The  motion  was  agreed  to  and  section  1  was  read. 

Mr.  N.  C.  Blood.  I  move  that  the  words  "General  Assembly"  be 
stricken  out  and  "Legislature"  inserted  instead. 

The  PREsmENT.    If  there  is  no  objection,  this  correction  will  be  made. 

And  so  the  section  was  passed. 

Sec.  2  was  read. 

Mr.  McDowell.  ]\Ir.  President,  I  move  to  amend  by  inserting  after 
the  words  "admission  of"  the  word  "white,"  and  ask  the  yeas  and  nays 
upon  my  amendment. 

Mr.  Thacher.    I  move  to  lay  the  amendment  on  the  table. 

The  yeas  and  nays  were  ordered  and  demanded,  and  being  taken,  resulted 
— yeas  26,  nays  25 — as  follows: 

Yeas — Messrs.  Burnett,  Blunt,  J.  Blood,  N.  C.  Blood,  Crocker,  Button, 
Graham,  Griffith,  Hutchinson,  Hanway,  Ingalls,  Lamb,  Middleton,  Mc- 
Cullough,  Preston,  Ritchie,  Ross,  Signor,  Stokes,  Simpson,  Thacher,  Town- 
send,  Williams,  Mr.  President — 26. 

Nays — Messrs.  Brown,  Barton,  Burr's,  Foster,  Forman,  Greer.  Hiriple, 
Hubbard,  Houston,  Kingman,  LiUie,  May,  ]\^oore,  McDowell,  McCune, 
McClelland,  Palmer,  Parks,  Porter,  Slouch,  Stinson,  Stiarwalt,  J.  Wright. 
Wrigley,  T.  S.  Wright— 25. 

So  the  amendment  was  laid  on  the  table. 

Mr.  Stinson.  Mr.  President,  I  move  to  add  to  the  section  the  follow- 
ing words:  "but  no  negro  or  mulatto  pupils  shall  be  admitted  to  such 
schools." 

A  voice.    That  is  the  same  proposition  that  we  just  voted  down. 

The  PREsmENT.  The  Chair  is  under  the  necessity  of  ruling  the  motion  as 
not  identical,  inasmuch  as  the  other  amendment  would  have  excluded 
Indian  children. 

Mr.  Griffith.  Mr.  President,  I  desire  the  Legislature  to  be  left  to  pass 
such  laws  upon  this  subjer't  as  they  shall  deem  necessary.  I  hope  sentle- 
men  will  not  say  that  our  Constitution  shall  discriminate  upon  the  difference 
between  persons.  If  we  incorporate  provisions  that  shall  exclude  any 
class,  the  time  may  not  be  far  distant  when  we  may  wish  we  had  not  done 
[*92]  so.  If  we  leave  it  to  public  -sentiment,  as  expressed  through  the 
Legislature  of  the  State,  the  people  all  can  govern  in  this  matter.  My 
friends  o\-er  the  way  profess  to  be  popular  sovereignty  men.  Let  us  leave 
this  matter  to  the  people  then. 

Mr.  Stinson.  Mr.  President,  we  come  from  Leavenworth  county  repre- 
senting a  popular  sovereignty  constituency,  whose  will  is  in  favor  of  ex- 
cluding ne'^roes  from  the  common  schools  of  Kansas,  and  we  don't  w'sh 
to  let  an  opporturity  go  by  without  so  expressing  that  sentiment.  We 
would  be  unfaithful  to  our  trust  did  we  do  so.  We  want  a  record  upon  this 
question,  and  we  are  as  willing  to  take  it  upon  a  motion  that  takes  it  to  the 
table  as  in  any  other  way,  but  we  want  gentlemen  to  stand  by  that  record 
before  the  people. 


17b  Convention  Proceedings  and  Debates. 

Mr.  BuKRis.  It  is  an  old  maxim  that  beggars  should  not  be  choosers.  We 
are  talking  about  a  fund  that  may  be  given  us  by  the  general  government. 
What  claim  has  one  class  of  men  to  the  common  benefits  of  this  country 
above  that  of  each  and  all  classes?  If  any  gentleman  can  point  out  any 
view  or  precedent  that  can  be  recognized  in  law  or  justice,  we  will  yield 
the  point.  We  must  proceed  upon  the  supposition  that  the  blacks  are  to 
live  in  common  with  the  whites.  It  is  supposed  that  they  are  to  mingle 
and  live  together  with  irs.  I  ask  if  it  is  desirable  to  see  that  class  of  citi- 
zens growing  up  in  entire  ignorance?  If  they  are  to  live  in  the  Territory 
they  should  be  made  as  intelligent  and  as  moral  as  education  can  make 
them.    With  these  considerations  I  am  willing  to  vote. 

Mr.  Kingman.  Mr.  President,  I  propose  that  our  friends  shall  have 
a  fair  opportunity,  and  hope  no  one  will  prevent  them  from  speaking  till 
night  if  they  want  to,  and  then  have  a  fair  vote.  I  have  no  doubt  but 
that  we  shall  vote  to  lay  the  amendment  on  the  table,  to  expedite  business, 
more  than  from  fear  to  have  a  record.  What  will  it  change,  to  which 
gentlemen  will  so  exclusively  point?  I  am  not  particular  how  the  record 
stands. 

Upon  this  question  I  have  an  opinion  of  my  own.  I  will  let  my  children 
associate  neither  with  those  of  the  gentleman  from  Leavenworth  nor  with 
those  of  the  gentleman  from  Africa.  If  he  is  so  fearful  that  his  children 
will  be  contaminated,  let  him  provide  for  them  as  I  do  for  mine.  I  know 
that  this  who^e  thing  is  for  a  record;  and  I  intend  to  see  exactly  how 
this  record  will  read  when  it  is  done.  No  vote  has  been  taken  yet  that  I 
don't  know  what  it  is  worth.  I  intend  to  face  the  music  fairly  before  my 
constituents,  and  they  are  not  particularly  a  negro-loving  race  of  people — 
some  of  them  are  not  very  strong  negro  haters,  and  I  am  one  of  that  class. 
I  deny  all  prejudice  against  the  race.  If  I  could  not  rise  above  such  a 
feeling — could  not  protect  myself  against  a  few  negroes,  without  provisions 
of  law  heaped  and  crowded  into  every  page  of  the  Statutes — if  I  could  not 
hold  my  position  socially  and  politically  without  such  constitutional  re- 
strictions, I  would  just  leave  Kansas  and  go  where  majorities  rule.  I  have 
no  hesitancy  in  saying  that  if  ever  a  negro  family  should  come  into  my 
neighborhood,  I  should  immediately  object  to  their  attending  school  with 
the  children  of  my  neighbors — and  I  believe  that  neighborhood  could 
protect  itself.  The  law  does  not  say  they  shall  ever  go  to  school.  It 
leaves  it  for  the  people  from  time  to  time  to  regulate.  But  more  than 
all,  and  beyond  all,  and  above  all,  it  does  not  say  that  those  who  choose 
to  go  to  school  with  negroes  shall  not  do  so.  It  seems  that  the  gentleman 
from  Leavenworth  is  not  willing  that  those  who  want  to  associate  with 
the  negro  shall  do  so.  He  would  declare  that  they  shall  not  go  to  school 
together  whether  the  school  be  supported  by  the  common  school  fund  or 
by  voluntary  contribution.  He  is  anxious  to  make  a  record!  I  know 
what  it  is  to  make  a  record;  and  I  know  what  kind  of  a  tune  to  play  that 
will  vote  it  down. 

Mr.  Blunt.  Mr.  President,  I  am  opposed  to  loading  down  every  pro- 
[*93J  vision  of  our  Constitu*tion  with  the  subject  of  negroes.  I  am 
aware  that  this  is  to  come  before  us  in  some  other  departments  of  this 
Constitution,  when  it  will  bring  about  considerable  discussion.  When  the 
time  comes  1  expect  to  meet  it,  and  shrink  no  responsibility;  but  I  am 
opposed  to  having  the  negro  thrust  upon  us  at  every  step  as  we  advance.  I 
am  also  opposed  to  incorporating  in  this  Constitution  a  provision  which 
shall  prohibit  the  education  of  negroes  if  they  so  prefer.  Society  will 
regulate  itself.     We  don't  know  what  will  be  the  peculiar  views  of  the 


Thursday,  July  14,  1859.  177 

people  of  Kansas  upon  this  subject  before  there  will  be  a  change  of  the 
organic  law.  There  may  be  a  progress  made  by  which  the  prejudices  which 
involve  and  surround  this  question  of  the  admission  of  negroes  or  mulattoes 
to  our  common  schools  may  be  laid  aside;  and  then  the  Legislature  could 
provide  for  the  education  of  persons  of  color.  They  might  have  the 
benefit  of  our  educational  system,  provided  this  black  law  does  not  pass; 
but  if  it  does,  and  they  are  excluded,  why,  then  we  will  need  no  such 
provision.  As  far  as  I  am  concerned,  I  do  not  need  anything  to  protect 
me  from  the  embraces  of  a  ne^ro.  If  our  democratic  friends  over  the  way 
need  some  legislation  to  protect  them  from  mixing  up  and  associating  with 
the  negro,  I  am  willing  they  should  have  it,  but  they  can't  have  it  with 
my  vote  here.  I  propose  to  leave  this  question  entirely  open  to  the  Legis- 
lature, that  society  may  regulate  itself  in  this  respect,  and  not  bar  the 
Legislature  from  providing  for  the  education  of  blacks,  in  case  we  have 
them  among  us.  When  this  question  comes  up  here,  I  propose  that  they 
shall  face  the  music  and  take  the  pure  white — none  of  your  mulattoes 
or  copper  skins.    We  will  then  test  their  sincerity. 

Mr.  Slough.  Mr.  President,  gentlemen  upon  this  floor  need  not  under- 
take to  shield  themselves  from  the  position  they  have  assumed,  by  throw- 
ins  ridicule  at  the  minority  upon  this  floor,  for  I  tell  them  the  iteople  of 
this  Territory  and  the  people  of  the  State  will  hold  them  responsible  for 
what  they  are  now  doing.  I  believe  the  sentiment  of  this  people  is  in 
favor  of  the  position  of  the  minority  here.  I  am  desirous  that  we  should 
get  an  admission  into  the  Union,  and  thus  get  rid  of  all  complaints  as  soon 
as  we  come  into  the  confederacy.  I  fear  if  this  section  is  not  incorporated 
the  people  will  repudiate  the  result  of  our  labors,  and  those  instrumental 
in  betraying  the  trusts  imposed  upon  us.  The  position  assumed  by  gentle- 
men is,  that  we  have  the  right  of  self-protection.  Now,  if  they  do  not 
incorporate  this  provision  in  the  section  under  consideration,  gentlemen  will 
find  to  their  sorrow  that  they  have  much  mistaken  their  premises.  The 
negroes,  claiming  their  rights  under  this  Constitution,  will  sue  in  the  courts 
for  their  rights,  and  the  courts  cannot  avoid  them.  Not  even  a  Dred 
Scott  decision  would  save  them.  What  is  the  language  of  the  section? 
"The  Legislature  shall  encourage  the  promotion  of  intellectual,  moral, 
scientific  and  agricultural  improvement,  by  establishing  a  uniform  system 
of  Common  Schools,  and  other  schools  of  a  higher  grade,  embracing  Nor- 
mal, Preparatory,  Collegiate  and  University  Departments,  which  schools 
shall  be  open  for  the  admission  of  pupils  of  both  sexes."  You  might  as 
well  add  in  as  many  words,  "and  of  all  colors."  Unless  you  exclude  those, 
you  incorporate  all.  It  may  be  gentlemen  have  been  raised  with  different 
prejudices  from  those  I  possess,  and  with  different  ideas;  but  for  me,  sir, 
I  shall  never  consent,  by  my  vote,  or  by  any  action  of  mine,  that  those 
upon  whom  Nature's  God  has  stamped  inferiority,  shall  ever  associate 
with  my  children  in  our  common  schools,  which  I  hope  to  assist  in  sup- 
porting. I  am  not  opposed  to  the  education  of  the  blacks.  As  far  as 
they  are  capable  of  elevation,  I  am  in  favor  of  according  it  to  them;  and 
upon  that  I  have  made  a  record,  that  (in  Ohio)  perhaps  no  other  man 
here  has  had  an  opportunity  of  making — that  whatever  they  contribute 
[*94]  to  the  support  of  Government  may  *be  used  to  educate  their 
children.  And  I  would  go  further  and  say  they  may  have  the  control  of 
that  fund;  but  I  am  not  willing  to  contribute  for  their  education.  I  am 
opposed  to  the  introduction  of  mixed  races  in  our  common  schools;  and  if 
we  authorize  it  I  believe  the  result  will  be  that  the  people  will  repudiate 
the  Constitution  which  is  to  be  the  result  of  our  labors  here.    I  beheve  that 

12 — 778 


178  Convention  Proceedings  and  Debates. 

our  people,  nine  to  one,  would  favor  the  introduction  to  the  amendment 
proposed.  But,  Mr.  President,  I  did  not  expect  this  matter  would  come 
up  at  this  time.  I  am  opposed  to  making  long  speeches,  and  I  will  con- 
tent myself  with  standing  by  the  position  I  have  assumed. 

Mr.  McDowell.  Mr.  President,  I  feel  that  I  owe  to  my  constituents, 
upon  this  tioor,  a  solemn  duty  that  I  more  readily  perform,  as  their  in- 
structions correspond  with  my  own  inclinations  and  feelings.  I  regard 
this  negro  question  as  the  only  question  of  interest  that  was  presented  in 
the  late  canvass.  That  the  future  State  of  Kansas  should  be  free,  was 
conceded  by  all  parties  in  this  Territory;  and  whilst  that  was  conceded, 
it  was  expected  that  this  Convention  would  incorporate  into  the  Constitu- 
tion an  article  excluding  the  immigration  of  negroes  into  the  State.  The 
provision  that  my  colleague  (Mr.  Stinson)  submitted  for  the  consideration 
of  this  Convention,  is  necessary  to  be  engrafted  here,  notwithstanding  we 
may  not  be  able  to  carry  the  proposition  of  exclusion.  We  do  not  propose 
to  exclude  the  negroes  now  in  the  Territory.  If  we  do  exclude  others  from 
coming  here,  it  is  proper  for  us  to  have  a  clause  preventing  the  negroes 
having  the  benefit  of  our  common  schools. 

1  know  my  friend  from  Brown  (Mr.  Kingman),  and  I  like  to  hear  him 
speak.  He  is  largely  gifted  with  the  power  "to  make  the  worse  appear 
the  better  reason."  He  is  also  acquainted  with,  and  has  a  quick  and  keen 
perception  of,  the  ridiculous;  and  he  attempts  to  laugh  out  this  question, 
so  important  to  the  future  generations  in  Kansas.  Sir,  whilst  I  admit  the 
magnitude  of  his  powers  in  that  way,  this  question  rises  superior  to  such 
attacks.  We  must  not  dodge  it  nor  shirk  it.  In  justice  to  our  constituents 
we  cannot  do  either. 

I  believe  the  latitude  usually  allowed,  may  permit  one  to  digress  from 
the  particular  point  in  issue.  Geographically  we  are  situated  upon  the 
margin  of  the  slave  states,  that  are  gradually  emancipating  their  slaves, 
and,  very  naturally,  this  Territory  becomes  the  receptacle  of  their  free 
negroes.  Now,  I  propose  to  make  this  not  only  a  free  State,  but  a  free 
white  State.  We  do  not  propose  that  this  State  shall  be  the  receptacle  of 
free  negroes  and  runaway  slaves.  The  continual  strife  upon  that  subject 
— the  recurrence  of  these  distracting  questions,  have  more  than  anything 
else  tended  to  prevent  our  admission  into  the  Union,  and  to  blight  the  pros- 
perity of  the  State.  We  propose  to  nip  th's  evil  in  the  bud.  We  stand 
upon'  the  record  as  believing  that  God  Almighty,  for  some  high  puri)ose, 
has  established  this  inferiority  of  the  black  race,  and  stamped  an  inde'ible 
mark  upon  them.  Between  the  two  races  there  is  an  unfathomable  gulf  that 
cannot  be  bridged.  If  there  are  communities  who  bel  eve  they  are  no 
better,  we  submit  them  to  their  tender  mercies.  We  believe  the  two  races 
can  never  become  homogeneous.  All  propositions  of  social  equality  only 
tend  to  complicate  tliis  question,  and  hang  round  it  questions  that  tend  to 
produce  excitement;  and  we  propose  to  cut  it  off  now,  at  once  and  for- 
ever. My  constituents  have  spoken  out  upon  this  question,  and  I  stand 
up  here  to  vindicate  their  claims  in  this  behalf,  and  their  pos'tion  is  my 
position.  It  is  idle  to  talk  about  the  two  races  becoming  common,  or 
about  extending  social  privileges.  They  are  not,  by  their  constitution,  our 
equals.  We  cannot  legislate  them  up  to  our  standard.  I  propose  to  pre- 
[*95]  vent  the  aeitation  of  the  question,  by  ex^hK^'ng  them  entirely. 
The  black  race  should  not  be  allowed  to  hve  in  this  Territory,  as  we  do  not 
propose  to  have  slavery  in  the  new  State  of  Kansas.  .  Now  is  the  time  for  us 
to  act  upon  this  question.  It  will  not  do  to  leave  the  question  to  the  Legis- 
lature, for,  as  we  advance,  this  question  becomes  more  complicated.  Now 
is  the  time,  whilst  there  are  few  in  the  Territory.    There  are  no  legal  ob- 


Thursday,  July  14,  1859.  179 

jections  to  this  course.  In  the  Dred  Scott  case  it  was  claimed  that,  since 
they  were  made  citizens  in  some  States,  it  was  a  violation  of  one  of  the 
principles  of  the  Constitution  of  the  United  States  for  any  State  to  deny 
them  those  rights  which  are  allowed  to  citizens  of  other  States.  The  Dred 
Scott  case  has  determined  that,  while  State  laws  may  make  these  people 
citizens,  they  are  not  so  in  the  intention  of  the  Constitution  of  the  United 
States.  The  only  question,  then,  is  one  of  expediency.  I  appeal  to  mem- 
bers of  the  Convention — men  who  have  come  here  to  make  an  organic  law 
for  a  growing  and  great  people — to  look  at  this  question  in  the  light  of 
statesmanship,  and  have  their  action  guided  by  that  high  authority,  which, 
seeino:  the  impossibility  of  the  races  becoming  homogeneous,  demands  their 
exclusion  from  our  future  State. 

Mr.  Thacher.  Mr.  President,  another  dark  act  in  the  blended  drama 
and  tragedy  of  Kansas  history  is  passing  before  us.  A  few  years  since,  the 
magnificent  Territory  whose  supreme  law  we  are  assembled  to  frame,  was 
unpeopled  and  untouched  by  civilized  man.  Around  it,  upon  every  side, 
stood  the  vigilant  sentinels  of  freedom,  guarding  this  splendid  domain  as 
the  inheritance  of  free  men  and  free  institutions.  A  holy  and  thrice  hal- 
lowed compact  pledged  all  this  beautiful  land  to  liberty.  But  over  the 
barrier  which  protected  it,  past  the  sentinels  whi"h  guarded  it,  the  slave 
power,  with  lustful  eye,  looked,  and  planned  to  strike  down  those  sentinels, 
tear  down  that  sacred  barrier,  and  sweep  over  the  object  of  their  care  with 
an  institution  that  blights  and  destroys  all  that  falls  beneath  its  influence. 

That  power  found  a  willing  and  serviceable  ally  in  the  Democratic 
party.  Away  went  the  A^issouri  compact,  with  its  sacred  restrictions,  and 
this  Territory  became  the  arena  of  a  fierce  conflict  between  the  two  op- 
posing influences,  not  only  of  this  confederacy,  but  of  the  world.  Upon 
the  one  side  was  the  Democratic  party,  having  in  possession  everj''  depart- 
ment of  the  government,  strug^-ling  by  every  means  in  its  power  to  fasten 
the  odious  and  hated  system  of  slavery  upon  Kansas.  It  was  met,  on  the 
other  side,  by  the  bold  hearts  and  stout  arms  of  a  free  people.  That  heroic 
people,  after  enduring  untoM  sufferings,  finally  triumphed  over  their  foe  and 
trampled  the  loathed  and  abhorred  institution  into  the  dust. 

The  scheme  of  making  Kansas  a  slave  State  is  abandoned  by  the 
Democracy.  But,  with  the  true  blood-thirstiness  of  s^ave-hounds,  that 
party  seeks  to  wreak  the  chagrin  and  mortification  of  its  s'snal  defeat  upon 
the  poor,  helpless  and  unprotected  race  it  sousht  to  chatteli'^e  and  imbmte. 
As  the  hoary  inouisitor,  when  Bonaparte  wrenched  off  the  gates  of  the 
Basti'e  and  bid  the  ^mmured  victims  of  bisotry  and  torture  be  free,  fol- 
lowed the  obiects  of  his  cruelty  wHh  imprecatioTis  and  bitter  curses,  so  do 
these  hieh  priests  of  oppression  follow  the  crushed  and  down-trodden  ob- 
jects of  iheir  hate  into  the  open  air  of  liberty.  With  impotent  malignity 
they  seek  to  visit  upon  the  beings  they  were  balked  in  enslaving  horrible 
reven"-e,  as  satisfaction  for  their  defeat.  No  longer  able  to  bind  fetters 
upon  the  limb  of  the  s^ave — no  lonsrer  able  to  scourge  and  flav  his  back, 
they  now  seek  to  subject  him  to  cruel  distinctions  and  abhorred  imposit'ons, 
and  thereby  gratify  the  malice  and  cruelty  which  the  system  of  human 
bondace  ever  inspires. 

And  yet  this  is  the  party  that  prates  to  us  about  the  immutable  prin- 
ciples of  justice  and  innocence!  This  is  the  party  that  brushes  aside  reason, 
justice  and  truth,  to  howl  at  their  opponents  "fanaticism!"  Oh!  sir,  I  tell 
[*96]  '^you  there  is  no  fanaticism  so  wicked  and  cruel  as  the  fanaticism 
of  crime!  There  is  no  fanaticism  so  bnitahzing,  so  dehumanizing  in  all  its 
features  and  characteristics,  as  the  fanaticism  of  oppression. 


180  Convention  Proceedings  and  Debates. 

In  the  discussion  of  this  question — and  discussion  has  wandered  ^  far-^t 
has  been  hissed  at  us  by  Democrats  that  the  RepubUcan  party  is  an 
"amalgamation,  a  negro-equality  party."  And  this  charge  comes  from  a 
party  sustaining  and  propagating  a  system  whose  basis  rests  upon  prostitu- 
tion and  concubinage  more  loathsome  and  degrading  than  any  that  can 
be  found  in  the  wide  world.  Mark  the  universal  bleaching  out  of  the 
co'ored  race  in  the  South,  and  remember  that  in  that  region  the  Democracy 
hold  undisputed  sway.  There  are  there  ten  slaves  to-day  with  Anglo- 
Saxon  blood  coursing  their  veins,  to  one  pure  African. 

Why,  sir,  the  system  of  slavery,  in  its  practical  working,  is  a  constant 
intercourse  between  the  races.  Negro  equality!  there  are  men  among  you 
who  shriek  this  cry,  who  first  saw  the  light  in  the  arms  of  a  negro  nurse, 
and  from  her  breast  drew  the  milk  of  infancy.  Let  such  men  never  raise 
a  babble  so  insane  and  so  reflective  upon  their  own  history! 

What  is  the  proposition  gentlemen  submit  to  us?  It  is  to  insert  in 
our  Constitution  a  dark  and  forbidding  feature,  utterly  opposed  and  re- 
pugnant to  true  Republicanism.  They  tell  us,  by  implication,  that  unless 
the  Constitution  of  a  free  and  glorious  State  mar  its  beauty  with  a  pro- 
vision protecting  the  children  of  these  gentlemen,  they  will  mingle  with 
and  become  the  companions  of  negro  children.  Well,  sir,  I  suppose  these 
gentlemen,  on  the  principle  that  "birds  of  a  feather  flock  together,"  may 
feel  the  necessity  of  this  provision,  but  I  do  insist  that  the  same  necessity 
does  not  prevail  everywhere.  I  believe  the  great  majority  of  the  children 
of  this  country  do  not  need  any  such  barrier  of  law  to  separate  them 
socially  from  those  of  a  crushed  race.  It  is  hard  to  see  or  understand 
why  one  thousand  white  children  need  a  provision  of  law  to  keep  them 
from  mingling  with  ten  colored  children.  Though  I  am  not  disposed  to 
deny  that  Democrats  may  feel  the  want  of  such  a  safeguard,  I  submit 
that  the  children  of  the  vast  majority  of  the  people  are  not  so  negro- 
tending  or  affiliating. 

I  utterly  protest  against  any  such  feature  being  made  part  and  parcel 
of  this  Constitution.  Over  the  school  fund  and  its  distribution,  the  Legis- 
lature have  complete  and  sovereign  control.  The  only  object  gentlemen 
can  have  in  putting  into  this  instrument  any  distinct  provision  on  this 
subject,  is  to  make  the  Constitution  as  hated  and  odious  as  possible.  The 
whole  thing  came  out  the  other  day,  when  a  distinguished  Democrat  on 
this  floor  proposed  to  procrastinate  for  one  year  the  freedom-clause  of 
this  Constitution.  The  endorsement  of  that  proposition  only  proved  that 
the  Democracy  is  the  same  now  as  in  the  bloody  days  of  '55  and  '56; 
and  that  it  now  desires  to  frame  a  Constitution  so  repulsive  that  the 
people  will  vote  it  down.  It  must  be  for  this  purpose  that  these  inhuman 
propositions  are  made.  Probably  there  will  not  be  for  years  in  Kansas 
one  person  of  African  lineage,  near  or  remote,  to  a  thousand  of  white 
descent;  and  yet  we  are  met  almost  hourly  by  proposals  to  protect  this 
thousand  from  the  one,  and  this,  too,  by  gentlemen  who  have  rmi  with 
slaves  and  been  their  companions  for  years! 

This  whole  thing  is  nothing  but  an  attempt  to  make  party  capital  out  of 
prejudices.  These  men  cannot  care  for  this  thing — it  is  only  a  trick  to 
make  political  gammon  out  of.  1  trust  the  Convention  will  lend  an  in- 
different ear  to  this  wicked  clamor.  A  provision  which  sends  forth  our 
Constitution  blackened  and  charred,  which  no  devotion  to  freedom  can 
efface,  is  one  I  do  not  wish  to  see. 

A  convention  of  slaveholders  in  Maryland  has  just  been  held,  to  see 
whether  any  steps  should  be  taken  with  regard  to  the  free  colored 
[*97]     *population.     What  did  that  convention  do?     Before  adjourning 


Thursday,  July  14,  1859.  181 

it  pronounced,  in  most  unmistakable  terms,  against  the  exclusion  of  that 
class  of  persons.  That  convention  passed  the  highest  encomium  upon  that 
class,  and  declared  those  persons  a  source  of  great  wealth  and  profit  to  the 
State.  Shall  we  be  less  men  than  slaveholders?  Shall  we  exhibit  more 
despotic  hate  than  they?  I  am  not  argiiing  for  the  colored  man— I  am 
protesting  against  inhumanity. 

•  Gentlemen,  I  trust  this  proposition  comes  not  from  your  hearts.  Let 
me  believe,  rather,  it  is  your  eagerness,  in  your  forlorn  condition,  to  make 
party  capital,  that  forces  you  to  take  this  wicked  shift.  For  the  sake  of 
our  common  humanity,  I  hope  this  is  so.  It  is  an  odious  and  wicked  pro- 
vision, hardly  found  in  the  Constitution  of  the  worst  slave-holding  State 
in  the'  Union ;  surely  you  do  not  wish  to  engraft  it  upon  ours. 

What  meaning  would  there  be  in  our  great  struggle  for  liberty,  what 
lesson  would  it  teach  to  the  world,  were  we  to  close  the  fearful  conflict 
by  an  act  as  tyrannical  and  unnecessary  as  this? 

•  Shall  Kansas,  which  has  just  come  out  of  such  an  alembic  of  persecu- 
tion and  suffering,  with  her  garments  yet  crimsoned  with  the  blood  of  her 
martyred  sons,  and  her  soil  yet  blackened  with  the  embers  of  her  burned 
homes,  frame  a  Constitution  "that  does  not  glow  and  radiate  in  every  line 
and  syllable  with  the  glad  light  of  liberty  and  freedom  to  all?  For  the 
sake  of  the  Great  Father  of  us  all,  who  loves  purity  and  hates  oppression, 
let  me  hope  that  this  fundamental  law  of  our  land  will  be  true  to  humanity 
and  true  to  God. 

Mr.  Ritchie.  Mr.  President,  I  am  not  able  to  do  this  subject  the 
justice  that  my  heart  would  prompt.  A  few  days  ago,  in  this  hall,  I 
praised  the  doctrine  laid  down  by  my  friends  on  the  other  side  of  the 
house,  and  I  have  reason  to  believe  yet,  from  the  high  positions  they 
have  held  at  times,  and  what  education  has  done  for  a  part  of  them— 
those  raised  in  the  free  State  of  Ohio — that  they  are  not  so  radical  at 
heart  as  they  appear  to  be  on  the  surface — that  there  is  enough  of  that 
which  is  good  to  override  the  prejudices  of  the  black  democracy.  It  is 
capital  they  want!  I  am  for  capital,  too;  but  capital  that  will  not  ex- 
clude the  most  humble  individual,  be  he  black,  copper-colored,  black 
republican  or  black  democrat.  My  aspirations  are  higher  than  mere  party 
considerations.  Let  us  examine  and  see  whether  any  party  can  be  ele- 
vated by  taking  the  position  that  they  take.  I  believe  that  it  is  generally 
conceded  that  a  black  man  is  part  of  the  human  creation.  If  there  is  a 
Democrat  so  far  down  in  the  scale  of  humanity  here,  that  he  does  not  be- 
lieve this,  I  would  like  to  hear  an  indication  of  it,  or  see  it  by  the  holding 
up  of  a  finger.  The  only  question  is  whether  that  humble  individual  shall 
be  the  subject  of  education.  I  hold  it  to  be  true,  that  our  government  is 
to  protect  the  weak  vessels  instead  of  the  strong.  If  it  were  not  for  that 
I  would  not  stand  before  you  on  this  occasion,  as  I  come  from  a  con- 
stituency that  I  believe  only  have  some  half  dozen  blacks  in  the  whole 
county.  I  understand  the  party  lines  are  to  be  drawn  upon  this  issue. 
Now  1  do  not  pretend  to  hold  the  republican  party  accountable  for  any- 
thing I  may  say.  I  say  they  are  divided  upon,  not  what  is  right,  but  what 
is  expedient.  Both  parties  agree  in  the  great,  God-given  rights  which 
every  man  possesses.  I  would  be  for  leaving  any  party  that  assumes  the 
position  that  we  must  be  kept  pure  and  holy,  and  exclude  others  of  the 
human  family.  Take  that  before  the  people!  The  party  that  does  it 
will  be  in  a  miserable  minority.  But  I  wish  to  show  you,  without  any  feel- 
ing— I  have  felt — yet  I  hope  what  I  do  may  be  [done]  in  a  spirit  of  for- 
bearance and  forgiveness.     Nothing  is  to  be  accomplished  here  but  by 


182  Convention  Proceedings  and  Debates. 

reason.  If  I  manifest  any  feeling,  independent  of  this,  I  hope  the  Con- 
vention will  attribute  it  to  proper  sources.  I  am  not  disposed  to  take  any 
advantasie  of  feeling.  Four  years  ago,  the  slavery  men  asserted,  not  only 
the  exclusion  of  blacks,  but  that  any  man  that  would  get  up  and  talk  as 
I  am  talking  to-day,  was  to  be  excluded  from  the  Territory.  This  was 
the  last  remaining  link  of  slavery.  But  we  have  stood  up  against  all  the 
powers  that  have  been  arrayed  against  us;  and  now  there  is  not  a  party 
that  would  take  it  upon  themselves  to  attempt  to  rid  this  Territory  of 
that  class  of  human  beings.  Therefore,  a  necessity  arises  for  a  class  who 
will  say  that  they  shall  be  protected  by  education.  Gentlemen  assert  here 
[*98]  that  they  are  of  a  superior  race.  *This  body  is  sufficiently  in- 
telligent to  know  that  it  is  easy  to  make  assertions;  but  there  is  no  evi- 
dence adduced  to  show  that  they  excel  Mr.  Douglass — even  the  black  man 
Douglass.  I  desire  to  admit  all  that  is  fair  in  argument.  When  gentle- 
men assert  they  are  superior,  I  hope  they  will  show  this  body  wherein  they 
excel  Douglass  the  darkey.  Now,  my  friends,  I  am  from  a  country  [state?] 
where  this  negro  prejudice  prevails  to  some  extent.  Large  handbills  were 
once  circulated,  that  a  negro  stealer  had  put  up  at  a  certain  place,  and 
by  him  I  was  set  down  as  all  that  was  horrible  and  monstrous.  The 
black  man  and  the  slavery  propagandist  both  alike  have  called  at  my  door, 
and  both  alike  have  eaten  of  bread  procured  by  these  hands.  And,  gentle- 
men of  the  Democratic  party,  you  are  invited  to  call  at  that  door,  and 
see  whether  it  will  be  closed  even  against  you.  After  suffering  for  four 
years  in  defence  of  my  own  Uberty  and  that  of  my  wife  and  children,  I 
think  it  is  too  late  in  the  day  to  be  scared  at  the  howls  of  the  Leaven- 
worth delegation.  I  hope  this  negro  question  will  be  met,  and  we  will 
go  home  united  to  put  down  this  opposition  to  education  throughout  the 
land. 

Mr.  Griffith.  Mr.  President,  I  suggest  that  no  discussion  will  change 
any  person's  mind.  I  am  willing  to  give  the  Legislature  complete  control 
over  this  matter. 

A  motion  to  adjourn  was  made  and  rejected. 

Mr.  Houston.  I  wish  simply  to  define  my  position — not  to  make  a 
speech.  I  regret  the  peculiar  shape  of  this  discussion,  and  the  form  it  has 
assumed.  I  think  we  have  a  duty  to  perform,  and  the  simple  placing  of 
ourselves  upon  the  record  is  poor  satisfaction.  The  9th  section,  which  was 
stricken  out,  I  had  hoped  would  be  incorporated.    I  will  read  it: 

"Sec.  9.  The  children  of  African  descent  shall  be  entitled  to  an  equitable 
proportion  of  the  common  school  funds  of  the  State,  and  the  Legislature 
shall  make  suitable  provision  for  their  education." 

I  intended  to  move  to  insert  the  word  "separate"  before  the  word  "edu- 
cation"; and  I  will  give  my  views.  I  am  not  legislating  for  the  counties  of 
Riley,  Shawnee  or  Leavenworth,  but  for  Kansas;  and  it  is  my  opinion  that 
the  people  are  unwilling  to  have  their  children  educated  with  the  blacks. 
For  that  reason  I  would  be  willing  to  forego  my  position  when  we  come  to 
vote  on  the  word  "white."  I  wish  them  to  have  a  portion  of  the  sthoo! 
fund,  but  insist  that  they  have  separate  schools.  It  seems  to  me  that  this 
discussion  has  assumed  such  a  shape  that  we  shall  have  to  deed  the  States 
to  black,  and  ourselves  to  the  other  side  of  the  house.  There  is  no  man 
more  radical  upon  many  points  than  I,  but  there  is  no  use  for  a  man  to 
stop  out  in  yonder  stream  and  attempt  to  turn  the-  current  with  his  own 
power.  When  that  prejudice  which  now  is  so  universal  .shall  be  removed, 
I  shall  be  willing  that  the  State  shall  have  a  constitutional  ])rovision  for 
the  education  of  the  children  of  both  races  in  the  same  school.     I  under- 


Thursday,  July  14,  1859.  183 

stand  the  second  section  includes  every  child  in  the  State.  It  seems  to  me 
by  a  legitimate  construction  of  the  words  used,  it  includes  every  single 
child  black,  white  or  Indian.  Now  if  we  are  going  to  let  them  all  come  in — 
take  broad  ground — let  us  stand  up  to  the  mark,  by  giving  them  a  portion 
of  the  public  fund.    I  am  in  for  that  position. 

Mr.  Lamb.  Mr.  President,  I  have  kept  my  seat  on  all  occasions,  per- 
fectly willing  to  listen  to  older  and  wiser  heads,  but  now  I  feel  disposed  to 
offer  some  thoughts.  In  the  first  place,  I  do  not  present  myself  here  as  an 
individual  anything  smart,  or  as  having  any  education;  I  present  myself 
here  as  a  common  citizen  of  Kansas,  representing  a  portion  of  the  Territorj- 
of  Kansas.  I  have  listened  carefully  to  arguments  presented  upon  both 
sides.  If  I  understand  what  the  disposition  of  a  portion  of  this  House  is, 
they  intend  to  exclude  black  men  from  the  Territory.  If  they  are  to  be 
excluded  from  Kansas  why  put  a  provision  in  the  Constitution  that  their 
children  shall  not  go  to  school  in  our  Territory?  I  am  in  favor  of  leav- 
ing this  matter  to  the  Legislature  to  act  upon.  It  has  been  represented 
here,  that  they  are  an  inferior  race — not  equal  to  the  whites.  I  admit  they 
are  an  inferior  race,  but  there  is  a  cause  for  that  inferiority.  That  cause 
has  been  developed  here,  upon  this  floor,  this  afternoon.  The  idea  is  to 
exclude  them  from  the  privileges  of  the  common  school  fund  of  their 
country,  and  then  turn  round  and  say,  you  are  an  inferior  race.  I  am  in 
favor  of  referring  this  matter,  whether  the  black  man  shall  have  the  privi- 
lebe  of  coming  into  Kansas,  to  a  direct  vote  of  the  people.  I  stand 
[*99]  up*on  the  popular  sovereignty  question  in  relation  to  their  children 
having  a  chance  of  getting  an  education.  If  they  come  into  Kansas  at  all, 
let  us  give  them  an  education.  The  very  doctrine  of  trying  to  prevent 
them  from  having  the  advantages  of  common  schools  makes  them  an  in- 
ferior race.  Let  the  Leavenworth  delegation  petition  the  Legislature  if 
they  don't  want  their  children  to  go  to  school  with  the  blacks,  and  they  can 
have  different  schools.  It  has  been  intimated  that  this  thing  shall  go  on 
record.  No  doubt  the  whole  Territory  will  be  canvassed  in  relation  to  the 
matter.  Let  it  come,  is  all  I  have  to  say.  I  am  a  mechanic.  I  always 
work  by  the  square,  and  I  will  represent  my  ideas  in  this  way:  There  was  a 
certain  slaveholder  I  heard  of,  who  sent  out  an  old  black  man  to  haul 
hay,  in  place  of  which  the  old  black  man  got  to  prajing,  and  he  prayed  so 
loud  that  he  scared  the  horses  and  caused  them  to  run  away.  The  master 
came  out  and  walloped  the  man  severely  for  it;  but,  upon  seeing  hmi 
bleeding  from  the  stripes,  began  to  sympathize  with  him — helped  him  to 
get  the  horses  again  and  fix  the  gearings.  And  his  master  said  to  him: 
"Jack,  there's  no  use  in  making  so  much  noise  about  it.  If  you  must  pray 
and  make  a  noise,  wait  till  you  are  not  at  work."  "Well,  but  master,"  says 
Jack,  "I  can't  help  it.  When  the  spirit  of  the  Lord  comes  over  me,  I  can't 
help  it."  "Very  well,"  says  the  master,  "if  you  can't  help  it,  hitch  your 
horses  or  get  somebody  to  hold  them."  "Well,"  says  he,  "master  just  you 
hold  the  horses,  I  feel  so  now."  If  the  Democratic  party  get  that  way,  let 
them  hold  their  horses,  if  they  want  to  make  a  noise. 

The  President.    The  hour  of  adjournment  ha\'ing  arrived,  the  Conven- 
tion stands  adjourned  till  to-morrow  morning,  9  o'clock. 

And  the  Convention  adjourned. 


184  Convention  Proceedings  and  Debates. 

Friday,  July  15,  1859. 
The  Convention  met  at  9  o'clock,  a.  m. 

Prayer  by  the  Chaplain. 

The  roll  was  called,  and  Messrs.  Hutchinson  and  Perry  reported  absent. 

CORRECTION   OF  THE  JOURNAL. 

The  journal  of  yesterday  was  read  by  the  Secretary. 

Mr.  McClelland.     Mr.  President,  I  notice  in  the  proceedings  of  the 

forenoon  there  was  an  amendment  proposed  limiting  the  jurisdiction  of 

justices  of  the  peace  to  fifty  dollars  attribtited  to  me.  It  was  offered  by 
the  gentleman  from  Leavenworth  (Mr.  McDowell). 

The  President.    The  clerk  will  make  the  correction. 
Mr.  Houston.    Mr.  President,  I  have  a  resolution  to  offer: 
"Resolved,  That  Gen.  Pomeroy  and  Mr.  Keyser,  editor  of  the  Junction 
Sentinel,  be  invited  to  take  seats  within  the  bar." 
The  resolution  was  adopted. 

RAILROADS. 

Mr.  Crocker.  Mr.  President,  I  have  a  petition  which  I  desire  to  pre- 
sent, and  move  its  reference  to  the  committee  on  ordinance. 

(The  petition  is  from  certain  citizens  of  the  Territory  in  relation  to 
railroads  in  Southern  Kansas) . 

The  motion  was  agreed  to,  and  the  petition  was  accordingly  referred. 

woman's  RIGHTS. 

Mr.   Ritchie    presented   several    petitions    from    citizens    of   Douglas, 
Shawnee,  Atchison  and  Wyandotte  counties,  protesting  against  any  Con- 
stitutional monopoly,  or  pre-eminence  of  rights,  based  on  sex;  which  were' 
referred  to  the  committee  on  the  Legislative  Department. 

RAILRO.^DS. 

Mr.  Ritchie.    Mr.  President,  I  offer  the  following  resolution: 

"Resolved,  That  Col.  George  S.  Parks  and  E.  N.  0.  Clough,  of  Park- 
[*100]  ville,  Mo.,  have  the  *use  of  the  hall  this  evening  to  make  Railroad 
speeches." 

Mr.  Kingman.  Mr.  President,  1  would  like  to  hear  the  gentlemen,  but 
to  prepare  the  hall  would  require  three  or  four  hours  work  on  the  part  of 
our  oflicers;  we  shall  probably  sit  till  six,  and  that  would  not  give  them 
time  to  prepare  the  hall. 

The  resolution  was  rejected  Upon  a  division — affirmative  0,  negative  14. 

PREAMBLE   AND   BILL  OF  RIGHTS. 

Mr.  Hutchinson.  Mr.  President,  the  committee  on  Preamble  and  Bill 
of  Rights  are  prepared  to  report.  In  offering  this  report,  Mr.  President,  it 
may  not  be  inappropriate  for  me  to  make  a  few  remarks  relative  to  the 
general  character  and  object  of  the  sections  therein  contained.  It  is  a  his- 
torical fact,  that  ever  since  the  days  of  King  John,  when  the  magna  charta 
in  favor  of  British  freedom  was  obtained  by  the  English  yeomanry,  some 
declaration  of  rights  similar  to  the  one  presented  by  us,  has  been  common 
with  the  people  of  all  countries;  but  it  was  not  until  1776,  when  that 
memorable  Declaration  of  ours  came  into  existence,  that  the  people  cut 
loose  from  a  narrow  conception  of  humanity,  and  entered  upon  that  broad 
field  of  human  liberty.    All  the  States  [State  Constitutions]  since  that  day 


Friday,  July  15,  1859.  185 

down  to  [that  of]  the  prospective  State  of  Kansas,  have  contained  a  similar 
instrument,  that  becomes  as  it  were  the  timbers  of  the  building — the  super- 
structure upon  which  the  edifice  of  State  must  be  erected.  In  consequence 
of  it  the  Constitution  becomes  more  permanent  and  better  grounded  in  the 
hearts  of  the  people.  It  becomes  the  incarnation  of  fundamental  principles; 
the  steadfast  light  and  hope  of  each  State  that  survives  the  terror  of  tyrants 
and  is  the  security  of  the  free.  This  bill  of  rights  starts  out  on  the  old 
maxim  that  the  world  is  governed  too  much — that  there  is  too  much  pro- 
scriptive  law.  We  should  therefore  strive  to  strike  from  our  organic  law 
every  vestige  of  feudal  times.  If  we  examine  the  history  of  the  criminal 
records  of  the  past,  we  shall  find  the  fact  staring  us  in  the  face,  that  wher- 
ever the  most  restrictive  laws  have  been  passed,  there  the  most  crime  has 
been  committed.  Crimes  have  multiplied  in  proportion  to  the  stringency 
and  restrictiveness  of  laws.  In  the  United  States,  for  the  first  time  in  the 
history  of  the  world,  has  this  meddlesome  doctrine  of  protection  been 
attacked.  From  the  tempest  in  the  Boston  harbor  down  to  the  battle  of 
Champlain,  that  was  the  great  motive  that  influenced  the  arm  of  battle  to 
strike  it  powerless.  It  is  with  this  people  that  the  widest  liberty  is  enjoyed. 
The  people  are  here  allowed  to  do  the  nearest  what  they  like — the  nearest 
what  they  think  and  act.  The  history  of  legislation  in  the  past  teaches  us 
that  the  best  legislation  is  but  the  abrogation  of  former  le'^islation.  It  is 
not  in  doing  new  things,  but  in  the  undoing  of  something  whi^h  has 
formerly  existed.  This  is  true  in  reference  to  the  repeal  of  the  EngHsh 
corn  laws.  That  was  not  a  new  edict,  neither  was  it  the  work  of  legislation 
or  parliament,  or  anti-leagues.  It  sprang  from  a  power  behind  the  throne, 
and  hiffher  than  parliament.  No  great  political  movement  nor  political  re- 
form in  this  age  ever  originates  with  rulers. 

It  should  be  the  work  of  legislation  to  restore  the  people  back  to  their 
natural  rights  from  which  preceding  legislation  has  driven  them.  Even 
natural  industry,  private  industry  as  well  as  national,  has  been  stamped 
upon  by  this  spirit  of  protection,  and  a  desire  to  overlegislate,  to  hamper 
the  energies  of  mind,  commerce  and  industry.  The  hand  of  government 
must  be  felt  in  every  quarter,  with  its  commercial  and  financial  con- 
trivances, forbidding  one  species  of  labor  and  encouraging  another.  The 
most  common  wants  must  be  interfered  with  by  usury  laws,  oaths  must  be 
administered,  and  so  on  through  a  long  list  of  restrictive  laws.  What  fol- 
lows? What  is  the  effect  of  this  species  of  restrictive  legislation?  Is  it  to 
[*101]  elevate  or  depress  the  moral  standard?  I  believe  the  best  *gov- 
ernments  which  have  ever  existed  are  altogether  negative  in  their  character 
rather  than  positive.  It  is  said  in  French  history,  at  a  certain  time,  that 
no  peop'e  could  assemb'e  at  the  theatre,  or  on  the  street,  or  anvwhere, 
without  having  soldiers  attending  them ;  passports  were  required  of  their 
eiti7ens  of  mornings  under  poUce  regulations — pretending  thus  to  secure 
liberty  to  the  people.  Even  the  government  sent  its  messengers  to  the 
markets  to  see  that  the  meat  was  in  proper  condition ;  and  sent  them  to  the 
stores  to  see  that  weishts  and  measures  were  properly  recrulated.  This 
was  robbing  the  industry  of  the  people,  that  industry  might  thrive.  Thus 
chained  down  they  are  not  allowed  to  exercise  their  own  independence. 
At  the  slishtest  difficulties  they  called  on  the  government.  They  could  not 
cut  a  canal  or  build  a  mi' road  without  lookins;  up  to  their  ruler  for  both 
the  mode  and  means.  With  our  democracy,  the  rulers  should  look  to  the 
people. 

■,  I  wiM  s'mnly  add,  that  if  there  is  any  one  thing  more  clear  than  an- 
other, it  is  that  wherever  a  government  attempts  to  protect  the  people,  it 
does  so  a,t  the  wrong  time  or  for  the  wrong  class.    In  the  history  of  Kan- 


186  Convention  Proceedings  and  Debates. 

sas  we  find  the  proof.  We  came  here  as  a  weak  people:  it  was  the  duty  of 
the  sovernment  to  lend  us  its  protection.  Troops  were  sent  here,  not  to 
protect  the  weak  but  to  defend  the  strong.  Human  power  is  vain-glori- 
ous— it  is  dangerous  in  the  hands  of  weak  man.  We  may  claim  that  by 
placing;  power  in  certain  departments  the  people  will  have  the  benefit  o( 
it;  but  we  have  no  evidence  of  this. 

"M.TTi,   proud  man, 
Clothed  in  a  little  brief  authority, 

Most    isnorant   of   what   is   most   assured. 
Plays  .such  fantastic  tricks  before  high  heaven 

As  make  the  angels  weep." 

We  should  be  careful,  then,  how  we  travel  upon  fields  so  full  of  pitfalls. 
Now  we  tread  upon  these  subjects  that  affect  the  common  people.  One 
of  the  primitive  fathers  of  this  government  has  given  us  counsel  in  this 
matter.  Mr.  Jefferson  in  a  letter  to  Mr.  Madison  has  said:  "The  execu- 
tive power  in  our  government  is  not  the  only,  perhaps  not  even  the  prin- 
cipal object  of  my  solicitude.  The  tyranny  of  the  Legislature  is  really  the 
danger  most  to  be  feared,  and  will  continue  to  be  so  for  many  years  to 
come.  The  tyranny  of  the  executive  power  will  come  in  its  turn,  but  at  a 
more  distant  period."  I  have  simply  to  add,  in  conclusion,  that  in  whatever 
work  may  be  before  us,  based  upon  the  report  I  have  just  offered,  we 
should  have  these  first  principles  in  \dew:  that  an  instrument  may  be  pre- 
pared by  us  that  will  not  only  be  an  honor  to  posterity,  but  that  shall 
accord  with  the  intelliwnce  and  advancement  of  the  age. 

The  report  is  as  follows: 

preamble. 

Existence  was  the  first  gift  of  Omnipotence  to  man.  It  is  the  end  of  the 
institution  and  adm-nistration  of  Government  to  secure  to  every  in- 
dividual perfect  freedom  to  enjoy  in  safety  and  tranquillity  the  rights  and 
blessings  of  that  existence;  and  whenever  these  great  objects  are  obtained, 
the  people  have  a  right  to  institute  a  new  government,  and  take  measures 
necessary  for  their  protection  and  happiness. 

The  body  politic  is  formed  by  a  voluntary  association  of  individuals;  it 
is  a  community  in  covenant,  where  the  whole  people  treats  with  each 
citizen,  and  each  citizen  treats  with  the  whole  people,  that  all  shall  be 
governed  by  certain  laws  for  the  common  good.  It  is,  therefore,  the  duty 
of  the  people,  in  framing  their  Organic  Law,  to  provide  for  an  equitable 
mode  of  making  laws  as  well  as  an  impartial  interpretation  and  faithful 
execution  of  them,  that  every  citizen  may,  at  all  times,  find  security  in 
them. 

We,  therefore,  the  people  of  Kansas,  acknowledging,  with  grateful 
hearts,  the  goodness  of  the  Legislator  and  Preserver  of  the  Universe  in 
affording  us  an  opportunity,  peaceably,  and  without  fraud  or  violence,  of 
entering  into  an  original,  explicit  and  solemn  compact  with  each  other, 
[*102]  and  of  forming  a  Constitution  of  civil  *government  for  ourselves 
and  our  jwsterity;  havins  the  right  of  admission  into  the  Union  as  one  of 
the  American  States,  consistent  with  the  Federal  Constitution  and  by 
virtue  of  the  treaty  of  cession  by  France  to  the  United  States  of  the  prov- 
ince of  Louisiana;  believing  that  the  right  of  self-government  is  inherent, 
and  should  be  asserted  in  accordance  with  the  popular  will  and  Federal 
Constitution,  to  [do]  ordain  and  establish  the  following  Constitution  as  the 
fundamental  law  of  a  free  and  independent  State,  by  the  name  and  style 
of  the  State  of  Kansas,  bounded  as  follows,  to-wit: 

Beginning  at  a  point  on  the  western  boundary  of  the  Stat*  of  Missouri 


Friday,  July  15,  1S59.  187 

where  the  thirty-seventh  parallel  of  north  latitude  crosses  the  same,  thence 
westward  on  said  parallel  to  the  twentj^-fifth  parallel  of  longitude  west 
from  Washington,  thence  north  on  said  parallel  to  the  fortieth  parallel  of 
latitude,  thence  east  on  said  parallel  to  the  western  boundary  of  the  State 
of  Missouri,  thence  south  with  the  western  boundary  of  said  State  to  the 
place  of  beginning. 

BILL   OF   RIGHTS. 

Section  1st.  All  men  are  by  nature  enually  free  and  independent,  and 
have  certain  inalienable  rights,  among  which  are  those  of  enjoying  and  de- 
fending their  hves  and  liberties,  acquiring,  possessing,  and  protecting  prop- 
erty, and  of  seeking  and  obtaining  happiness  and  safety,  and  the  niht  of 
all  men  to  the  control  of  their  persons,  exists  prior  to  law  and  is  in- 
alienable. 

2d.  All  political  power  is  inherent  in  the  people,  and  all  free  govern- 
ments are  founded  on  their  authority,  and  are  instituted  for  their  equal 
protection  and  benefit.  No  special  privileges  or  immunities  shall  ever  be 
granted  by  the  General  Assembly  which  may  not  be  altered,  revoked  or 
repealed  by  a  two-thirds  vote  of  the  same  body,  and  this  power  shall  be 
exercised  by  no  other  tribunal  or  agency. 

3d.  The  people  have  a  ri7ht  to  assemble,  in  a  peaceable  manner,  to  con- 
sult for  their  common  good,  to  instruct  their  Representatives,  and  to  peti- 
tion the  General  Assembly  for  the  redress  of  grievances. 

4th.  The  peop'e  have  the  right  to  bear  arms  for  their  defence  and 
security,  but  standing  armies,  in  time  of  peace,  are  dangerous  to  liberty, 
and  shall  not  be  tolerated,  and  the  military  shall  be  in  strict  subordination 
to  the  civil  power. 

5th.  The  right  of  trial  by  jury  shall  be  inviolate,  and  extend  to  per- 
sons of  every  condition;  but  a  jury  trial  may  be  waived  by  the  parties  in 
all  cases,  in  the  manner  prescribed  by  law. 

6th.  There  shall  be  no  slavery  in  this  State,  and  no  involuntary  servi- 
tude, unless  for  the  punishment  of  crime,  whereof  the  parties  shall  have 
been  duly  convicted. 

7th.  The  right  of  every  man  to  worship  God  according  to  the  dictates 
of  his  own  conscience  shall  never  be  infringed,  nor  shall  any  man  be  com- 
pelled to  attend,  erect  or  support  any  place  of  worship,  or  to  maintain 
any  form  of  worship  against  his  consent,  nor  shall  any  control  of,  or  inter- 
ference with,  the  rights  of  conscience  be  permitted,  or  any  preference  be 
given  by  law  to  any  religious  establishment  or  mode  of  worship.  No 
religious  test  or  amount  of  property  shall  ever  be  required  as  a  qualifica- 
tion for  any  office  of  public  trust  under  the  State,  nor  shall  any  religious 
test  or  amount  of  property  ever  be  required  as  a  qualification  of  any 
voter  at  any  election  in  this  State,  nor  shall  any  person  be  incompetent 
to  be  a  witness  on  account  of  religious  belief,  but  nothing  herein  contained 
shall  be  so  construed  as  to  dispense  with  oaths  or  affirmations.  The  liberty 
of  conscience,  hereby  secured,  shall  not  be  so  construed  as  to  excuse  acts  of 
licentiousness  or  to  justify  practices  inconsistent  with  the  peace  or  safety 
of  the  State;  nor  shall  any  money  be  drawn  from  the  Treasury  for  the 
benefit  of  any  sect,  society  or  institution. 

Sth.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
[*103J  unless  in  case  of  *invasion  or  rebellion  the  public  safety  requires 
it;  and  said  writ  shall  be  granted,  as  a  right,  in  all  cases  where  the  Legis- 
lature shall  not  specially  confer  discretion  upon  the  court;  but  the  Legisla- 
ture may  prescribe  preliminary  proceedings  to  the  obtaining  of  said  writ. 


188  Convention  Proceedings  and  Debates. 

'  9th.  All  persons  shall  be  bailable  by  sufficient  sureties,  except  for  capi- 
tal offenses  where  proof  is  evident  or  the  presumption  great.  Excessive 
bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor  cruel  or  unusual 
punishment  inflicted. 

10th.  In  any  trial,  in  any  court,  the  accused  shall  be  allowed  to  appear 
and  defend  in  person,  or  by  counsel ;  to  demand  the  nature  and  cause  of  the 
accusation  against  him;  to  meet  the  witness  face  to  face,  and  to  have  com- 
pulsory process  to  procure  the  attendance  of  witnesses  in  his  behalf,  and 
a  speedy  public  trial  by  an  impartial  jury  of  the  county  or  district  in 
which  the  offence  is  alleged  to  have  been  committed ;  nor  shall  any  person 
in  a  criminal  cause  be  a  witness  against  himself,  or  be  twice  put  in  jeopardy 
for  the  same  offence. 

11th.  The  liberty  of  the  press  shall  forever  be  inviolate  and  all  persons 
may  freely  speak,  write  or  publish  their  sentiments  on  all  subjects,  being 
responsible  for  the  abuse  of  such  right. 

•  12th.  The  freedom  of  deliberation,  speech  and  debate  in  the  Legisla- 
ture is  so  essential  to  the  rights  of  the  people  that  it  cannot  be  the  foun- 
dation of  any  accusation  or  prosecution,  action  or  complaint  in  any  court 
or  place  whatsoever. 

13th.  No  person  shall  be  transported  out  of  the  State,  for  any  offence 
committed  within  the  same,  and  no  conviction  in  this  State  shall  work  a 
corruption  of  blood  or  forfeiture  of  estate;  nor  shall  any  person  be  liable 
to  be  conveyed  out  of  this  State  for  trial  in  any  case  where  the  offence 
was  committed  within  the  same,  and  no  indenture  of  any  persons,  made 
and  executed  out  of  the  bonne's  of  the  State,  shall  be  valid  within  the  State, 
if  inconsistent  with  the  laws  thereof. 

14th.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  adhering  to  its  enemies,  or  giving  them  aid  and  comfort.  No 
person  shall  be  con\icted  of  treason  unless  on  the  evidence  of  two  wit- 
nesses to  the  overt  act,  or  confession  in  open  court. 

15th.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner,  nor  in  time  of  war  except  in  a  manner 
prescribed  by  law. 

16th.  The  ri^ht  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  estates,  &c.,  against  unreasonable  searches  and  seizures,  shall  be 
inviolate;  and  no  warrant  shall  issue  but  upon  probable  cause,  supported 
by  oath  or  affirmation,  particularly  describing  the  place  to  be  searched  and 
the  persons  and  things  to  be  seized. 

17th.  No  person  shall  be  imprisoned  for  debt  in  any  civil  action  on 
mesne,  or  final  process,  except  in  cases  of  fraud,  and  no  person  shall  be 
imprisoned  for  a  malitia  [or  military?]  fine  in  time  of  peace. 

ISth.  Foreigners  who  are,  or  who  may  become  hereafter,  bona  fide 
residents  of  this  State,  shall  enjoy  the  same  rights  in  respect  to  the  posses- 
.<5ion,  enjoyment  and  inheritance  of  property  as  native  born  citizens. 

19th.  All  courts  shall  be  open,  and  every  person,  for  an  injury  done 
him  in  lands,  goods,  person  or  reputation,  shall  have  remedy  by  due  course 
of  law,  and  justice  administered  without  denial  or  delay. 

!  20th.  No  hereditary  emoluments,  honors  or  privileges  will  ever  be 
granted  or  enforced  by  this  State,  nor  shall  there  be  any  constitutional 
distinctions  on  account  of  sect  or  sex.  j 

21st.  Private  property  shall  be  held  inviolate,  but  subservient  to  the 
public  welfare. — When  taken  in  time  of  war,  or  other  public  exigencies 


Friday,  Jl'ly  15,  1859.  '18^ 

imperatively  requiring  its  immediate  seizure,  or  for  the  purpose  of  making 
or  repairing  roads  which  shall  be  open  without  charge,  a  just  compensa- 
[*104]  tion  shall  be  made  to  the  own-ers  of  the  property  in  money; 
and  in  all  other  cases  where  private  property  shall  be  taken  for  public 
uses,  a  compensation  therefor  shall  first  be  made  in  money,  or  first  secured 
by  depositing  money,  and  such  compensation  shall  be  estimated  by  a 
jury,  without  deduction  or  benefit  to  any  property  of  the  owner. 

22d.  No  citizen  of  this  State  shall  be  held  to  appear  before  the  Su- 
preme Court  of  the  United  States  on  an  appeal  from  the  Supreme  Court 
of  this  State,  but  when  appeals  are  taken  on  questions  of  inter-State  law, 
they  shall  only  be  through  or  from  the  District  Courts  of  the  United  States. 

23d.  This  enumeration  of  rights  shall  not  be  construed  to  impair  or 
deny  others  retained  by  the  people,  and  all  powers  herein  delegated  remain 
with  the  people. 

Mr.  Slough.  Mr.  President,  I  move  that  this  report  be  made  the 
special  order  for  Monday  next.  The  reason  of  my  making  this  motion  I 
will  state  briefly.  I  notice  in  the  printed  report  of  the  committee,  which 
I  suppose  is  a  copy  of  the  one  just  made,  the  question  of  boundary  will 
come  up,  and  the  committee  to  which  was  referred  the  memorials  of  the 
citizens  of  southern  Nebraska  will  not  be  ready  to  report  till  to-morrow. 
To-morrow  being  Saturday,  some  of  our  members  will  be  absent,  and,  as 
the  question  is  an  important  one  I  don't  think  it  should  be  taken  up  till 
Monday. 

Mr.  Thacher.  That  committee  will  probably  report  this  afternoon. 
I  hope  the  Convention  will  take  up  the  question  soon,  because  the  gentle- 
men from  southern  Nebraska  are  being  detained  here. 

Mr.  J.  Blood.    I  move  to  substitute  to-morrow  morning. 

Mr.  Slough.  I  move  to  amend  the  amendment  to  my  motion,  that 
this  report  be  made  the  special  order  for  this  afternoon. 

This  amendment  was  rejected,  upon  a  division — affirmative  12,  nega- 
tive 19. 

The  amendment  to  the  motion  was  agreed  to,  and  the  report  was  made 
the  standing  order  for  to-morrow  morning. 

Mr.  Slough.  Mr.  President,  I  believe  this  is  the  time  limited,  under 
the  order  of  last  Tuesday,  for  all  committees  to  report.  They  should 
make  some  report  this  morning,  if  nothing  but  progress,  and  ask  for 
further  time. 

The  President.  According  to  the  recollection  of  the  chair,  the  com- 
mittee on  Phraseology  and  Arrangement  and  one  other  were  excused. 

Mr.  J.  Blood.  Mr.  President,  the  committee  on  Ordinance  and  the 
Public  Debt  are  not  able  to  make  a  full  report  this  morning,  in  consequence 
of  being  delayed  with  the  report  of  the  commissioners  on  claims.  We  ask 
further  time. 

It  was  granted  by  consent. 

COUNTY  AND  TOWNSHIP  ORGANIZATION. 

Mr.  Ritchie.  Mr.  President,  the  committee  on  county  and  township 
organization  ofi'ers  the  following  report: 

Section  1st.  The  Legislature  may  provide  by  law  for  submitting  to  the 
people  of  each  county  at  an  annual  election,  the  question  of  the  location 
of  county  seats,  and  the  General  Assembly  shall  not  change  the  lines  of 


190  CoNVEXTioN  Proceedings  and  Debates. 

counties  without  the  consent  of  the  people  of  the  several  counties  to  be 
affected  by  the  proposed  alterations. 

2d.  The  General  Assembly  shall  pro\-ide  by  law  for  the  election  of  such 
county  and  township  officers  as  may  be  necessary. 

3d.  County  officers  shall  be  elected  at  the  general  election,  until  other- 
wise directed  by  law,  by  the  qualified  electors  of  each  coimty,  in  such 
manner  and  for  such  time  as  may  be  provided  by  law. 

4th.  No  person  shall  be  eligible  to  the  office  of  sheriff  and  county 
treasurer  for  more  than  four  years  in  any  period  of  sLx  years. 

5th.  Township  officers  shall  be  elected  on  the  first  Monday  of  April 
annually,  by  the  qualified  electors  of  their  respective  townships,  and  hold 
[*105]  their  offices  for  one  year  from  *the  Monday  next  succeeding 
their  election,  and  until  their  successors  are  qualified,  except  the  justices 
of  the  peace,  who  shall  hold  their  office  for  three  years. 

6th.  Justices  of  the  peace  and  county  and  township  officers  may  be  re- 
moved from  office  in  such  manner  and  for  such  cause  as  shall  be  prescribed 
by  law." 

Mr.  Slough.  I  move  it  be  made  one  of  the  special  orders  for  to- 
day. 

Agreed  to  by  consent. 

SCHEDULE. 

Mr.  BuRRis.  Mr.  President,  in  behalf  of  the  committee  on  Schedule,  I 
ask  leave  to  make  the  following  report: 

Section  1st.  That  no  evils  or  inconvenience  may  arise  from  the  change 
of  a  Territorial  government  to  a  permanent  State  government,  it  is  de- 
clared by  this  Constitution  that  all  suits,  rights,  actions,  prosecutions, 
recognizances,  contracts,  judgments  and  claims,  both  as  respects  individuals 
and  bodies  corporate,  shall  continue  as  if  no  change  had  taken  place. 

2d.  All  fines,  penalties  and  forfeitures  due  and  owing  to  the  Territory 
of  Kansas,  or  any  county,  shall  inure  to  the  use  of  the  State  or  county.  All 
bonds  executed  to  the  Governor  or  any  other  officer,  in  his  official  capacity, 
in  the  Territory,  shall  pass  over  to  the  Governor  or  other  officers  of  the 
State  or  county  and  their  successors  in  office,  for  the  use  of  the  State  or 
county,  or  by  him  or  them  to  be  respectively  assigned  over  to  the  use  of 
those  concerned,  as  the  case  may  be. 

3d.  The  Governor,  secretary  and  judges,  and  all  other  officers,  both  cixal 
and  mi'itary,  under  the  Territorial  government,  shall  continue  in  the 
exercise  of  the  duties  of  their  respective  departments  until  the  said  officers 
are  superseded  under  the  authority  of  this  Constitution. 

4th.  All  laws  and  parts  of  laws  now  in  force  in  this  Territory,  not  incon- 
sistent with  this  Constitution,  shall  continue  and  remain  in  full  force  until 
they  expire  or  be  repealed. 

5th.  The  Governor  shall  use  his  private  seal  until  a  State  seal  be  pro- 
vided. 

6th.  The  Governor,  secretary  of  State,  auditor  of  State,  treasurer  of 
State,  attorney-general  and  superintendent  of  public  instruction  shall  keep 
their  respective  offices  at  the  seat  of  the  government. 

7th.  All  records,  documents,  books,  papers,  monies  and  vouchers  be- 
longing and  pertaining  to  the  several  Territorial  courts  and  offices  and  to 
the  several  districts  and  county  offices,  at  the  date  of  the  adoption  of 
this  Constitution,  shall  be  disposed  of  in  such  manner  as  shall  be  pre- 
.scribed  by  law. 


Friday,  July  15,  1859.  191 

8th.  All  suits,  pleas,  plaints  and  other  proceedings  now  depending  in 
any  court  of  record  or  justice's  court,  may  be  prosecuted  to  final  judgment 
and  execution,  and  all  appeals,  writs  of  error,  certiorari,  injunctions,  or 
other  proceedings  whatever,  n.ay  progress  and  be  carried  on  as  if  this  Con- 
stitution had  not  been  adopted,  and  the  Legislature  shall  direct  the  mode 
in  which  such  suits,  pleas,  plaints,  prosecutions  and  other  proceedings,  and 
all  papers,  records,  books  and  documents  connected  therewith,  may  be 
removed  to  the  courts  established  by  this  Constitution. 

9th.  No  debt  of  this  Territory  shall  be  assumed  by  the  State,  except 
by  law  passed  by  a  vote  of  two-thirds  of  each  branch  of  the  Legislature. 

10th.  Until  otherwise  provided  by  law,  the  seat  of  government  shall  be 
at . 


Mr.  Stinson.    I  move  to  make  it  one  of  the  special  orders  for  to-day. 
It  was  agreed  to  by  consent. 

REPORTS   FROM    COMMITTEES. 

Mr.  Greer.  Mr.  President,  in  behalf  of  the  Committee  on  the  Executive 
Department  I  would  say  that  our  report  has  been  in  the  hands  of  the 
printer  for  several  days,  and  I  don't  know  why  it  has  not  been  returned. 
In  consequence  of  this  we  are  not  prepared  to  report,  and  ask  further  time. 

[*106]     *It  was  granted  by  consent. 

Mr.  TowNSEND.  Mr.  President,  the  Committee  on  Electors  and  Elec- 
tions will  probably  be  ready  to  report  to-morrow. 

Mr.  Stinson.  Mr.  President,  the  report  of  the  Committee  on  Finance 
and  Taxation  is  in  the  hands  of  the  printer  and  will  probably  be  given 
to-day. 

Mr.  Houston.  Mr.  President,  as  chairman  of  the  Committee  on 
Amendments  and  Miscellaneous,  I  wish  to  report  progress.  The  nature  of 
our  committee  requires  us  to  pick  up  the  scraps.  I  will  state,  however, 
that  we  are  able  to  report  on  amendments  to  the  Constitution;  but  the 
miscellaneous  matters  we  will  be  unable  to  report  up  till  we  know  what  is 
included  in  the  general  reports.  I  therefore  speak  for  further  time,  in  be- 
half of  the  committee,  to  report. 

Mr.  Slough.  I  would  suggest  the  propriety  of  having  that  portion  of 
the  report  which  is  prepared  printed,  so  that  we  can  dispose  of  it  and  not 
be  compelled  to  wait. 

SAMUEL  A.   LOWE. 

The  President.  I  will  lay  before  the  Convention  the  follo\\ing  com- 
munication asking  that  some  provision  be  made  for  compensation  for  serv- 
ices rendered  by  Samuel  A.  Lowe  as  Assistant  Clerk  of  the  first  Legisla- 
tive Assembly  of  Kansas  Territory. 

The  communication  was  read. 

Mr.  Blunt.    I  move  to  lay  it  upon  the  table. 

The  motion  was  agreed  to. 

education. 

The  unfinished  business  of  yesterday  coming  up  in  order,  to-wit:  the 
consideration  of  the  report  of  the  Committee  on  Education  and  Public  In- 
stitutions— one  question  being  on  the  proposition  of  the  gentleman  from 
Leavenworth  (Mr.  Stinson)  to  add  to  the  second  section  of  the  Report  from 
the  Committee  on  Education  the  words:  "but  no  negro  or  mulatto  pupil 
shall  be  admitted  to  such  schools." 

(The  report  is  printed  in  Thursday's  proceedings,  July  14). 


192  Convention  Proceedings  and  Debates. 

Mr.  Blunt.  Mr.  President,  I  believe  the  first  question  for  considera- 
tion, is  the  amendment  of  the  gentleman  from  Leavenworth. 

The  President.  According  to  the  recollection  of  the  chair  it  is  Mr 
Stinson. 

Mr.  Blunt.  I  think  discussion  on  this  question  has  already  taken  a 
wide  range,  and  for  the  purpose  of  takins;  the  vote  that  the  further  time 
of  the  Convention  shall  not  be  occupied  in  giving  a  wide  range  to  the  dis- 
cussion of  matters  not  germane  to  the  subject  under  consideration,  I  call 
for  the  previous  question. 

The  demand  for  the  previous  question  was  not  sustained  by  the  Con- 
vention. 

Mr.  Blunt.    I  move  that  the  amendment  lie  on  the  table. 

The  yeas  and  nays  were  demanded,  and,  being  ordered  and  taken,  re- 
sulted— yeas,  29;  nays,  20 — as  follows: 

Yeas— Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Button,  Graham,  Griffith,  Hutchinson,  Hanway,  Hoffman,  Hous- 
ton, Ingalls,  Lillie,  Lamb,  Middleton,  McCullough,  Preston,  Palmer, 
Ritchie,  Ross,  Signor,  Stokes,  Simpson,  Thacher,  Townsend,  Wilhams  l29]. 

Nays — Messrs.  Brown,  Barton,  Foster,  Forman,  Greer,  Hippie,  Hub- 
bard, Kingman,  Moore,  McDowell,  McCune,  McClelland,  Parks,  Porter, 
Slough,  Stinson,  Stiarwalt,  J.  Wright,  Wrigley,  T.  S.  Wright  [20]. 

So  the  amendment  was  laid  on  the  table. 

Mr.  Burris.  Mr.  President,  I  move  to  amend  this  section  2d  by  strik- 
ing out  all  after  the  word  "Department." 

Mr.  Blunt.  Mr.  President,  I  am  opposed  to  striking  out  anything 
from  that  section  as  reported  by  the  committee;  and  I  am  equally  opposed 
to  any  addition  being  made.  I  stated  on  yesterday  in  my  reasons  for  vot- 
ing, or  why  I  should  vote,  against  the  amendment  proposed  by  the  gentle- 
man from  Leavenworth,  that  I  did  not  wish  to  incorporate  any  such  pro- 
vision as  was  proposed,  in  the  organic  law,  believing  that  society  would 
regulate  itself  in  this  matter  and  that  the  Legislature  would  make  such 
[*107]  provision  in  reflation  to  common  schools,  as  to  who  should  par- 
ticipate in,  or  derive  benefit  from  those  schools — as  would  be  required  by 
the  people.  The  time  might  come  in  the  future  history  of  Kansas  under 
this  law,  when  the  public  sentiment  would  be  such  that  it  might  be  neces- 
sary to  provide  for  the  education  of  colored  persons  and  mulattoes  in  such 
a  manner  as  would  come  in  conflict  with  the  law.  As  I  do  not  wish  any 
protection  for  my  children,  as  I  expect  to  determine  with  whom  they  shall 
associate,  and  as  1  believe  it  a  matter  every  person  will  regulate  as  will 
be  consistent  with  his  own  feelings,  I  do  not  think  it  necessary  that  we 
should  determine  in  our  organic  law  any  rule  for  the  Legislature  in  this 
matter.  I  am  opposed  to  strikino:  out  this  part  of  the  section  relative  to 
placing  both  sexes  upon  an  equality,  not  only  in  our  common  schools  but 
schools  of  higher  grade,  because  I  iDclieve  it  right  and  just  that  all  the 
benefits  which  inure  to  the  youth  of  this  country  from  any  school  system, 
should  inure  to  the  females  as  well  as  males.  Sir,  gentlemen  may  contend 
that  this  is  provided  for  in  a  certain  clause  in  the  Legislative  Department 
which  provides  that  females  may  participate  in  elections  on  all  matters  per- 
taining to  the  government  of  common  schools.  This  relates  only  to  com- 
mon schools,  and  not  to  schools  of  higher  grades,  seminaries,  colleges  and 
universities.    I  think  the  section  is  very  appropriate.    I  see  a  manifest  dis- 


Friday,  July  15,  1859.  193 

position  on  the  part  of  some  gentlemen  to  strike  from  this  section  that 
clause,  because  the  "nigger"  question  has  been  forced  upon  them  here. 
They  don't  wish  to  face  the  music  and  take  the  responsibility  of  the  record. 
They  wish  to  strike  from  that  section  this  clause,  because  there  would  be 
no  opportunity  for  our  Democratic  friends  to  insert  the  word  "white." 
Now,  gentlemen,  I  am  willing  to  go  upon  the  record  upon  every  vote  I 
propose  to  cast  here;  and  1  say  to  my  Republican  friends  that  if  you 
succumb  to  the  Democrats  and  strike  out  this  clause  in  the  second  section 
for  the  manifest  purpose  of  compromising,  when  you  have  done  that  they 
will  still  make  further  demands  upon  you  and  will  have  this  Constitution 
smeared  all  over  with  "negro."  Thej'  will  thrust  it  upon  you  time  and 
again.  When  this  question  of  negro  or  black  law  comes  up  at  the  proper 
time  then  I  propose  to  meet  the  question.  If  we  give  way;  become  weak- 
kneed  and  afraid  to  have  our  votes  recorded,  and  back  down  for  the  mani- 
fest reason  that  we  don't  wish  to  face  the  music,  we  will  find  motions  Iiere 
to  reconsider  what  we  have  done,  and  then  they  will  propose  that  no  negro 
shall  be  elected  to  the  office  of  Governor;  that  we  elect  75  wliite  members 
to  the  House  and  25  white  members  to  the  Senate;  and  "negro"  will  be 
thrust  into  every  section  of  the  Constitution.  I  hope  the  gentleman  will 
not  strike  out  any  provision  nor  vote  for  any  proposition  for  the  mere 
purpose  of  evading  responsibility  on  this  question. 

The  amendment  was  adopted. 

Mr.  LiLLiE.  Mr.  President.  I  wish  to  have  the  word  "agricultural" 
struck  out,  and  the  word  "industrial"  inserted. 

The  motion  was  rejected,  and  the  section  as  amended  was  adopted. 

Section  3  was  read  and  adopted. 

Section  4  was  read. 

Mr.  Stinson.  Mr.  President,  I  move  to  amend  by  inserting  after  the 
word  "therein"  these  words:  "excei)ting  negro  and  mulatto  children  and 
youth." 

Mr.  Blunt.    I  move  to  lay  it  on  the  table. 

On  this  motion  the  yeas  and  nays  were  demanded,  and  being  ordered 
and  taken  resulted — yeas  33,  nays  17 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  B'ood, 
Crocker,  Dutton,  Graham.  Griffith,  Hutchinson,  Hanway,  Hoffman,  Hous- 
ton, Ingalls,  Kingman,  LiUie,  Lamb,  Middleton,  May,  McCuUough,  Pres- 
ton, Palmer,  Porter,  Ritchie,  Ross,  Signor,  Stokes,  Simpson,  Thacher, 
Townsend,  T.  S.  Wright,  Williams— 33. 

[*108]  *Nays — Messrs.  Brown,  Barton,  Foster,  Forman,  Greer,  Hippie, 
Hubbard,  Moore,  McDowell,  McCune,  McClelland,  Parks,  Slough,  Stinson, 
Stiarwalt,  J.  Wright,  Wrigley— 17. 

So  the  amendment  was  laid  on  the  table. 

Mr.  Blunt.  Mr.  President,  I  have  one  suggestion  to  make,  the  object 
of  which  will  be  to  save  much  time  in  calling  the  yeas  and  nays.  They 
may  make  all  the  amendments  they  choose  about  negroes,  but  let  us  have 
the  yeas  and  nays  on  them  all  at  once. 

Section  4  was  adopted. 

Section  5  was  read  and  adopted. 

Sec.  6  was  read. 

Mr.  Wright  of  Nemaha.  I  move  to  strike  out  the  word  "counties"  and 
insert  "townships." 

13 — 778 


194  Convention  Proceedings  and  Debates. 

Mr.  Houston.  Mr.  President,  I  hope  my  friend  from  Nemaha  will 
not  press  this  matter.  It  seems  to  me  that  the  expenses  connected  with 
this  source  of  revenue  are  to  be  borne  equally  by  all  parts  of  the  county, 
and  it  is  nothing  but  fair  that  the  whole  people  of  the  county  should  share 
in  the  benefits  that  come  in  this  way. 

The  amendment  was  rejected. 

Sections  6,  7,  8  were  adopted,  and  so  that  portion  of  the  report  was 
passed. 

PUBLIC   institutions. 

The  first  paragraph  in  this  branch  of  the  report  being  read-  by  the 
Secretary — 

Mr.  Stinson.  Mr.  President,  I  desire  to  offer  a  section  in  the  article 
on  education. 

The  President.  The  gentlemen  ^\^ll  not  be  in  order  until  after  the 
whole  report  shall  be  gone  through  with. 

Mr.  Burnett.  I  would  suggest  that  there  was  one  section  adopted  in 
committee  of  the  whole  which  has  not  been  read  yet. 

The  President.    The  gentlemen  are  not  in  order. 

The  paragraph  was  adopted  without  amendment. 

The  second  and  third  paragraphs  were  adopted., 

The  fourth  paragraph  was  read. 

Mr.  McDowell.  Mr.  President,  I  move  to  amend  by  inserting  after 
the  words  "infirmity  or  other  misfortune,"  the  words  "except  negroes  and 
mulattoes." 

Mr.  Blunt.    I  move  to  lay  it  on  the  table. 

Mr.  Thacher.    I  wish  to  ask  the  gentleman  to  withdraw  his  motion, 
and  let  us  have  a  distinct  vote  on  the  amendment. 
Mr.  Blunt.    I  withdraw  it. 

The  yeas  and  nays  were  demanded,  and  being  ordered  and  taken  re- 
sulted— 

Yeas  2,  nays  48 — as  follows: 

Yeas — Messrs.  Foster  and  McDowell — 2. 

Nays — Messrs.  Arthur,  Burnett,  Blunt,  BrowTi,  Barton,  Burris,  J.  B'ood, 
N.  C.  B'ood,  Crocker,  Dutton,  Forman,  Graham,  Greer,  Griffith,  Hippie, 
Hubbard,  Hutchinson,  Hanway,  Hoffman,  Houston,  Ingalls,  Kingman, 
Lillie,  Lamb,  Middleton,  May,  Moore,  McCune,  McClelland,  McCullough, 
Preston,  Palmer,  Parks,  Porter,  Ritchie,  Ross,  Simor,  Slough,  Stinson, 
Stiarwalt,  Stokes,  Simpson,  Thacher,  Townsend,  J.  Wright,  Wrigley,  T.  S. 
Wright  and  Williams— 48. 

So  the  amendment  was  rejected,  and  the  4th  paragraph  was  adopted. 

Mr.  Thacher.  Mr.  President,  I  propose  an  additional  section,  and  I 
do  so  because  I  suppose  the  amendment  of  the  gentleman  from  Leaven- 
worth was  based  upon  "brown."  It  was  not  inserted  in  the  proper  place, 
and  therefore  I  propose  this  section: 

"None  of  the  provisions  of  this  article  shall  apply  to  or  include  negroes 
or  mulattoes." 

Mr,  Slough.    I  move  to  lay  it  on  the  table. 

Mr.  Stinson.    I  think  the  proposition  is  most — 

The  President.    The  question  is  not  in  order. 


Friday,  July  15,  1859.  195 

The  yeas  and  nays  were  demanded,  and  being  ordered  and  taken,  re- 
sulted— yeas  47,  nays  3 — as  follows: 

Yfas — Messrs.  Arthur,  Burnett,  Blunt,  Brown,  Barton,  Burns,  J.  Blood, 
N.  C.  Blood,  Crocker,  Button,  Foster,  Forman,  Graham,  Greer,  Griffith, 
Hippie,  Hubbard,  Hutchinson,  Hanway,  Hoffman,  Houston,  Ingalls, 
[*109]  *Kingman,  Lillie,  Lamb,  Middleton,  May,  Moore,  McCune,  Mc- 
Clelland, McCullou^h,  Preston,  Pn'mer,  Poi'ter,  Ritchie,  Ross,  Siwor, 
Slough,  Stinson,  Stiarwalt,  Stokes,  Simpson,  Thacher,  Townsend,  Wrigley, 
J.  Wright  and  Williams — 47. 

Nays— Messrs.  McDowell,  Parks,  T.  S.  Wright— 3. 

So  the  amendment  was  laid  on  the  table. 

The  President.  The  clerk  informs  the  Chair  that  by  mistake  the  sec- 
tion numbered  section  9  (introduced  by  Mr.  J.  Blond),  in  the  place  of  the 
ninth  section  stricken  out,  was  not  read  in  its  proper  place  and  passed 
upon.    The  clerk  will  read. 

Mr.  Stinson.  Mr.  President,  I  desire  to  offer  an  additional  section 
to  the  article  on  Education,  to  be  numbered  section  10.    It  is  as  follows: 

"Sec.  10.  No  negro  or  mulatto  shall  be  admitted  to  the  University,  or 
to  any  of  the  schools  mentioned  in  this  article." 

Mr.  Blunt.    Lay  it  on  the  table. 

The  yeas  and  nays  were  demanded  on  this  motion,  and  being  ordered 
and  taken,  resulted — yeas  31,  nays  16 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  B'ood, 
Crocker,  Button,  Graham,  Greer,  Griffith,  Hutchinson,  Hanway,  Hoffman, 
Houston,  Ingalls,  Kingman,  Lillie,  Lamb,  Middleton,  May,  McCullough, 
Preston,  Palmer,  Porter,  Ritchie,  Ross,  Si^nor,  Stokes,  Simpson,  Thacher, 
Townsend,  T.  S.  Wright  and  Williams — 34. 

Nays — Messrs.  Brown,  Barton,  Foster,  Forman,  Hippie,  Hubbard, 
Moore,  McBowell,  McCune,  McClelland,  Parks,  Slough,  Stinson,  Stiarwalt, 
J.  Wright,  Wrigley— 16. 

So  the  amendment  was  laid  on  the  table. 

Mr.  BuRRis.  I  move  that  the  article  just  passed  be  printed  and  referred 
to  the  committee  on  Phraseology  and  Arrangement. 

The  motion  was  agreed  to,  and  the  order  was  made  accordingly. 

COUNTY   AND   TOWNSHIP   ORGANIZATION. 

Mr.  HipPLE.  Mr.  President,  I  move  that  we  proceed  to  the  considera- 
tion of  the  Article  on  County  and  Township  Organization. 

Mr.  Slough.  I  move  that  we  go  into  committee  of  the  whole  on  that 
subject. 

The  motion  was  agreed  to. 

The  Convention  accordingly  resolved  itself  into  committee  of  the  whole — 
Mr.  Hutchinson  in  the  Chair — and  took  up  the  Article  on  County  and 
Township  Organizations,     (it  is  printed  above.) 

Mr.  BiiowN.  Mr.  Chairman,  I  move  that  it  be  read  and  considered 
section  by  section. 

It  was  agreed  to  by  consent. 

Sections  1  and  2  were  read  and  adopted. 

Section  3  was  read. 

Mr.  Slough.    Mr.  Chairman,  I  move  to  strike  out  that  section  for  the 


196  Convention  Proceedings  and  Debates. 

reason  that  I  think  it  more  properly  belongs  to  the  committee  on  electors 
and  elections.  This  report  has  not  been  made,  but  will  cover  the  election 
of  both  county  and  township  officers. 

The  motion  was  agreed  to. 

Section  four  was  read. 

Mr.  Slough.    I  move  to  strike  out  "and"  and  insert  "or." 

It  was  agreed  to  by  consent,  and  so  section  4  was  adopted. 

Section  5  was  read. 

Mr.  Slough.  Mr.  Chairman,  for  the  same  reason  that  I  made  the  mo- 
tion to  strike  out  section  3,  I  move  that  section  5  be  stricken  out.  It  is 
provided  for  in  the  proper  report  of  the  Committee  on  Electors  and 
Elections. 

Mr.  Thacher.    I  would  ask  whether  this  section  is  in  that  report? 

Mr.  Slough.  That  portion  of  the  section  proper  for  us  to  act  upon 
(having  disposed  of  the  term  of  office  of  Justice  of  the  Peace),  will  be  dis- 
posed of  by  the  committee  just  referred  to. 

Mr.  Tow^nsend.  The  length  of  time  we  don't  have  anything  to  say 
about.    If  we  fix  the  time  here  we  can  fix  it  in  our  own  report. 

Mr.  Kingman.  Mr.  Chairman,  I  would  offer  as  a  substitute  for  section 
5  the  following: 

[*110]  "Sec.  5.  Township  officers,  except  Justices  of  *the  Peace,  shall 
hold  their  offices  for  one  year  from  the  Monday  next  succeeding  their  elec- 
tion, and  until  their  successors  are  elected  and  qualified." 

The  substitute  was  adopted. 

Sec.  6  was  read  and  adopted. 

Mr.  Thacher.  Mr.  Chairman,  I  suppose  that  amendments  are  still  in 
order.  When  the  first  section  passed,  1  was  not  paying  attention.  In  it 
there  is  a  principle  involved,  and  although  my  own  local  interests  are 
probably  in  favor  of  the  section,  my  convictions  of  duty  to  the  people  at 
large,  compel  me  to  call  attention  to  it. 

"Sec.  1.  The  Legislature  may  provide  by  law  for  submitting  to  the 
people  of  each  county  at  an  annual  election,  the  question  of  the  location 
of  county  seats,  and  the  General  Assembly  shall  not  change  the  lines  of 
counties  without  the  consent  of  the  people  of  the  several  counties  to  be 
affected  by  the  proposed  alterations." 

I  wish  gentlemen  to  understand  that  provision  prevents  the  erection  of 
any  new  counties  out  of  old  ones.  The  principle  involved  is  this:  It  should 
be  with  the  consent  of  the  people  in  the  district  to  be  affected  by  the  pro- 
posed alteration — to  be  included  within  the  new  county.  If  you  allow  two 
counties  to  demand  that  a  new  county  be  erected  out  of  territory  be- 
longing to  both,  the  people  residing  therein  protesting  against  it,  and 
there  is  sufficient  power  to  overcome  the  riihtful  protest,  they  are  thus 
set  off  unwillingly.  The  people  within  the  district  ought  to  be  allowed  to 
pass  upon  it,  and  those  outside  ought  not.  My  local  interests  would  favor 
it  as  it  stands,  but  my  convictions  of  the  principle  are  the  other  way.  I 
merely  call  attention  to  this  fact  for  the  purpose  of  bringing  it  up  to  the 
minds  of  all.  As  I  am  locally  interested  in  having  it  as  it  is,  I  will  make 
no  motion. 

Mr.  Kingman.    I  move  that  the  committee  rise. 

The  motion  was  agreed  to. 


Friday,  July  15,  1859.  197 

The  committee  accordingly  rose  and  the  chairman  reported  the  article 
with  sundry  amendments,  as  above. 

On  motion  by  Mr.  Simpson,  the  convention  proceeded  to  the  considera- 
tion of  the  report  section  by  section. 

Section  1  was  read. 

Mr.  Wrigley.  Mr.  President,  it  seems  to  me  the  object  of  this  section  is 
to  prevent  the  Legislature  not  only  from  changing  county  lines,  but  county 
seats  seem  to  have  been  omitted.  I  move  to  insert  after  the  words  "lines 
of  counties,"  the  words  "or  the  county  seats  of  the  several  counties." 

Mr.  Thacher.    I  suggest  that  will  make  it  read  absurdly. 

Mr.  Kingman.    Put  it  before  the  word  "line." 

Mr.  Wrigley.    I  accept. 

Mr.  Houston.  Mr.  President,  I  move  to  amend  the  amendment  by 
striking  out  all  after  the  words  "location  of  county  seats." 

Mr.  BuRRis.  It  seems  to  me,  Mr.  President,  that  the  amendment  pro- 
posed by  the  gentleman  from  Riley  (Mr.  Houston)  would  strike  out  that 
which  is  most  valuable  in  this  section.  I  consider  the  last  part  the  most 
efficacious  to  secure  and  protect  the  rights  of  citizens  of  the  different 
counties.  Gentlemen  take  the  wrong  view  of  the  case  when  they  say  it 
would  prevent  a  change.  If  the  people  of  one,  two,  or  more  counties  de- 
sired the  change,  clearly  they  would  have  the  right  to  petition  the  Legis- 
lature for  its  lines  or  county  seats  to  be  changed.  This  should  be  re- 
quired. If  the  people  of  a  populous  county  should  desire  to  add  some 
sparsely  settled  territory  to  it,  they  ought  first  to  obtain  the  consent  of 
the  inhabitants  of  the  county  over  whose  boundaries  they  propose  to 
break.  I  am  in  favor  of  this  section  just  as  it  stands,  and  it  seems  to  me 
proper  and  just  that  it  should  be  incorporated  in  the  Constitution.  I  hope 
neither  amendment  will  prevail. 

Mr.  Preston.  I  dissent  from  the  opinion  that  the  amendment  affects 
the  rights  of  the  minority.  It  is  well  know^n  that  the  county  seat  is  sup- 
[*111]  posed  to  be  the  largest  town  in  the  county.  *The  county  seat 
may  be  right  on  one  side  of  the  county,  compelling  the  other  side  to  travel 
the  whole  length  of  the  county  to  do  county  business.  There  is  a  com- 
munity that  is  inconvenienced  by  the  rule  of  the  majority;  but  right  and 
justice  not  only  gives  them  the  privilege  to  petition  the  Legislature  for 
the  power  to  make  an  alteration,  but  the  Legislature  protects  their  rights. 
We  have  an  instance  at  this  time  where  the  county  seat  is  located  right  on 
the  edge  of  the  county,  and  that  county  seat  may  have  a  majority.  Now 
are  we  to  say  that  town  shall  compel  all  the  inhabitants  of  the  county  to 
come  to  it?  The  inhabitants  of  the  county  have  more  business  to  do  in  the 
county  seat  than  those  who  live  there.  Those  living  in  the  county  town, 
perhaps,  have  very  little  county  business  to  do.  The  location  of  county 
seats  should  be  made  to  accommodate  the  rural  districts  and  not  the 
towns.     I  shall  favor  the  amendment. 

Mr.  Burnett.  Mr.  President,  I  hope  an  amendment  of  some  kind 
will  prevail.  The  section  prevents  the  Legislature  from  ever  making  any 
change  in  county  lines.  Gentlemen  need  but  look  upon  the  map  of  Kan- 
sas to  see  that  there  exists  a  necessity,  if  we  consult  the  convenience  and 
wishes  of  the  people,  that  certain  lines  should  be  changed.  There  is  a  mile 
strip  on  the  west  side  of  Bourbon  county,  and  it  is  the  wish  of  a  majority 
to  be  set  into  another  county,  and  there  is  a  corner  in  Bourbon  county  of 
one-quarter  of  a  Congres.'^ional  township,  that  also  wishes  to  come  into  the 


198  Convention  Proceedings  and  Debates. 

arrangement.  Bourbon  may  vote  for  it,  and  Linn  may  vote  for  it — both 
remain  out — while  the  people  most  interested  may  vote  against  it;  taking 
the  aggregate  vote,  it  would  be,  say,  nine-tenths  for  it  and  one-tenth  against 
it.  So  the  district  proposed  to  be  affected,  will  have  the  power  to  defeat 
the  proposition.  I  think,  sir,  you  should  not  tie  up  the  Legislature  in  such 
a  manner  as  to  bar  and  prevent  their  carrying  out  the  wishes  of  the  people. 

Mr.  Thacher.  Mr.  President,  I  offer  the  following  substitute  for  sec- 
tion 1: 

(All  record  of  this  amendment  is  lost). 

Mr.  Thacher.  Mr.  President,  I  believe  the  more  I  reflect  the  more  I 
am  convinced  that  this  is  a  matter  which  we  ought  not  to  bind  so  effec- 
tually. There  is  a  district  across  from  Shawnee  that  would  naturally  come 
into  that  county,  but  a  majority  doing  business  at  the  other  end  would 
vote  against  it,  when  it  would  absolutely'  serve  the  wants  of  the  people 
affected  thereby.  These  changes  throughout  the  Territory  would  accom- 
modate large  bodies  that  would  be  defeated  by  selfishness  around  the 
county  seat.  The  only  honest  principle  is  to  leave  it  to  the  people  of  the 
district  included  within  the  proposed  change. 

Mr.  Ritchie.  In  defense  of  the  article,  I  would  just  state  that  there 
is  no  selfish  motive  actuating  the  committee  which  reported  it. 

Mr.  Thacher.    I  did  not  say  any  such  thing. 

Mr.  Ritchie.    It  was  so  intimated. 

The  President.  Gentlemen  will  confine  their  remarks  to  the  question, 
and  address  the  chair. 

Mr.  Ritchie.  With  respect  to  new  county  seats,  the  committee  were 
of  opinion,  where  a  change  was  proposed  by  one  coimty,  that  the  voice  of 
the  people  of  the  whole  county  should  be  heard  concerning  the  question, 
and  nothing  more.  Suppose  Shawnee  and  Jackson  counties  desired  a 
change  in  the  line.  Now  in  this  article,  as  it  stands,  Jackson  county  as  a 
whole  should  be  consulted,  and  Shawnee  county  could  not  force  Jackson 
to  give  up  a  portion  of  her  territory.  These  propositions  are  on  the  prin- 
ciple of  the  big  fish  eating  up  the  httle  fish.  I  hope  none  of  the  amend- 
ments will  prevail. 

Mr.  BuRRis.  Mr.  President,  it  seems  to  me  the  remarks  of  the  gentleman 
from  Douglas  (Mr.  Thacher)  show  an  objection  which  might  be  urged 
against  allowing  the  Legislature  to  change  county  lines  with  the  consent  of 
residents  in  a  particular  district.  We  may  suppose  two  counties  lying 
side  by  side.  In  one  they  may  have  levied  taxes  and  erected  public  build- 
[*112]  ings.  After  being  heavily  taxed  for  a  long  succes^s'on  of  years 
they  get  through  with  all  their  public  expenses,  and  then  a  little  strip  of 
Territory  on  one  side  of  the  other  county,  in  which  they  have  j^et  taken 
no  steps  toward  their  public  works  of  improvement,  might  desire  to  be  at- 
tached to  the  county  that  has  gone  through  with  these  expenses.  They 
might  petition  the  Legislature  and  thus  leave  the  county  poorer,  and  less 
able  to  bear  such  expenses  as  putting  up  her  public  buildings,  building 
bridges,  &c.,  where  th's  strip  of  territory  would  escape  and  shirk  its  por- 
tion of  taxation.  I  think  the  people  of  both  counties  in  their  a-rgregate 
capacity  are  interested  in  any  question  of  this  kind  that  may  come  up.  I 
hope  neither  the  substitute  nor  the  second  amendment  will  be  adopted. 
Let  the  wishes  of  all  the  -counties  concerned  be  taken  into  consideration. 

Mr.  Houston.  Mr.  President,  I  suppose  we  all  agree  that  we  some- 
times commit  errors  ourselves.    1  suppose  the  men  that  have  preceded  us 


Friday,  July  15,  1859.  199 

have  not  been  men  with  different  passions  and  judgments  from  ourselves, 
and  that  they  sometimes  committed  errors.  1  think  the  bogus  legislation 
that  made  these  county  lines  committed  some  gross  errors,  and  they  ought 
[to  be,]  and  will  be  corrected.  You  should  not  make  the  matter  perma- 
nent, so  that  the  Legislature  could  not  change  county  boundaries,  no  matter 
how  much  it  might  be  injurious  to  the  people.  Shall  we  place  ourselves  in 
so  awkward  a  predicament  as  this,  that  we  can't  possibly  avoid  the  results 
growing  out  of  it?    I  am  in  favor  of  the  amendment  of  the  gentleman. 

Mr.  PiiESTON.  Mr.  President,  I  cannot  conceive  why  my  colleague  thinks 
this  is  the  best  way.  1  live  in  a  small  town  that  is  ri  ht  on  the  edge  of  the 
county.  We  have  to  go  25  miles  to  do  county  business;  and  yet  we  are 
within  two  miles  of  another  county  seat.  The  voice  of  the  county  could 
put  us  to  this  inconvenience  as  long  as  they  pleased,  if  this  is  passed.  It 
is  unjust.  The  matter  ought  to  be  left  with  the  people  of  the  district  di- 
rectly interested.  What  are  county  seats  established  for,  if  not  to  afford 
facilities  for  the  people  of  the  county  to  do  county  business?  And  surely 
the  people  in  the  county  are  those  having  the  most  county  business  to  be 
done. 

Mr.  Griffith.  Mr.  President,  I  understand  that  to  mean  that  the 
vote  shall  be  submitted  to  the  people  of  the  district  or  county  that  is 
proposed  to  be  organized  into  a  new  county,  or  clipped  off  of  another.  It 
is  possible  that  a  large  county  could  clip  a  small  county  to  its  very  great 
detriment.  In  the  county  where  I  reside  there  is  a  strip  of  land  three 
miles  wide  between  Linn  and  Bourbon  counties.  Now,  whichever  of  these 
counties  has  a  majority  of  voters  would  have  the  strip  of  land  according 
to  the  section,  but  if  we  put  it  in  the  form  of  the  substitute,  we  leave  it  to 
those  persons  residing  in  that  section  of  the  country. 

Mr.  Thacher.  IVlr.  President,  I  beheve  it  is  better  to  leave  the  matter 
to  the  Legislature.  I  think  it  is  customary  to  leave  the  Legislature  to  act 
upon  this  matter.  As  it  stands  now,  it  does  allow  the  big  fish  to  eat  the 
little  ones.  It  prevents  a  small  community  from  leaving  one  county  and 
going  into  another. 

Mr.  Blunt.  Mr.  President,  I  don't  exactly  accord  my  views  with  the 
substitute,  and  I  don't  think  it  exactly  carries  out  the  views  of  the  mover. 
It  provides  that  no  county  lines  shall  be  changed  without  the  consent  of 
the  people — 

Mr.  Thacher.    I  withdraw  my  substitute. 

Mr.  Blunt.  Then,  Mr.  President,  I  wish  to  offer  the  following  as  a 
substitute: 

"Sec.  1.  The  Legislature  may  provide  by  law  for  the  organization 
of  new  counties,  locating  county  seats,  and  the  changing  of  county  lines." 

It  is  evident,  that  at  no  far  distant  day,  there  must  be  some  changes  in 
county  lines  to  make  them  conform  with  township  lines,  &c.  There 
[*113]  *is  not  in  the  whole  Territory  of  Kansas  a  county  boundary  that 
is  established  upon  township  lines.  A  change  may  be  proposed  in  a  county 
line  in  which  four  counties  are  interested.  Three  of  these  may  agree  and 
the  fourth  oppose  such  a  change;  and  thus  the  change  can  be  defeated, 
against  the  will  of  the  other  three.  Hence  I  had  rather  leave  this  matter 
to  the  Legislature,  inasmuch  as  we  cannot  get  at  it  in  a  way  satisfactory 
here. 

The  substitute  was  adopted  upon  a  division — affirmative  25,  negative  20. 


200  Convention  Proceedings  and  Debates. 

Mr.  Wrigley.  Mr.  President,  I  desire  to  offer  an  amendment,  which  I 
will  read: 

"The  Legislature  may  provide  by  law  for  submitting  to  the  people  of 
each  county,  at  an  annual  election,  the  question  of  the  location  of  county 
seats,  and  the  Le2islature  shall  not  change  the  county  seats,  or  boundaries 
of  counties,  without  the  consent  of  a  majority  of  the  people  of  the  counties 
(Urectly  interested  in  such  change." 

I  think  the  substitute  I  offer  removes  the  objection  which  the  gentleman 
from  Douglas  (Mr.  Thacher)  recited.  It  does  seem  to  me  that  the  people 
of  the  district  immediately  interested  ought  not  to  have  the  full  say  in  the 
matter. 

The  President.  The  chair  thinks  the  amendment  out  of  order,  as  a 
similar  question  has  been  passed  upon  by  the  committee. 

Mr.  Wrigley.  In  tins  instance  it  would  require  a  majority  of  all  the 
counties  interested  to  effect  a  change. 

The  President.  Unless  objection  is  made,  the  chair  will  entertain  the 
substitute. 

It  was  laid  on  the  table,  upon  a  division — affirmative  23.  negative  20. 
The  section  as  amended  was  then  adopted. 
Sections  2,  3,  4,  5,  were  read  and  adopted. 

So  the  article  passed,  and  then  it  was  referred  to  the  committee  on 
Phraseology  and  Arrangement. 

schedule. 

The  special  order  is  the  report  of  the  committee  on  Schedule. 

Mr.  Blunt.  I  move  that  we  go  into  committee  of  the  whole  on  that 
report. 

The  motion  was  agreed  to. 

The  Convention  accordingly  resolved  itself  into  a  committee  (Mr. 
Burris  in  the  chair)  and  proceeded  to  the  consideration  of  the  schedule. 

On  motion  by  Mr.  Slough  it  was  taken  up  section  by  section. 

Section  1  was  read  and  adopted. 

Section  2  was  read. 

Mr.  Thacher.  Mr.  Chairman,  I  move  to  insert  the  word  "Territorial" 
just  before  the  word  "Governor"  where  it  first  occurs. 

It  was  agreed  to  by  consent. 

Section  2  was  adopted. 

Mr.  Houston.    I  would  suggest  another  amendment. 

The  Chairman.  The  Chair  is  of  opinion  the  amendment  would  be  out 
of  order.    It  can  be  reached  hereafter. 

Section  3  was  read  and  adopted. 

Section  4  was  read. 

Mr.  President  Winchell.  Mr.  Chairman,  I  desire  to  make  an  amend- 
ment to  this  section.  Strike  out  the  word  "now"  and  insert  after  the  word 
"Territory"  the  words  "at  the  time  of  the  ratification  of  this  Constitution 
by  Congress,"  making  it  read  as  follows:  "Sec.  4.  All  laws  and  parts  of 
laws  in  force  in  this  Territory  at  the  time  of  the  ratification  of  this  Consti- 
tution by  Congress,  not  inconsistent  with  this  Constitution,  shall  continue 
nnd  remain  in  full  force  until  they  expire,  or  be  repealed."    My  object  for 


Friday,  July  15,  1859.  201 

making  this  amendment  is  this:  I  remember  at  the  time  the  Lecompton 
Constitution  was  before  Con2;ress  for  ratification,  that  the  question  was 
mooted  as  to  whether,  if  that  Constitution  were  to  be  ratified,  laws  passed 
[*114]  by  the  Legislature  after  the  passage  of  that  ^Constitution  by  the 
convention  here  would  be  of  binding  force  and  effect.  It  seems  to  me  it 
would  be  far  better  for  us  to  state  a  limit,  instead  of  leaving  it  in  this 
shape.  It  is  j^ftj^ested  that  the  word  "acceptance"  would  be  preferable  to 
the  word  "ratification."  I  accept  the  modification.  The  case  is  simply  to 
apply  where  it  is  probable  we  shall  have  a  Territorial  Legislature  before 
the  acceptance  of  the  Constitution  by  Congress.  We  shall  say  at  the  time 
the  constitution  goes  into  effect,  all  laws  which  that  Legislature  has  passed, 
shall  also  be  recognized  as  laws;  that  there  shall  be  no  question  as  to 
whether  they  are  laws  or  not. 

The  amendment  was  adopted;  and  section  6  as  amended  was  adopted. 

Section  5  was  read  and  adopted. 

Section  6  was  read. 

Mr.  Slough.  I  move  to  insert  after  the  word  "Governor"  the  words 
"Lieutenant  Governor." 

Mr.  McDowell.  Mr.  Chairman,  I  don't  see  the  necessity  of  that.  As  the 
Executive  Department  has  not  been  passed  upon,  we  have  not  decided  to 
have  a  Lieutenant  Governor,  and  if  we  do  have  one,  it  will  not  be  neces- 
sary for  him  to  have  an  office  at  the  seat  of  government. 

Mr.  Slough.  I  withdraw  the  amendment.  I  see  the  point  of  the  gentle- 
man. 

Section  6  was  adopted. 

Section  7  was  read. 

Mr.  President  Winchell.  Mr.  Chairman,  I  w'ould  suggest  as  to 
whether  the  language  of  this  section  is  not  a  little  vague.  Legal  gentlemen 
can  state  what  ground  there  is  for  ambiguity;  whether  the  adoption  by 
the  people  or  acceptance  by  Congress  is  intended. 

Mr.  Thacher.  I  propose  "at  the  date  of  the  admission  of  this  State  into 
the  Union,"  instead  of  "at  the  vote  on  the  adoption  of  this  Constitution." 

The  amendment  was  agreed  to,  and  so  section  7  was  adopted,  by  consent. 

Section  8  was  read. 

Mr.  President  Winchell.    Strike  out  "now." 

It  was  agreed  to  by  consent. 

Section  8  was  adopted. 

Section  9  was  read. 

Mr.  President  Winchell.  Mr.  Chairman,  I  would  like  to  know  what 
will  become  of  the  debts  of  the  Territory,  unless  paid  by  the  State?  I 
always  supposed  they  were  bequeathed  to  the  State. 

Mr.  J.  Blood.  I  don't  know  as  I  understand  the  meaning  of  that  sec- 
tion. I  would  propose  to  amend  by  substituting  for  "no  debt"  the  words 
"all  debts"  and  strike  out  all  after  the  word  "State." 

Mr.  McDow'ell.  Mr.  Chairman,  we  reported  it  in  this  shape  to  hear 
and  express  opinions  upon  it.  I  think  all  precedent  is  that  the  debts  of  a 
Territory  are  paid  by  Congress.  Of  course  we  desire  the  debts  shall  be  paid 
by  Congress,  but  if  Congress  should  refuse,  there  remains  a  series  of  debts, 
the  paj^ment  of  which  is  unprovided  for;  so  we  have  here  given  the  Legis- 
lature power  to  saddle  the  indebtedness  on  the  State.  Now,  there  may  be, 
under  this  section,  a  very  important  question,  and  it  is  this:    It  is  claimed 


202  Convention  Proceedings  and  Debates. 

by  some  gentlemen  outside  of  the  Convention,  that  the  State  will  perhaps 
necessarily  have  to  assume  the  claims  reported  by  the  commissioners  on 
claims;  and  if  that  proposition  is  to  come  before  the  Legislature,  and  it 
probably  may,  we  have  provided  that  the  indebtedness  shall  not  be  saddled 
upon  the  State  until  a  vote  of  two-thirds  of  the  Legislature  endorses  such 
a  proposition.  I  hope  members  of  the  Convention  will  give  some  expression 
upon  this  question.  I  think  it  is  an  important  one;  and  whatever  the  ma- 
jority see  fit,  we  will  adopt. 

Mr.  Blunt.  Mr.  Chairman,  I  will  offer  the  following  as  a  substitute  for 
that  section. 

[*115]  "Sec.  9.  No  debt  of  the  Territory  shall  -be  assumed  by  the 
State,  except  as  may  be  provided  by  law." 

That  leaves  the  matter,  in  case  our  indebtedness  is  not  assumed  by  the 
general  government,  so  that  the  Legislature  may  provide  for  the  payment 
of  these  debts  without  a  two-thirds  majority.  As  a  matter  of  course  our 
Legislature  will  have  to  meet  and  pass  laws  before  we  emerge  from  a  Terri- 
tory into  a  State,  and  I  think  the  substitute  will  meet  the  case. 

Mr.  Thacher.  Mr.  Chairman,  I  wish  to  submit  a  few  remarks  on  this 
question.  The  gentleman  from  Leavenworth  has  undoubtedly  expressed 
the  truth  with  regard  to  the  precedents  on  this  subject.  The  debts  of  the 
Territories  have  been  paid  by  Congress,  and  I  think  there  is  no  provision 
ever  found  in  a  Constitution  whereby  the  State  agrees  to  adopt  the  debt 
of  the  Territory,  it  being  naturally  devolved  upon  the  general  government 
I  think  we  should  be  still  more  careful.  The  bonds  are  drawn,  and  it  is  a 
debt  properly  vouched  for.  Now  suppose,  as  it  is  in  this  claim  matter 
which  has  come  before  us,  that  something  in  the  neighborhood  of  one 
hundred  thousand  dollars  of  drafts  have  been  made  upon  the  Territory  by 
the  auditor  and  passed  into  bonds,  they  are  as  complete  e\'idences  of  debt 
as  can  be  found.  If,  we  say,  all  debts  of  the  Territory  shall  be  assumed  by 
the  State,  why,  that  is  a  direct  assumption  of  this  indebtedness — and  how 
much  more,  there  are  perhaps  few  members  on  this  floor  who  know.  I  am 
of  the  opinion  we  should  do  the  people  great  violence  if  we  adopt  these 
debts.  Let  the  Legislature  pass  upon  them,  and  let  the  people  say  whether 
they  are  willing  to  pay  these  debts  or  not.  The  adoption  of  the  section  as 
it  now  stands  would  suit  me  exactly.  I  wish  the  State  of  Kansas  to  start 
without  owing  a  debt  in  the  world.  Whatever  debts  the  Territory  owes, 
they  belong  to  the  general  government  to  pay,  and  it  is  time  enough,  when 
the  general  government  refuses  to  pay  them,  to  think  about  assuming  them. 
I  trust  the  section  will  be  allowed  1o  stand  just  where  it  is.  We  know  it 
is  harder  to  get  through  the  Legislature  the  assumption  of  these  debts  by  a 
two-thirds  vote  than  by  a  bare  majority  vote.  No  gentleman  can  be 
ignorant  of  the  efforts  that  would  be  made  to  carry  through  this  business, 
and  hence  I  insist  that  we  should  not  adopt  a  provision  which  will  sink 
the  Convention  so  low  that  a  vote  of  twenty-five  thousand  people  will 
scarcely  resurrect  it.  The  people  will  vote  down  the  constitution  in  such 
an  event.  But  the  ninth  section,  as  it  now  stands,  will  carry  a  guarantee  to 
them  that  they  are  not  to  be  imposed  upon  in  this  matter.  Any  other  pro- 
vision is  an  assumption  of  these  claims,  and  will  make  the  people  of  the 
State  of  Kansas  regret  the  day  in  which  they  had  any  hand  in  its  con- 
struction.   I  hope  the  provision  will  be  allowed  to  stand  where  it  does  now. 

Mr.  Blunt.    I  would  like  to  know  whether  two-thirds  would  be  more 
honest  .than  a  majority? 

Mr.  McDowell.    You  might  buy  a  majority  easier  than  two-thirds. 


Friday,  July  15,  1859.  203 

Mr.  Blunt.  I  would  suggest  to  the  gentleman  (to  carry  out  the  idea 
that  he  is  afraid  corruption  might  be  worked  and  these  debts  be  saddled 
upon  us),  that  the  substitute  might  be  amended  by  inserting  "any  law 
which  the  Legislature  passes  must  be  submitted  to  the  people  for  their 
ratification." 

Mr.  Thacher,    That  will  suit  me. 

Mr.  Blunt.    I  will  so  amend  it  with  the  consent  of  the  Convention. 

Mr.  J.  Blood.  Mr.  Chairman,  I  was  somewhat  surprised  to  notice  that 
section  in  this  article.  It  seems  to  me  such  a  provision  is  unusual.  I  think 
no  new  State  has  ever  made  such  a  provision  in  any  constitution  which 
[*]  16]  has  ever  been  framed,  and  I  can  see  no  necessity  for  any  such  *pro- 
vision  in  this.  I  do  not  know  what  the  object  of  inserting  it  there  could 
have  been,  unless  it  might  have  been  to  repudiate  the  debts  of  the  Territory. 
If,  as  gentlemen  say,  they  are  to  be  paid  by  Congress,  there  is  no  necessity 
of  repudiating  them.  Then  there  is  no  distinction  made  for  any  purposes 
whatever.  We  are  contracting  a  debt  here  for  Vv^hich  scrip  will  be  issued, 
and  we  propose,  in  this  section,  to  repudiate  this  very  debt!  1  don't  know 
but  that  some  gentlemen  may  have  an  idea  of  raising  the  value  of  scrip. 

Mr.  Graham.  Mr.  Chairman,  as  the  case  of  these  claims  which  have 
recently  been  adjudicated  upon  has  been  introduced  here,  it  is  due  to  this 
body,  and  it  is  due  to  me  as  a  member  of  the  last  Legislature,  to  say  how 
that  law  came  into  existence.  It  is  due  to  this  body  that  I  should  state  the 
facts  connected  therewith,  and  what  has  occurred  since.  The  bill  provided 
for  the  appointment  of  three  commissioners — one  by  the  Council,  one  by  the 
House,  and  one  by  the  Governor,  and  that  their  action  should  be  final  and 
conclusive.  It  was  introduced  in  the  House  and  met  with  the  nearly 
unanimous  voice  of  that  body.  On  the  passage  of  that  bill  it  struck  my 
mind  that  such  definite  action  should  not  be  taken  by  the  three  men  who 
might  be  called  upon  to  decide  upon  these  claims;  and  that  a  safeguard 
should  be  thrown  around  them  for  the  sake  of  the  people.  I  got  up  as 
quick  as  I  could  and  proposed  an  amendment,  that  these  commissioners' 
decision  should  not  be  final,  but  that  the  Legislature  should  reqiiire  them 
to  report  their  proceedings  to  this  Convention,  for  the  purpose  of  sending 
to  the  government  of  the  United  States  the  amount  found  to  be  lost  or 
destroyed,  and  asking  them  to  pay  it;  and  that  at  a  subsequent  meeting 
of  the  Le2;islature  these  commissioners  should  report  the  facts — they  having 
no  power  to  adjudicate  finally  upon  the  claims.  There  being  no  opposition 
scarcely  to  the  passage  of  the  bill,  I  did  not  get  my  amendment  read  until 
it  got  bej'ond  the  second  reading,  and  then  I  was  ruled  out  of  order  by  the 
Speaker,  saying  that  it  could  not  be  amended  on  the  third  reading.  The 
bill  passed  with  only  three  dissenting  voices.  In  a  few  days  the  friends  of 
these  claimants  introduced  in  our  body  a  bill  providing  for  five  himdred 
thousand  dollars  of  these  debts  to  be  paid  by  bonds  of  the  State  payable 
in  1865,  with  interest.  This  began  to  alarm  the  body.  They  thought  that 
this  thing  was  carrying  the  matter  too  far — at  least  it  was  placing  in  the 
hands  of  a  few  men  too  much  discretion.  We  resisted  that  and  voted  it 
down.  The  former  bill,  however,  received  the  signature  of  the  Governor 
and  became  a  law.  The  Council  had  elected  their  man;  but  we  in  the 
House  came  to  the  conclusion,  in  order  to  defeat  the  veto,  not  to  elect  our 
man.  The  friends  of  our  claimants  introduced  an  amendment  to  the  bill, 
as  passed,  and  thus  a  law,  that  these  commissioners  should  have  no  more 
power  than  merely  to  ascertain  the  facts  and  report  to  this  body — their 
action  having  no  binding  force  upon  the  people  of  Kansas.  That  amend- 
ment passed  through  both  branches  of  the  Legislature,   but  so  anxious 


204  Convention  Proceedings  and  Debates. 

about  it  were  we  that  not  until  that  bill  received  the  signature  of  the 
Governor  (and  it  was  returned  to  us  about  11  o'clock  on  the  day  of  ad- 
journment) did  we  elect  our  man.  But  in  direct  violation  of  this  law — I 
charge  no  fraud  anywhere — it  appears  now  that  it  did  not  apply  to  the 
bill  creating  the  commissioners.  That  is  the  dodge  taken  by  the  Auditor, 
and  bonds  have  been  drawn  by  him  to  pay  these  adjudicated  claims,  and  he 
has  made  them  a  debt  absolutely.  Therefore,  under  these  circumstances, 
it  is  due  to  the  people  that  the  spirit  and  intention  of  the  law  should  be 
[*117]  respected;  and  I  think  it  is  carried  out  *in  this  section.  I  favor 
the  adoption  of  the  section  for  these  reasons. 

Mr.  Kingman.    Mr.  Chairman,  I  move  that  the  Committee  rise  and 
ask  leave  to  sit  again,  as  the  adjoining  time  has  come. 
The  motion  was  agreed  to. 

Accordingly  the  Committee  rose,  reported  progress,  and  asked  and  ob- 
tained leave  to  sit  again. 

The  President  then  adjourned  [the]  Convention  till  3  o'clock,  p.  m. 


AFTERNOON  SESSION. 

The  President's  hammer  called  the  Convention  to  order  at  3  o'clock. 

Mr.  FoRMAN.  Mr.  President,  I  move  to  suspend  the  rules  in  order  to 
allow  me  to  make  a  report  from  the  com>mittee  to  which  was  referred  the 
petitions  of  citizens  of  Southern  Nebraska. 

Mr.  Slough.  If  the  gentleman  will  withdraw  his  motion,  I  will  make 
one  that  will  give  him  an  opportunity  to  make  his  report  in  regular  order. 

Mr.  FoRMAN.    I  withdraw. 

Mr.  Slough.  Mr.  President,  I  am  informed  that  the  delegates  from 
Southern  Nebraska  are  anxious  to  return  home,  and  for  the  purpose  of  giv- 
ing them  an  opportunity  of  being  heard  upon  this  question,  and  in  view  of 
the  fact  that  it  will  be  almost  impossible  to  complete  the  report  we  had 
before  us  this  morning,  I  move  that  the  further  consideration  of  the 
schedule  be  postponed  until  Monday  next. 

Mr.  Thacher.     I  suggest  to-morrow  morning. 

Mr.  Slough.  There  is  a  blank  in  that  report  which  I  think  we  will 
have  some  difficulty  in  filling;  several  members  cannot  be  here  to-morrow; 
and  I  ask  as  a  matter  of  personal  favor  that  it  be  disposed  of  till  Monday. 

Mr.  J.  Blood.    I  favor  the  postponement  till  Monday. 

Mr.  Thacher.    I  withdraw  my  objection. 

The  motion  was  agreed  to. 

THE    northern    BOUNDARY. 

Mr.  FoRMAN.  Mr.  President,  in  behalf  of  the  committee  I  offer  the  fol- 
lowing report: 

"The  select  committee  of  thirteen  to  whom  was  referred  the  memorial 
of  certain  delegates  elected  by  the  citizens  of  that  part  of  Nebraska  Terri- 
tory South  of  the  Platte  River,  to  attend  this  Convention,  asking  that  the 
Platte  River  be  made  the  Northern  Boundary  of  the  State  of  Kansas,  beg 
leave  to  refer  the  same  back  to  the  Convention  without  recommendation. 

John  W.  Forman,  Chairman." 


Friday,  July  15,  1859.  205 

Mr.  Stinson.  I  move  that  the  Convention  go  into  committee  of  the 
whole  on  the  memorial. 

Mr.  J.  Blood.  I  believe  it  was  the  derision  of  the  Convention  to  make 
that  the  special  order  for  to-morrow  morning. 

Mr.  Slough.  Mr.  President,  I  move  to  reconsider  the  vote  by  which 
the  report  on  the  Preamble  and  Bill  of  Rights  was  made  the  order  for  to- 
morrow. 

Mr.  J.  Blood.  3ilr.  President,  I  can  see  no  necessity  for  taking  this 
question  this  afternoon,  and  would  much  prefer  it  would  lie  over  till  to- 
morrow morning. 

Mr.  Slough.  These  gentlemen,  as  I  have  suggested,  are  anxious  to  re- 
turn home,  and  I  think  it  better  to  reconsider,  so  as  to  give  them  an  oppor- 
tunity of  being  heard  this  afternoon. 

Mr.  J.  Blood.  I  have  no  particular  objections,  but  I  supposed  the  de- 
cision of  the  convention  was  satisfactory,  and  I  was  in  hopes  some  other 
reports  would  be  taken  up. 

Mr.  Thacher.  I  suppose  the  object  of  going  into  committee  of  the 
whole  is  merely  to  listen  to  these  gentlemen.  I  suggest  that  the  gentle- 
man modify  his  motion  so  as  to  take  up  the  report  of  the  committee  of 
thirteen. 

Mr.  Stinson.  I  would  ask  if  it  is  necessary  to  reconsider  the  vote,  to 
take  up  the  report? 

The  President.    The  Chair  suggests  that  it  would  be  well  to  keep  the 
reports  in  their  order,  together,  to  avoid  confusion. 
[*118]     *The  motion  to  reconsider  was  then  agreed  to. 

Mr.  Slough.  I  move  that  we  go  into  committee  of  the  whole  on  so 
much  of  the  Preamble  and  Bill  of  Rights  as  refers  to  the  Northern 
Boundary. 

The  motion  was  agreed  to. 

The  Convention  thereupon  resolved  itself  into  a  committee,  Mr.  Stinson 
in  the  Chair. 

Mr.  Thacher.  Mr.  Chairman,  I  move  that  the  gentlemen  represent- 
ing Southern  Nebraska  upon  this  floor  be  invited  to  speak. 

It  was  agreed  to. 

Mr.  Slough.  I  would  suggest  for  the  convenience  of  the  speaker  that 
the  gentleman  take  the  stand. 

The  Chairman.  The  gentleman  will  please  step  forward  to  the  stand 
or  near  it. 

Mr.  Reeves.  Mr.  Chairman,  permit  us  delegates  from  Southern  Ne- 
braska, through  you,  to  express  our  thanks  to  this  Convention  for  the 
courtesy  extended  toward  us.  We  regard  the  proposition  which  we  have 
come  here  to  lay  before  this  Convention  as  one  of  ]:)aramount  importance 
to  us,  and  we  have  the  vanity  to  think  that,  if  it  is  properly  understood, 
it  will  be  regarded  as  an  important  matter  in  Kansas  Territory.  We  ]>ro- 
pose  that  the  Convention  shall  define  the  boundaries  of  the  State  of  Kan- 
sas as  it  sees  fit;  and  then  insert  a  provision  that  the  northern  boundary 
shall  be  extended  to  Platte  River,  pro\'ided  that  Congress,  and  the  people 
of  Kansas  and  Nebraska,  included  within  the  boundary,  shall  assent. 

If  this  is  not  satisfactory,  let  the  Convention  define  the  boundaries,  and 
simply  memorialize   Congress  to  extend   the   boundary   to   Platte   River. 


206  Convention  Proceedings  and  Debates. 

Perhaps,  before  I  go  any  further,  it  would  be  well  that  I  should  state  what 
particular  subjects  we  have  in  view  to  lay  before  this  Convention.  We 
were  elected  by  the  people  of  the  Southern  portion  of  Nebraska,  acting  in 
their  own  sovereign  capacity,  and  sent  here  for  the  purpose  of  having  the 
subject  of  extending  the  Northern  boundary  of  Kansas  to  Platte  River 
gravely  considered  by  you.  We  did  not  come  here  with  a  view  of  making 
this  a  sine  qua  non,  or  as  a  condition  precedent  to  your  admission  into  the 
Union.  We  ask  nothing  of  this  kind.  What  we  ask  is,  that  the  matter 
may  he  fairly  laid  before  the  Convention,  and  through  it  fairly  laid  be- 
fore the  people  and  the  Congress  of  the  United  States,  believing  that  our 
cause  is  a  just  one  and  will  ultimately  prevail.  If  your  people  will  not 
consent,  and  Congress  shall  refuse  to  give  their  assent,  you  can  fall  back 
upon  your  original  boundaries,  and  we  don't  propose  to  throw  one  particle 
of  an  obstacle  in  the  way  of  your  coming  into  the  Union  with  your  present 
boundaries. 

It  is  necessary,  perhaps,  before  entering  particularly  upon  this  subject 
that  I  should  give  some  of  the  reasons  which  have  influenced  us  in  thus 
coming  to  you  and  asking  you  to  extend  your  jurisdiction  over  our  country. 
First,  I  would  say  thaf  we  are  a  common  people,  sprung  from  a  common 
ancestry,  descendants  of  the  same  fathers  of  1776,  knowmg  how  to  appre- 
ciate their  rights  and  desirous  of  placing  themselves  in  such  a  position  that 
they  may  exercise  them.  We  have  too,  w'th  yon,  common  Interests  and 
common  sympathies.  We  have  ever  sympathized  with  you  in  your  struggle 
for  freedom,  and  when  aid  could  reach  you  through  no  other  quarter  a 
passage  was  found  through  the  very  country  which  I  in  part  represent  to 
bring  men,  munitions  of  war  and  provisions  for  the  aid  of  this  people.  We 
have  a  common  interest,  for  we  are  upon  the  same  great  Une  of  travel.  A 
large  portion  of  the  eastern  travel  striking  westward  and  to  the  gold 
mines  goes  through  your  Territory,  and  another  through  our  Territory, 
but  all  concentrating  in  this  section  of  country  which  we  propose  to  eive 
[*119]  to  you;  and  which,  if  secured  to  you,  would  *unite  the  whole 
western  travel  within  your  own  borders. 

Another  consideration  which  induces  us  to  ask  for  this  change  in  our 
jurisdiction  is,  that  the  Platte  river  is  the  natural  northern  boundary  of 
Kansas,  while  our  present  boundary  is  only  an  imaginary  one.  It  is  a 
wild,  turbulent  and  almost  impassable  stream;  it  is  not  navigable  even 
for  flatboats.  And  as  evidence  of  which  I  will  just  state,  that  an  hour  or 
two  ago  I  noticed  a  statement  in  a  letter  written  from  Denver  City,  which 
says,  that  many  emigrants  have  attempted  to  return  in  boats,  and  that 
it  is  doubtful  whether  their  descent  will  be  safe.  Such  is  the  character  of 
the  stream  that,  though  a  ferry  may  be  running  across  at  this  place  this 
evening,  it  may  be  found  utterly  impracticable  to  cross  to-morrow.  Mem- 
bers elected  to  the  Legislature  from  our  section  cross  the  Missouri  river,  go 
up  through  the  State  of  Iowa,  and  recross  the  Missouri,  to  get  to  the 
capital. 

But  the  trouble  is  not  found  wholly  in  the  fact  that  the  Platte  river  is  so 
impassable  a  stream.  There  has  been  a  fruitful  source  of  strife,  of  sectional 
feelings,  which  has  kept  the  Territory  in  continual  ferment  from  the  day 
of  its  ororanization  down  to  the  present  time.  Our  capital  was  located  by 
force  and  violence  north  of  Platte  river.  The  people  have  twice  voted  to 
remove  it,  and  twice  have  been  foiled  in  the  act.  I  was  present  at  one  time 
and  saw  this  thing:  the  crowd  broke  across  the  bar,  took  the  speaker  from 
the  stand  by  violence  and  thrust  him  under  the  table,  and  notliing  restored 
order  but  the  intervention  of  the  Governor  with  the  military.    Then,  in 


Friday,  July  15,  1859.  207 

self-defence,  and  out  of  respect  to  themselves,  the  Legislature  adjourned 
to  the  adjoining  town  of  Florence,  where  they  finished  up  their  legislation 
and  delivered  it  to  the  Secretary  of  the  Territory,  who  took  it  and  locked 
it  up  in  his  safe — and  there  it  remains,  for  aught  1  know,  to  this  day.  We 
refused  to  publish  it,  and  utterly  refused  to  pay  members  from  Omaha. 
Thus,  gentlemen,  you  may  perhaps  perceive  that  while  you  have  had  war, 
we  have  not  been  quite  at  peace. 

Another  reason  why  we  urge  this  boundary  upon  you  is  in  the  considera- 
tion that  the  40th  degree  of  north  latitude  is  an  imaginary  line,  which 
is  inconvenient,  facilitates  escapes,  and  causes  to  arise  questions  of  jurisdic- 
tion. If  I  commit  an  offence  against  law,  all  I  have  to  do  is  to  step  across 
the  line  and  I  am  safe  till  you  get  a  requisition  from  the  Governor — thus 
facilitating  escapes  upon  all  hands ;  while,  if  the  boundary  line  extended  to 
Platte  river,  that  river  is  almost  totally  impassable  and  would  be  an 
effectual  barrier  to  all  that. 

Another  cause  of  complaint  with  us  is  this:  they  having  the  seat  of 
government  at  their  point,  of  course  have  all  the  Federal  appointees,  such 
as  the  Governor  and  Secretary,  who  have  the  disbursement  of  the  public 
moneys.  There  has  been  appropriated  by  Congress  for  works  of  internal 
improvements  one  hundred  and  fifty  thousand  dollars;  and  the  records 
will  prove  what  I  here  assert,  that  every  single  dime  has  been  laid  out 
north  of  the  Platte  river.  Not  one  dime  has  ever  found  its  way  south  of 
the  Platte.  The  money  which  was  appropriated  for  the  construction  of 
the  Capitol,  was  squandered;  and  the  appropriation  for  military  roads  was 
every  dollar  expended  north  of  the  Platte  river.  They  tax  us  to  make 
their  own  improvements.  They  send  us  Judges  who  do  not  hold  our 
courts — and  Secretaries  who  treat  the  Legislature  as  a  guardian  would 
treat  his  wards. 

And  in  addition  to  this,  the  general  government,  in  its  protecting  care 
and  kindness  to  us,  has  seen  fit  to  send  us  judges — men  who,  if  worthy 
the  title,  at  least  have  forfeited  it  by  the  conduct  which  they  have  mani- 
fested towards  us.  One  thing  is  certain,  they  have  grossly  neglected  the 
duties  of  their  office.  We  have  had  but  one  court  in  the  most  populous 
county  in  the  Platte  river  country  for  two  years,  and  there  are  four 
[*120]  hundred  cases  on  the  docket.  Our  *Judge  is  now  away  on  a 
visit  in  Ohio;  court  is  held  the  first  Monday  in  August,  but  whether  he 
will  be  there  or  not  is  more  that  I  can  tell.  Our  country  is  put  to  just  as 
much  expense  as  though  the  business  of  court  was  correctly  transacted. 
Can  it  be  wondered  at  then,  that  we  should  have  got  a  little  tired  of  fed- 
eral intervention? 

We  desire  to  participate  in  the  benefits  of  railroad  grants,  and  to  unite 
our  destiny  with  a  wealthy,  populous,  energetic  people,  with  the  view  of 
lessening  the  burdens  of  taxation,  and  augmenting  our  influence  in  the 
national  councils. 

Again,  by  a  decision  of  the  Department  at  Washington,  it  has  been  de- 
termined that  no  Territory  can  use  school  lands  that  are  reserved  for 
the  use  of  States  that  may  be  formed  out  of  it.  We  have  sued,  through 
our  delegate  in  Congress,  to  have  this  land  set  over  for  our  use,  that  we 
mieht  make  use  of  the  interest  procured  from  its  sales.  We  have  iDcen 
answered  that  we  cannot  have  control  of  this  money  until  we  come  into  the 
Union  as  an  independent  State.  This  is  another  argument  that  operates 
alike  upon  us  and  upon  you.  We  have  much  good  land  which  has  been 
donated,  by  the  government  for  the  purposes  of  education;  but  we  cannot 
use  it  \mtil  we  are  admitted  into  the  Union.    If  there  is  any  people  under 


208  CoxvEXTiON  Proceedings  and  Debates. 

the  sun  who  do  need  their  funds  for  common  school  purposes,  it  is  the  early 
settlers  of  a  country.  We  desire  to  secure  this  blessing  by  annexation  with 
you. 

Now  having  stated  to  you  some  reasons  which  have  influenced  us  in  this 
action,  and  they  are  but  a  few  out  of  many,  I  will  go  on  to  state  a  tew  of 
many  reasons  which  I  think  ought  to  influence  the  people  of  Kansas  in 
favor  of  this  project. 

It  will  add  more  fertile  tillable  land,  add  population,  wealth,  influence 
and  distinction,  and  lessen  taxation. 

It  will  open  a  communication  through  free  territory  with  all  the  eastern 
cities. 

It  will  make  Kansas  a  first  class  State — which  she  cannot  be  without  it. 

It  will  weaken  the  competition  of  Omaha  and  Council  Bluffs  for  the  line 
of  the  Great  Pacific  Railroad. 

You  will  observe,  on  the  map  of  Kansas,  that  she  has  a  very  limited 
river  front.  By  looking  a  little  farther  you  will  discover  that  by  the 
annexation  of  this  small  territory,  you  will  fully,  perhaps  more  than 
double  your  river  front;  and  it  is  a  well  established  fact  that  both  in  this 
Territory,  and  in  the  Territory  of  Nebraska,  the  aggregation  of  wealth  and 
of  population  will,  perhaps  for  years  to  come,  be  found  upon  its  river 
front.  Then,  in  addition  to  this  fact,  the  river  front  is  the  richest  portion 
of  country  we  offer  to  you.  Ihe  soil  of  thot  country  is  unsurpassed  by  any- 
thing that  you  have  in  Kansas. 

Perhaps  it  would  be  well  for  me  to  give  a  brief  description  of  that  section 
of  country.  Commencing  on  the  40th  parallel  of  northern  latitude,  where 
the  same  intersects  the  Missouri  river,  and  running  up  three  mi'es,  we 
come  to  the  mouth  of  the  Great  Nemaha  river,  a  clear,  running,  wi'.d  and 
very  narrow  mill-stream,  which,  as  you  go  up,  branches  out  and  traverses 
the  whole  country  embraced  by  three  or  four  counties,  fed  by  springs  and 
beautifully  divided  up  between  timber  and  prairie,  and  a  country  which 
is  now  fast  settling.  Go  up  the  river  some  eight  or  ten  miles  and  you  come 
to  the  little  Nemaha,  a  stream  amply  sufficient  to  drive  mills  and  machinery. 
Go  up  a  little  higher,  and  j-ou  come  to  Camp  Creek,  another  stream, 
upon  which  mills  are  already  built.  Go  up  higher  and  you  come  to 
Nebraska  City,  which  is  situated  at  the  mouth  of  Roble  creek,  and  a  very 
handsome  settlement.  Up  the  Missouri  river  eight  miles,  and  near  the- 
line  which  divides  Otis  and  Clay  counties,  enters  the  beautiful  Weeping 
[■•121]  Water.  This  is  one  of  the  lariest  *class  of  mill-streams,  and  enters 
into  the  Missouri  at  the  village  of  Wioma.  Rock  and  timber,  with  good 
spring  water  and  rich  soil,  are  abundant.  Farther  up  is  Rock  creek,  an- 
other beautiful  stream.  Coming  to  the  mouth  of  the  Platte,  and  rimning 
up  that  you  come  to  Eight-mile  creek.  Running  up  thirty  mi^es  further, 
having  crossed  several  small  streams,  you  come  to  Salt  creek  or  Saline 
river,  entering  into  the  Platte  river  from  the  South,  and  heading  at  or 
near  the  Kansas  line.  This  is  a  beautiful  stream  which  derives  its  name 
from  the  fact  that  salt  springs  are  numerous  along  its  banks — so  much  so 
that  the  water  is  strongly  impregnated  with  salt.  We  next  come  to  Elm 
creek.  Go  westward  across  the  country  to  102d  or  103d  decree  and  your 
line  will  cross  the  Republican  and  Great  Fork  of  your  own  beautiful  Kan- 
sas river.  As  you  follow  it  up  one  hundred  mi^es  west,  the  Missouri  river 
crosses  the  line  and  keeps  on  the  north  side  of  it  for  the  distance  of  six 
mi'ps  due  west.  These  are  some  of  the  streams  and  from  them  you  can 
perhaps  form  some  faint  idea  of  the  topographical  beauty  of  that  country. 
It  is  proper  to  observe  that  nearly  every  portion  of  this  country  has  the 
best  quality  of  lime.stone  building  rock. 


Friday,  .k  lv  15,  LS59.  200 

We  projjose  to  give  you  seventy  miles  river  front — west  indefinitely — 
say  200  miles  west ;  which  would  include  14,000  square  miles,  and  a  poi)u- 
lation  of  15  to  20,000  industrious,  energetic,  liberty-loving  people,  who 
have  subdued  the  prairie,  erected  manufactories,  built  towns  and  churches, 
established  schools,  and  made  the  desert  place  to  smile  and  the  wilderness 
to  blossom  as  the  rose. 

This,  and  all  that  we  have  and  are,  physically,  socially,  morally  and 
politically,  we  present  to  you.  We  lay  the  boon  at  your  feet  and  ask  you 
to  receive  it  in  consideration  of — what?  in  consideration  of  permitting  us 
to  unite  our  destiny  with  yours,  for  weal  and  for  woe,  that  we  may,  in 
common  with  you,  enjoy  the  rights  of  American  citizens. 

Coal  has  been  found  on  fhe  half-breed  reserve,  in  Douglas  and  Johnson 
counties,  and  on  Salt  creek  veins  have  been  found  five  feet  in  thickness. 
Then  again  there  are  perhaps  the  very  best  facilities  for  the  manufacture 
of  salt  in  that  redon  of  country  that  can  be  found  in  the  West.  There 
are  salt  springs  there  between  Lancaster  and  Crystal,  that  are  said  to  vie 
in  every  particular  with  those  of  Syracuse  in  the  State  of  New  York. 
These  waters  have  been  analyzed  and  tested,  and  have  proved  to  be  equally 
as  good  as  any.  These  springs  are  numerous  and  may  also  be  found  on  the 
head  of  the  little  Nemaha.  The  most  prominent  of  these  springs  are  called 
Crystal,  Lancaster,  Syracuse  and  Salt  springs.  These  afford  water  in  in- 
exhaustible quantities.  The  whole  country  roundabout  is  encrusted  with 
salt,  even  it  seems  as  though  the  very  grass  was  encrusted  by  it  around 
there  for  the  di.stance  of  one-fourth  or  half  a  mile.  Hence  I  misht  adduce 
an  argument  in  favor  of  annexation  upon  this  alone.  It  is  expected  of  the 
General  Government  to  give  to  every  new  State  some  dozen  salt  springs 
with  a  half  dozen  sections  of  land.  I  mention  this  that  you  may  draw 
your  own  deductions.    We  cannot  go  into  details. 

Another  reason  why  Kansas  ought  to  be  in  favor  of  annexation  is, 
that  it  will  secure  to  her  already  large  number  of  inhabitants  an  addition 
of  fifteen  or  twenty  thousand  industrious,  energetic  and  liberty-loving  citi- 
zens— men  who  know  their  rights,  and  knowing  dare  maintain  them;  who 
appreciate  the  blessings  of  liberty  and  desire  to  enjoy  them;  who  have 
gathered  a  little  of  this  world's  goods  around  them,  and  would  be  willing 
to  assist  in  defraying  the  expenses  of  government.  We  have  not  asked 
that  you  should  admit  us  to  help  yovi  frame  the  government — if  you  can 
live  rndcr  it,  we  can  join  in  with  you.  We  propose  to  surrender  up  this 
[*122]  section  of  country  with  seventy-two  miles*  river  front  from  north 
to  south  by  forty-five  miles  back.  We  propose  to  surrender  up  this 
country,  with  our  towns,  farms,  people,  wealth,  and  say  to  you,  "Take  this, 
and  extend  your  jurisdiction  over  it."  In  short,  we  propose  to  surrender 
to  you  all  that  we  have  and  are,  physically,  morally,  socially  and  politically 
— and  what  do  we  ask  for  it?  We  ask  simply  that  we  may  be  permitted 
to  step  upon  the  threshold  as  independent  citizens  of  the  Union,  who  exer- 
cise their  rights  as  American  freemen. 

Can  it  be  possible  we  will  be  any  disadvantage  to  you?  Methinks  I 
hear  some  one  say,  "I  don't  know  about  that.  I  am  afraid  your  politics 
ain't  exactly  right."  I  don't  know,  I  honestly  declare,  what  is  the  poUti^s 
of  that  section  of  country.  It  has  been  said,  that  it  was  bad  policy  to  send 
Democrats  here  to  represent  that  people.  I  am  a  Democrat,  and  the 
people  of  that  section  of  country  have  seen  fit  to  send  me  here  to  lay 
this  matter  before  you.  They  have  also  seen  fit  to  send  me  to  the  Legis- 
lature twice,  and  in  opposition  to  regular  Democratic  nominees.  I  profess 
to  be  one  of  the  old  Jackson  kind  of  Democrats;  and  as  such  I  believe 
the  people  ought  to  rule;  and  I  would  not  ask  you  to  do  anything  that 

14 — 778 


210  Convention  Proceedings  and  Debates. 

would  place  this  question  out  of  the  hands  of  the  people.  But  adverting 
to  politics,  I  said,  I  did  not  know  the  politics  of  that  section — and  truth- 
fully _  I  say  this,  because  parties  never  have  been  organized — the  only 
questions  have  been  sectional  exclusively.  I  can  give  a  history  of  this. 
At  the  first  election  Bird  B.  Chapman  was  opposed  by  Giddings,  who  was 
elected.  Chapman  was  again  opposed  by  Hiram  B.  Bennett,  and  was 
elected  to  Congress;  but  when  the  matter  came  up  before  the  House  of 
Representatives,  they  decided  that  Chapman  ought  to  have  the  seat.  If 
any  gentleman  recollects  the  history  of  this  transaction,  he  will  recollect 
that  Bennett  received  a  majority,  but  was  declared  not  entitled  to  hold 
h's  seat  in  consequence  of  some  informality  in  making  the  returns.  At 
the  third  election  Judge  Ferguson  was  elected  by  the  people  from  the 
south  portion  of  the  Territory  in  connection  with  the  countv  v.'hi^h  lies 
at  the  mouth  of  the  Platte  river,  in  order  to  break  down  the  power  at 
Omaha,  irrespective  of  party.  There  is  at  Omaha  a  clique  of  men  who 
call  themselves  the  Democratic  Central  Committee,  and  another  calling 
themselves  the  Republican  Central  Committee,  and  both  have  called 
Conventions  for  the  purpose  of  nominating  candidates  for  Congress.  I 
believe  the  whole  matter  will  be  a  perfect  fizzle.  Politics  will  be  lost  sight 
of  in  this  local  question  again;  and  such  must  continue  to  be  its  history 
until  this  matter  is  settled.  Never  but  one  attemnt  wns  made  to  or- 
ganize the  Democratic  party,  and  that  was  at  this  last  election.  A  por- 
tion of  the  Democracy  urged  on  by  office-holders — we  have  a  General 
Land  Office  there — and  these  men.  who  receive  their  authority  from  the 
General  Government,  being  interested  in  putting  forward  Democracy,  as 
they  call  it,  called  a  Convention  before  the  last  election,  and  got  out  a 
set  of  candidates.  The  united  opposition  called  a  mass  meeting  and  made 
unanimous  nominations  for  the  offices,  composed  of  men  independent  of 
party,  a  maiority  of  whom  were  Republicans,  and  took  the  field  in  opposi- 
tion to  the  Democratic  nominees  and  beat  them.  There  is  not  a  corporal's 
guard  of  Administration  Democrats  south  of  the  Platte  river.  As  to  the 
complexion  of  our  last  Legislature,  it  wn?  decidedlv  Republican  and  elected 
a  Republican  Speaker  of  the  House — this  same  Bennett,  who  was  once  a 
candidate  for  Congress. 

fentlemen,  it  is  perhaps  necessary  now  (for  1  must  be  brief)  that  I 
should  notice  some  of  the  obiections  urged  asainst  this  movement.  And, 
first,  it  has  been  urged  that  to  take  this  section  of  country  into  the  State 
of  Kansas  would  make  the  State  too  large.  Kansas  is  only  in  round 
numbers  two  hundred  and  ten  miles  from  north  to  south.  To  extend 
west  two  hundred  and  fifty  miles  would  make  fifty-two  thousand  square 
mi'ps.  We  propose  to  add  fourteen  thousand  square  miles;  and  then  if 
[*123]  *you  go  west  two  hundred  mi'es,  it  would  be  making  sixty-six 
thousand  square  miles  as  the  size  of  the  State,  which  is  not  unusually 
large.  Minnesota  has  one  hundred  and  forty-one  thousand;  California  has 
one  hundred  and  eighty-eight  thousand;  and  Oregon  has  one  himdred  and 
seventy  thousand.  It  will  be  but  four  degrees  in  length,  and  just  as  long 
as  the  State  of  Missouri.  If  you  add  this  section  of  country  it  would  be 
adding  just  one  degree  of  north  latitude  to  the  mouth  of  the  Platte  River. 
This  will  make  Kansas  north  and  south  precisely  that  of  the  State  of 
Missouri — there  will  not  be  two  miles  difference.  Upon  the  west  you  have 
an  open  boundary — it  is  indifToreut  to  me  whether  you  run  to  the  Rocky 
Mountains,  or  only  two  hundred  miles.  You  may  take  this  se^^tion  of 
coimtry  and  go  back  two  hundred  miVs,  and  be  no  larger  than  the  State  of 
Missouri,  and  not  so  large  as  Minnesota,  California,  and  perhaps  Wisconsin. 


Friday,  July  15,  1859.  211 

I  have  heard  it  urged  that  Nebraska  was  in  debt,  and  you  would  have 
to  help  pay  a  portion  of  her  debt.  I  assure  you  this  is  all  gammon.  Ne- 
braska never  has  created  a  debt  of  any  consequence.  What  have  they 
done  to  create  a  debt?  I  know  of  nothing  but  the  building  of  a  bridge. 
Th'S  is  the  only  work  of  internal  improvement  that  I  know  the  Territory 
to  have  been  guilty  of.  I  assure  you,  a  late  report  of  the  Auditor  showed 
that  Territory  in  debt  only  seventeen  thousand  dollars.  At  the  last  session 
of  the  Legislature  they  passed  a  new  and  very  stringent  revenue  law,  and 
it  is  believed  the  Territory  will  not  be  in  debt  one  cent.  On  the  other 
hand,  we  are  told  Kansas  is  in  debt,  but  we  care  not;  we  know  here  is  a 
country  which  will  be  populous  and  wealthy,  and  the  consideration  of  hav- 
ing to  pay  a  few  thousand  dollars  of  debt,  weighs  not  one  particle.  We 
don't  ask  you  to  help  pay  our  debts. 

Again,  I  have  heard  it  objected  that  the  annexation  of  Southern  Ne- 
braska may  prevent  the  admission  of  Kansas  at  the  next  session  of  Con- 
gress. Now,  gentlemen,  let  us  look  at  th's  matter  and  see  if  it  is  possible. 
We  propose  that  you  shall  memorialize  Congress,  that  in  the  act  for  the 
admission  of  Kansas  they  v.ill  extend  her  boundaries  so  as  to  include  that 
Territory.  Suppose  Congress  fails  to  do  this;  she  can  admit  you  without. 
We  don't  seek  to  make  this  a  condition  precedent.  We  ask  you,  if  you 
think  it  necessary,  to  refer  this  matter  to  a  vote  of  the  people,  and  if  the 
people  decide  in  favor  of  this  project,  send  up  the  Memorial  to  Congress 
and  ask  it  of  them.  If  the  people  don't  assent,  keep  your  Memorial  at 
home.  If  they  do  assent  and  Congress  refuses,  come  into  the  Union  with 
your  old  boundaries.  What  harm  can  it  do  you?  It  gives  us  a  chance; 
and  that  is  what  we  seek  for.  I  am  fully  of  opinion  that  if  this  provision 
was  engrafted  in  your  Constitution;  if  you  declared  that  your  boundaries 
should  be  thus  and  so,  including  the  Platte  River  as  one  boundary  (which 
would  give  you  more  population,  and  thus  bring  you  within  the  require- 
ments of  the  English  bill)  Congress  would  assent  almost  without  a  dis- 
senting voice.  Congress  is  getting  tired  of  agitation,  and  they  would  be 
glad  to  receive  Kansas  upon  any  fair  terms.  The  Kansas  policy  of  the 
Administration  has  almost  run  the  Democratic  party  out,  and  the  Re- 
publican party,  having  effected  all  they  desired,  would  feel  themselves  in 
duty  bound  to  vote  for  her  adm'ssion.  I  say,  gentlemen.  I  am  fully  of  the 
beUef,  that  if  this  measure  was  incorporated — as  the  State  of  Iowa  in- 
corporated a  provision  that  she  would  go  to  the  Missouri  River  or  not  at 
aU — I  believe  Congress  would  admit  you.  We  don't  ask  you  to  take  this 
ground,  but  we  believe  the  boon  is  worth  the  trial. 

You  will  recollect  it  is  said,  we  have  no  precedent  for  this.  I  point  you 
to  the  State  of  Iowa.  The  State  of  Iowa  as  first  organized  was  bounded 
by  a  line  running  a  little  west  of  the  capital — Fort  Des  Moines.  The 
peonle  declared  her  boundaries  should  extend  to  the  Missouri  Ri\er.  Con- 
[*124]  gress  sent  it  back,  declar*ing  they  had  claimed  too  much  terri- 
tory. The  people  decided  they  would  ?o  there  or  not  at  all,  and  sent  it 
back  with  the  same  boundary;  and  Congress  receded.  Thus  I  have  no 
kind  of  doubt  but  that,  if  you  would  place  this  in  your  Constitution,  Con- 
gress would  admit  you.  But,  as  I  said  before,  we  don't  seek  to  en'^umber 
you.  We  ask  you  to  refer  the  matter  to  your  own  people,  and  if  they  and 
Congress  are  willing,  what  harm  can  it  do?  It  does  seem  to  me,  gentle- 
men, you  should  look  at  this  subject  calmly  and  dispassionately,  in  the 
hght  of  statesmanship,  legislating  as  you  are  for  future  generations. 

But  suppose  it  was  conceded  that  the  Southern  portion  of  Nebraska 
was  Democratic;    can  any  one  of  you  by  any  prophetic  ken  tell  what 


212  CoxvENTiox  Proceedixgs  and  Debates. 

politics  it  will  have  five  years  hence?  Can  you  tell,  even,  what  will  be  the 
issues,  and  what  the  parties  in  existence  then?  If  you  can,  you  are  a 
better  statesman  and  politician  than  I  am.  and  I  have  been  pajing  atten- 
tion to  these  matters  for  twenty  years  past.  I  think  it  becomes  you  to 
give  this  matter  a  careful  and  statesmanlike  consideration.  A  boon  is 
within  your  reach:  all  that  we  have  and  are  we  lay  at  your  feet  and  ask 
you  to  take  it  up,  simply  in  consideration  that  we  shall  enjoy  the  same 
privileges  you  enjoy.  • 

Some  gentlemen  believe  they  can  take  this  question  up  some  other 
time.  I  have  heard  the  question  of  the  Platte  purchase  alluded  to:  but 
that  is  far  from  being  a  parallel  case.  It  was  attached  to  the  State  of 
A.issouri  after  it  had  been  organized  some  ten  or  fifteen  j'ears,  when  it 
was  a  wild,  unknown  territory,  containing  no  people  to  act  for  themselves. 
Here  the  case  is  different.  We  have  fifteen  or  twenty  thousand  people. 
After  we  have  done  our  duty  in  this  regard,  if  the  Convention  in  Kansas 
refuse  to  do  anything  to  help  us  out  of  our  predicament,  we  shall  think 
that  they  have  no  sympathy  with  us;  our  people  may  refuse  afterward  to 
co-operate  with  you,  and  the  golden  opportunity  having  slipped  by  you 
once,  it  may  be  gone  forever.  Besides  the  influence  of  emigration,  no  man 
can  tell  what  it  will  bring  about  five  years  hence.  When  you  may  be  ready 
there  is  no  man  can  tell  by  what  influences  these  people  may  be  sur- 
rounded. It  does  seem  to  me,  in  the  language  of  the  preacher,  that  "now 
is  the  accepted  time  and  now  is  the  day  of  salvation."  We  feel  that  this 
is  the  day  of  salvation  for  us.  We  feel,  over  a  large  extent  of  country  that 
our  liberties  are  to  be  ground  down  by  the  heel  of  oppression  worse  than 
they  have  been,  because  we  know  this  population  will  increase  much  more 
rapidly  than  ours.  We  have  been  able  to  make  a  good  fight  so  far,  but 
have  not  much  hope  for  the  future. 

Gentlemen,  we  do  hope  your  action  will  be  such  that  we  will  not  have 
to  go  back  and  tell  our  constituents  that  the  people  of  Kansas  think  them- 
selves as  wealthy,  prosperous  and  populous  as  she  wants  to  be;  that  our 
friendship  and  sympathy  has  been  in  vain;  that  we  have  offered  to  come 
under  the  jurisdiction  of  that  liberty-loving  people,  and  they  have  spurned 
us;  that  Kansas  has  voluntarily  refused  to  extend  her  jurisdiction  over 
as  fair  a  land  as  the  sun  ever  shone  on,  and  over  a  people  anxious  as  them- 
selves to  enjo}'  the  rights  of  freemen.  It  is  dependent  upon  your  action, 
gentlemen. 

And  now  let  me  ask  these  delegates  what  they  will  say  to  their  con- 
stituents. You  will  say  to  them,  "We  might  have  extended  our  jurisdiction 
seventy  odd  miles  north,  over  a  fertile  country,  containing  over  twenty 
thousand  inhabitants,  who  have  built  churches,  schoolhouses  and  mills, 
and  who  desire  to  enjoy  the  institutions  and  immunities  of  American  citi- 
zens, but — but — but — but — but  what?"  say  your  constituents:  "We  were 
afraid  they  would  not  vote  right ! "  Is  this  the  story  you  desire  to  tell  your 
constituents?  If  so,  I  predict  the  reckoning  will  be  made  with  man}''  of  you 
before  ten  years  shall  roll  round.  I  think  1  see  a  disposition  on  the  part  of 
[-125]  this  intelligent  Convention  to  *give  us  a  fair  chance,  by  referring 
this  matter  to  the  people  or  to  Concress.  Congress  made  a  great  mistake, 
but  that  can  now  be  remedied.  Let  it  not  now  be  said  that  this  intelligent 
Convention,  acting  for  the  people,  have  made  a  greater  mistake — which 
may  be  irremediable.  The  golden  opportunity,  once  lost,  may  never  occur 
again. 

Mr.  Taylor.  Mr.  Chairman-  permit  me  to  return  to  the  learned  and 
honorable   President   of  this  honorable  body   my  sincere  thanks   for  the 


Friday,  July  15,  1859.  213 

courteous  and  kind  reception  which  has  been  given  the  delegation  from 
southern  Nebraska.  And  permit  me  to  return  to  this  Convention  my 
thanks  for  the  distinguished  consideration  they  have  shown  the  people  I 
have  the  honor  and  pleasure,  in  part,  to  represent  on  this  occasion.  It  is 
to  be  hoped  that  the  acquaintance  which  we  have  formed  here  may  im- 
prove as  time  shall  roll  on. 

We  of  the  Territories  of  Kansas  and  southern  Nebraska  are  one  people, 
because  we  have  a  common  ancestry.  We  are  one  people  in  feeling,  in 
interest,  and  in  sympathy.  We  came  here,  on  behalf  of  the  people  of 
southern  Nebraska,  to  offer  an  inheritance  to  the  people  of  Kansas;  and 
all  the  people  of  Kansas  have  to  do  upon  this  occasion  is  for  the  members 
of  this  Convention  to  say  that  they  will  accept  of  that  rich  inheritance. 
Where  in  the  history  of  the  world  can  you  find  a  parallel  to  this?  Go 
search  the  musty  records  of  the  history  of  ancient  times,  and  you  cannot 
find  a  single  parallel  to  the  case  that  is  presented  here  to-day.  A  people 
organized  under  different  jrovernments,  and  of  contiguous  territory,  com- 
ing forward  and  voluntarily  proposing  to  unite  with  this  people,  and  yet 
we  are  told  the  question  is  one  which  requires  consideration. 

Why  is  it  that  the  people  of  southern  Nebraska  desire  to  unite  with  the 
people  of  Kansas?  Their  territorial  governments  were  created  by  virtue 
of  the  same  act;  but  the  power  that  ruled  the  nation  at  that  time  had 
something  else  in  view  than  the  good  of  the  people  who  inhabited  the 
territories  created  by  this  act;  and  hence  an  imaginary  line  was  made 
between  the  territories  on  the  40th  degree  of  north  latitude,  an  artificial 
fine,  a  line  south  of  the  line  dividing  the  free  State  of  Iowa  and  the  slave 
State  of  Missouri,  a  line  which  made  the  territory  of  Kansas  less,  from 
its  extreme  southern  to  its  northern  boundary,  than  the  slave  State  of 
Missouri.  Why  was  it?  Why  was  it?  There  can  be  but  one  answer,  and 
an  ingenious  mind  is  bothered  to  find  but  one.  The  object  was  by  legisla- 
tion, and  acts  which  would  be  brought  into  requisition,  to  make  a  slave 
State  of  Kansas;  but  they  have  failed  in  their  undertaking.  And  what 
has  this  fine  done?  It  has  not  only  created  discord  in  Nebraska,  but  has 
tended  to  brine  about  the  ci^•il  wars  you  have  had  in  this  country.  That 
Kansas-Nebraska  bill  had  a  stump  speech  inserted  into  it  for  the  purpose 
of  pacifying  the  mind — the  clause  that  the  people  have  the  right  to  regu- 
late their  own  domestic  institutions — but  the  government  that  asserted 
the  libel  retained  the  power  to  appoint  the  Governor  and  Judses,  gi\-ing 
the  Governor  as  much  power  as  a  majority  of  the  Legislature.  How  could 
a  majority  of  the  people  regulate  their  own  institutions  by  the  will  of  the 
majority,  when  they  have  placed  over  them  a  Governor  who  is  a  repre- 
sentative of  the  Administration,  and  Judges  who  are  representatives  of 
the  power  at  Washington.  The  one  having  the  veto  power  upon  the 
Legislature,  and  the  others  adjudicating  upon  its  acts.  They  could  not  do 
it,  and  the  declaration  in  the  organic  act  was  false.  But  what  has  this 
line  done?  It  has  distracted  both  territories,  and  our  people  have  sorely 
felt  the  effect  of  this  artificial  line. 

Our  people  feel  the  necessity  of  a  State  government,  and  desire  to  put 
a  stop  to  federal  intervention.  Federal  intervention  has  amounted  to 
actual  war  in  our  country;  it  has  been  a  struggle  between  the  people  and 
the  government  at  Washington,  to  see  who  shall  control  and  regulate  the 
domestic  institutions  of  the  territory  of  Nebraska.  Our  people  are  an  in- 
[*126]  *telligent  people,  and  they  feel  the  necessity  of  an  early  State 
government,  because  they  have  a  desire  to  control  the  school  fund  for  the 
education  of  their  children.     Our  people  are  impressed  that  wealth  and 


214  Convention  Proceedings  and  Debates. 

emigration  alike  prefer  the  stability  of  a  State  government  to  the  chances 
and  changes  of  such  a  territorial  government  as  we  have  now  in  Kansas 
and  Nebraska.  There  is  a  large  and  fertile  country  back  of  the  settle- 
ment where  we  live  of  as  fine  land  as  there  is  in  the  Union;  and  we  know 
that  as  soon  as  we  have  a  State  government  the  tide  of  emigration  will 
flow  into  the  beautiful  State  of  Kansas;  and  hence  it  is  that  our  people 
desire  to  become  an  integral  portion  of  Kansas. 

But,  say  some  gentlemen,  we  object  to  its  coming  in  because  it  is  Demo- 
cratic. Sir,  I  deny  the  proposition.  Except  in  the  election  of  1850  [185f)?], 
and  I  undertake  to  say  I  am  as  familiar  with  public  sentiment  there  as 
any  other  man,  there  has  been  a  large  majority  of  them  Republicans.  In 
185S  a  Republican  was  elected  from  Cass  county  to  the  Legislature.  In 
Oto  county  the  party  lines  were  drawn;  the  district  judge  mounted  the 
stump  and  took  position  against  the  nominees  of  the  people.  We  had 
Majors,  Russell  &  Co.,  miUionaires  and  contractors  with  the  government, 
to  contend  against,  but  it  resulted  in  the  defeat  of  the  nominees  of  the 
Democratic  party.  There  was  a  Repubhcan  elected  to  the  council  (Mr. 
Reeves)  from  Oto  and  Cass  counties.  One  Republican  from  Oto  and  one 
from  the  two  counties  having  a  floating  candidate,  both  solid  Republicans 
were  elected  to  the  Legislature,  and  by  virtue  of  this  we  had  a  majority  in 
the  last  Legislature  which  assembled  in  the  territory.  We  elected  a  Re- 
publican printer  as  we  had  a  right  to  do,  but  the  Secretary  of  the  Terri- 
tory assumed  power  and  control  over  the  printing  and  said;  while  the 
people  might  go  through  with  the  farce  of  electing  dele-^ates  they  had  no 
rieht  to  say  by  whom  the  laws  which  they  enacted  should  be  printed. 
This  question  was  laid  before  the  powers  at  Washington,  and  they  have 
dodsred  it,  having  never  decided  it  to  this  day.  So,  gentlemen  of  the  Con- 
vention, there  is  nothing  political  in  this  question.  This  question  was  not 
made  a  political  issue  in  the  discussion  before  our  people.  The  people  of 
all  parties  are  for  it  there;  there  is  not  a  corporal's  guard  against  it, 
because  they  feel  that  to  put  a  stop  to  federal  intervention  will  conduce 
to  their  prosperity  and  peace  in  the  future.  I  undertake  to  say,  that  the 
northern  portions  of  this  Territory,  if  we  can  draw  any  deductions  from 
observation  and  from  experience,  will  always  be,  as  far  as  free-soil  senti- 
ment is  concerned,  more  thoroughly  free-soil  than  the  southern  portion. 
It  may  not  hold  good  to-day,  but  it  will  hold  good  as  a  general  proposition. 
Look  at  northern  Ohio,  Indiana,  Illinois  and  Iowa,  and  thp  proposition  is 
demonstrated.  Emigration  to  the  west  pursues  the  parallels  of  latitude; 
and  whi'.e  in  this  latitude  they  will  come  from  southern  Indiana,  Illinois, 
and  other  places;  further  north,  they  come  from  further  north;  and  mark 
my  prediction  to-day,  if  that  country  should  become  a  part  of  Kansas, 
when  Kansas  shall  be  entitled  to,  say  perhaps  five  representatives  in 
Congress,  the  northern  part  will  be  more  thoroughly  anti-slavery  and 
free-soil  than  the  southern  part. 

But,  gentlemen  of  the  Convention,  this  question  rises  above  party,  I 
see  around  me  here  young  men  who  are  ambitious  of  obtaining  a  character 
and  transmitting  to  posterity  a  name.  And  I  would  say  to  those  young  men 
if  they  desire  honors,  look  at  this  question  above  party  considerations, 
and  see  whether  it  will  not  advantage  Kansas  as  she  is,  and  as  she  vyill  be 
when  years  roll  on.  I  say  there  is  no  parallel  to  this  case.  The  acquisition 
of  Louisiana  by  Jefferson  was  not  more  important  to  the  general  govern- 
ment, than  is  the  acquisition  of  southern  Nebraska,  to  the  very  Territory 
upon  which  we  stand.  The  acquisition  of  the  Platte  purchase  to  Missouri 
was  not  more  important  to  that  State,  than  is  the  acquisition  of  this  Ne- 
braska country  to  Kansas;  and  Thomas  H.  Benton,  after  having  served 


Friday,  July  15,  1859.  215 

[*127]  thirty  years  in  the  Senate  of  *the  United  States,  looking  back, 
contemplated  the  act  of  annexation  of  the  South  Platte  to  Missouri  with 
more  pride  and  satisfaction  than  any  other  act  in  his  whole  hfe.  The 
acquisition  of  territory  lying  west  of  the  Territorial  government  of  Iowa 
was  not  more  important  to  that  State  than  is  the  acquisition  of  this 
country  to  Kansas.  Add  it  on,  and  what  do  we  have?  You  have  Kansas, 
a  compact  agricultural  State,  capable  of  containing  a  more  vast  population 
than  any  other  similar  section  of  country.  Add  on  the  fourteen  thousand 
square  miles  of  agricultural  land,  which  we  propose  to  pive  you,  and  you 
have  a  State  whose  agricultural  area  is  still  less  than  California,  Minne- 
sota, Oregon  or  Texas,  and  less  in  length  from  north  to  south  than  the 
State  east  of  you. 

But,  says  some  gentleman  who  objects  to  this:  If  Southern  Nebraska  is 
added  on,  it  will  result  in  striking  off  a  portion  of  Southern  Kansas  to 
the  Cherokee  country,  and,  by  virtue  of  pro-slavery  legislation  and  fraud, 
a  new  slave  State  will  be  made  south  of  Kansas.  It  is  impossible.  It  is 
impossible,  because  the  next  Congress  is  Republican.  It  is  impossible,  be- 
cause the  next  Congress  will  like  to  get  the  Kansas  question  out  of  the 
next  Presidential  contest.  It  is  impossible,  because  Congress  has  never 
in  the  history  of  the  nation  attempted  to  dismember  a  Territory  without 
the  consent  of  those  who  are  interested  in  changing  the  line.  It  takes  two 
or  more  to  make  a  contract.  When  Kansas  applies  for  admission.  Con- 
gress must  accept  the  terms  she  proposes  to  come  in  on,  or  reject  them 
and  propose  others.  It  must  be  acted  upon  by  the  people  of  Kansas 
before  any  limitation  can  be  effected.  The  people  of  Kansas  would  never 
consent  to  the  dismemberment  of  any  part  or  parcel  of  her  Territory, 
between  the  northern  and  southern  boundary  at  least.  And  there  is  no 
instance  on  record  where  such  a  thing  was  ever  attempted.  It  would  be 
an  act  of  despotism  for  Congress  which  would  merit  and  receive  the  un- 
qualified censure  of  the  entire  nation.  It  is  impossible,  for  the  next  House 
of  Representatives  will  be  strongly  Republican  and  would  not  permit  it. 
Anti-Lecompton  Democrats  would  oppose  it.  Such  an  attempt  would 
have  no  precedent  or  parallel  in  the  annals  of  the  nation.  Slavery  propa- 
gandists would  not  dare  to  raise  a  question  or  agitate  a  scheme  like  this 
on  the  eve  of  a  hotly  contested  Presidential  election — for  they  are  becom- 
ing conscious  of  their  misery,  and  certain  defeat  looks  them  full  in  the 
face.  It  will  not  be  attempted,  for  Kansas,  with  the  southern  portion  of 
Nebraska  added  on  to  her,  would  be  less  from  the  northern  boundary  to 
the  southern  boundary  than  the  State  of  Missouri — than  the  State  of 
Illinois — than  any  of  the  Western  States.  Sir,  Kansas  would  contain, 
with  the  addition  of  Southern  Nebraska,  not  more  than  eighty  thousand 
square  mi'es.  The  whole  extent  of  country  proposed  to  be  annexed  does 
not  include  more  than  fourteen  thousand  square  miles,  and  if  you  only 
run  west  to  the  one  hundred  and  second  degree  of  longitude,  that  will 
make  Kansas  only  eighty  thousand  square  miles — while  Oregon  contains 
one  hundred  and  seventy  thousand  two  hundred  and  thirty  square  miles — 
Minnesota,  one  hundred  and  forty-one  thousand  eight  hundred  and  thirty- 
nine  square  miles — California,  one  hundred  and  eighty-eight  thousand  nine 
hundred  and  eighty-two  square  miles.  Then  what  necessity,  or  what 
reason  could  there  be  advanced,  for  dividing  Kansas?  None  whatever. 
Sir,  if  you  do  not  accept  of  the  rich  inheritance  now  offered,  you  can 
never  get  it.  And  the  fortieth  parallel  will  remain  a  monument  of  the 
wrongdoing  and  fraud  of  the  slave  power  of  1854.  When  Kansas  and 
Nebraska  were  called  into  being  by  Congress,  it  was  to  the  great  injury 
of  the  prosperity  and  progress  of  the  people  of  Kansas  and  Southern 


216  Convention  Proceedings  and  Debates. 

Nebraska  alike.  If  the  people  of  Kansas  will  take  steps  to  annex  that 
country,  and  succeed,  and  the  future  State  of  Kansas  should  get  tired  of 
Southern  Nebraska,  they  can  throw  it  away  as  worthless.  Then  the 
candor  of  members  must  concede  that  this  objection  "melts  away 
[*128]  *Iike  frost-work  in  the  morning  ray."  Then,  is  it  not  impossible 
that  this  southern  country  can  be  stricken  off  to  the  Cherokee  country?  I 
think  it  is. 

It  is  objected  that  annexation  will  increase  the  indebtedness  of  the  people 
of  Kansas.  This,  gentlemen,  is  news  to  me.  Nebraska,  with  a  territory 
larger  than  all  New  England,  has  never  done  anything  to  create  a  debt ;  and 
her  entire  indebtedness  does  not  amount  to  more  than  seventeen  thousand 
dollars.  The  levy  for  1859,  will  more  than  pay  off  this  indebtedness  of  the 
Territory.  Sir,  the  annexation  of  Southern  Nebraska  would  have  the 
opposite  effect,  and  would  actually  lighten  the  burden  of  taxation  in  the 
State  of  Kansas. 

Another  objection  is,  that  annexation  would  introduce  a  foreign  element 
into  Kansas.  Is  there  anything  in  this  objection?  Is  it  not  the  merest 
quibble?  Sir,  this  is  equally  futile.  A  foreign  element!  The  people  of 
Southern  Nebraska  are  descended  from  the  same  pilgrim  fathers  that  gave 
birth  to  this  great  republican  government  of  ours.  And  when  the  people  of 
K^ansas  were  cut  off  from  all  northern  connection  by  virtue  of  the  operation 
of  the  fortieth  parallel  which  we  now  seek  to  change — and  when  it  was 
necessary  that  Kansas  should  have  aid  in  fighting  for  freedom — the  people 
of  Southern  Nebraska  sympathized  deeply  with  them,  and  many  of  our  citi- 
zens participated  in  the  war.  The  friendship  of  the  people  of  Southern 
Nebraska  was  extended  to  Gen.  Lane  and  his  army,  who  could  only  get  into 
Kansas  by  coming  through  Iowa  and  Southern  Nebraska.  Gen.  Lane  built 
a  fort  within  two  miles  of  Nebraska  City,  and  his  trooi)s  were  quartered 
there  several  weeks.  And  that  fort  yet  exists  as  a  monument  of  the  cause 
for  wliich  he  contended.  Sir,  we  are  one  people  in  feeling,  interest  and 
sympathy,  and  should  have  a  common  destiny.  Then  do  not  urge  that  we 
are  a  foreign  people.  It  is  not  true.  The  facts  put  to  shame  an  objection 
like  this. 

Again,  it  is  urged  as  an  objection  to  this  measure,  that  it  would  affect  the 
railroad  interest  of  Kansas,  bj'  adding  to  the  country  north  of  the  Kansas 
River.  This  objection  is  based  upon  the  hypothesis  that  the  Kansas  River 
is  the  geographical  centre,  and  this  would  destroy  that  centre.  A  view  of 
the  map  will  illustrate  the  fact  to  be,  that  the  addition  of  this  country  of 
fourteen  thousand  square  miles — still  the  country  south  of  the  Platte  River 
— is  greater  than  the  country  north,  and  it  would  make  the  Kansas  Valley 
the  great  thoroughfare  for  future  railroad  systems.  Are  gentlemen  living 
upon  the  valley  of  the  Kansas  opposed  to  that  valley  becoming  the  great 
thoroughfare  for  the  nations  of  the  earth  across  this  Territory  to  the  gold 
mines  and  thence  to  the  Pacific  coast?  If  you  are  opposed  to  it,  then  vote 
against  Nebraska  becoming  an  integral  part  of  your  Territory;  because  it 
fixes  the  destiny  of  the  great  Pacific  Railroad  passing  up  the  Kaw  River 
Valley.  This  argument,  that  it  would  destroy  the  centra! ity  of  Kansas,  is 
a  new  argument  to  us.  We  never  had  to  meet  that  argument  in  the  dis- 
cus.sion  of  the  question  before  our  people;  but  it  was  urtred  there,  by  those 
who  first  objected,  that  Leavenworth  was  the  first  great  Metropolis  of  Kan- 
sas, and  she  would  monopolize  all  the  benefit.  We  answered  this  by  saying, 
that  Kansas  would  be  a  compact  State;  that  legislation  would  fall  like  the 
I  lews  of  heaven,  and  if  it  did  not  combinations  would  be  formed  which  would 
equalize  legislation ;  and  the  people  were  satisfied.  The  scare-crow  was  not, 
that  the  Southern  portion  would  be  opposed  to  us,  but  that  Leavenworth 


Friday,  July  15,  1859.  217 

city  would  be  antagonistic  to  us.  Here  in  this  Convention  we  found  the 
opposite  to  be  the  case,  and  consequently  [we]  have  to  meet  the  converse  oi' 
this  question.  Sir,  does  not  the  history  of  State  legislation  demonstrate 
that  where  State  legislation  is  unequal  and  unjust,  combinations  are  formed 
which  equalize  the  whole  thing?  But  with  Southern  Nebraska  added  on  to 
[*129]  Kansas — the  *Kansas  River  is  then  only  the  geographical  centre. 
All  sections  can  unite  on  the  centre  in  constructing  a  system  of  railroads 
up  the  fertile  and  great  valley  of  the  Kansas  River — which,  from  its  central, 
geographical  and  topographical  position,  is  unequalled  for  the  construction 
of  railroads.  The  capital  must  be  located  on  the  Kansas  [River] — unless 
you  should  remain  with  your  present  boundaries  on  the  north — it  may  then 
go  farther  south.  But  our  people  care  little  or  nothing  about  the  capital. 
I  hope,  however,  there  may  never  be  any  sectional  feeling  in  Kansas.  There 
can  be  but  little  of  this  sort  of  feeling  if  annexation  takes  place,  for  this 
reason:  Kansas  will  be  a  compact  agricultural  State,  susceptible  of  a  very 
dense  population. 

Again,  it  is  urged  as  an  objection,  that  it  would  hazard  the  admission  of 
Kansas  into  the  Union  at  the  next  Congress.  Gentlemen  of  the  Conven- 
tion, you  seem  to  manifest,  from  all  that  I  have  seen  and  heard,  a  re- 
markable fear  that  you  will  not  be  admitted.  Why  was  Kansas  not  ad- 
mitted when  she  applied  before?  The  answer  is  this:  because  Congress 
adopted  an  odious  and  unjust  rule  requiring  that  Kansas  should  have  a 
given  number  of  population:  she  was  excluded  because  she  had  not  the 
requisite  population,  if  I  understand  it.  Now  does  she  not  gain  an  addi- 
tional population,  and  a  territorial  domain  of  vast  wealth  and  importance 
to  the  future  State  of  Kansas?  Then  it  would  seem,  if  I  am  correct,  in 
saying  if  Kansas  has  to  be  kept  out  of  the  Union  it  would  be  because  she 
has  not  population  enough.  Tliis  annexation  would  secure,  and  put  it 
beyond  the  possibility  of  a  doubt.  Then  I  do  not  think  that  the  annexa- 
tion of  this  country  is  objectionable  because  it  would  hazard  the  admission 
of  Kansas  into  the  Union.    Of  this,  however,  you  will  have  to  decide. 

Again,  it  is  urged  that  it  would  injure  Nebraska  and  keep  back  her 
admission  into  the  Union.  Sir,  it  would  be  the  making  of  Nebraska 
Territory.  As  that  Territory  was  organized  by  the  act  of  1S56,  her  settle- 
ments are  disconnected;  and  she  never  can  be  a  compact  State,  having  a 
common  interest;  but  there  will  always  be  as  there  has  been  so  far,  a  sec- 
tional feeling,  and  discord  to  a  greater  or  less  extent  will  prevail.  Take 
off  this  southern  portion,  and  still  she  contains  territory  enough  for  five 
or  six  States  of  ordinary  size.  If  this  southern  territory  were  added  on  to 
Kansas,  it  would  make  Nebraska  a  better  State.  I  think  she  never  can 
be  organized  as  she  is.    Then  there  is  nothing  in  this  objection. 

Again,  it  is  urged  that  this  Convention  has  no  authority  to  alter  ihe 
boundaries  of  the  Territory.  We  have  but  one  precedent  that  I  know  of. 
which  would  authorize  us,  and  that  is  the  case  of  Iowa.  But  Congress,  in 
the  organic  act,  reserves  the  power  to  change  and  alter  the  boundaries  of 
the  Territory.  This  power  is  clnimed  to  be  like  the  power  in  a  court  of 
equity.  There  must  be  some  person  come  forward,  ask  and  exhibit  reasons 
why  it  should  be  done,  before  Congress  would  exercise  this  power.  Its 
exercise  upon  any  other  principle,  would  be  wrong.  Congress  can  only 
exercise  the  power,  with  discretion,  upon  application  of  the  people;  hence 
Nebraska  comes  here  and  urges  the  people  of  Kansas  to  petition  Congress 
to  do  what  it  should  have  done  in  1854. 

Strange  as  it  may  be,  it  seems  that  every  Democrat  in  tliis  Convention 
that  I  am  acquainted  with,  sympathizes  in  this  measure;  and  why  is  it? 
Because  they  know  it  would  ]-iromoto  the  common  interest  of  both  sections 


218  Convention  Proceedings  and  Debates. 

of  country.  It  will  not  promote  their  political  views,  I  tell  them  here  to- 
day. Is  it  for  the  purpose  of  driving  Republicans  from  the  support  of 
this  measure,  which  I  believe  the  people  of  Kansas  would  endorse,  if  they 
had  an  opportunity?  I  ask  gentlemen  here  who  intend  to  vote  against 
petitioning  Congress  to  do  what  would  redound  to  the  prosperity  of  both 
sections  of  the  country  to  consider — to  consider — what  they  will  tell 
their  constituents  when  they  return  home.  Will  you  tell  them:  "We  re- 
[*130]  *iected  a  rich  inheritance,  because  we  are  rich  and  prosperous 
now?"  Should  there  not  flow  into  the  Territory  of  Kansas  in  1S60  the 
tide  of  western  emigration,  the  people  will  feel  the  burden  of  taxation ;  and 
when  that  time  comes,  if  you  tell  them,  "We  refused  this  rich  inheritance 
because  we  were  already  rich  enough,"  I  think  it  would  be  a  poor  excuse 
to  your  constituents.  Increasing  the  Territory  would  not  increase  the 
taxation  of  the  State  of  Kansas;  but  some  gentleman  has  said  to  me  that 
the  expenditures  of  government  increase  in  the  same  ratio  with  the  extent 
of  boundaries.  I  think  he  will  find  it  a  difiicult  task  to  maintain  this 
proposition. 

Ha\-ing  given  some  few  of  the  many  arguments  in  favor  of  the  annexa- 
tion of  Southern  Xebra.ska,  and  answered  all  the  objections  against  the 
measure,  I  will  conclude  by  urging  upon  the  consideration  of  this  Conven- 
tion that  if  the  Kansas  Constitutional  Convention  does  all  in  its  power  to 
extend  the  boundary  hue  to  the  Nebraska  river,  it  will  increase  the  chances 
of  the  admission  of  Kansas  as  an  independent  and  sovereign  State  of  this 
Union;  because  it  removes  the  quibbles  and  opposition  which  kept  her 
out  of  the  Union  at  the  last  session  of  Congress.  It  gives  Kansas  an  addi- 
tional population  and  wealth — which  would  lighten  the  burden  of  taxation. 
But  again:  The  lands  in  Kansas,  for  many  miles  back,  are  settled  and 
have  been  purchased  of  the  United  States.  By  annexation  you  get  a  fine 
agricultural  country,  which  would  give  you  more  government  lands  from 
which  to  select  railroad  grants.  It  would  give  Kansas  good  agricultural 
lands  from  which  she  could  select  her  quota  of  school  lands;  which,  under 
and  by  virtue  of  the  operation  of  the  Act  of  Concress  of  the  3d  of  March, 
A.  D.  1857,  has  been  purchased  under  the  Act  of  4th  of  Sept.,  1841.  Again: 
Kansas  will  get  5  per  cent,  of  the  trross  proceeds  of  the  sale  of  the  public 
lands  within  her  borders  after  admission.  Will  this  be  no  source  of  revenue 
to  Kansas?  Why,  there  are  five  millions  of  acres  of  land  in  the  South 
Platte  country  unsold — good  agricultural  land.  Ten  dollars  on  every  one 
hundred  and  sixty  acres  would  amount  to  five  hundred  thousand  dollars — 
to  say  nothing  about  school  lands  and  railroad  grants — as  the  benefits 
Kansas  will  derive  from  that  source  alone. 

Then,  gentlemen  of  the  Convention,  shall  I  go  back  to  my  constituents 
in  Southern  Nebraska  and  say  to  them  that  the  people  in  Kansas,  by 
their  delegates  in  Convention,  have  declined  to  accept  of  the  rich  inherit- 
ance you  offered  them;  and  that  the  intelligent  gentlemen  constituting 
the  Kansas  Constitutional  Convention  have  said  that  Kansas  is  as  rich 
and  prosperous  as  she  desires  to  be?  And  will  you,  gentlemen,  go  back  to 
your  constituents  and  tell  them  that  you  would  have  taken  steps  to  secure 
the  rich  inheritance  that  was  offered  by  the  people  of  the  South  Platte, 
but — but — what?  Ah!  gentlemen,  gentlemen,  there  is  no  good  reason. 
Now  is  the  golden  opportunity.  If  neglected  by  you  the  weal  and  good 
destiny  of  the  people  of  Kansas  and  of  South  Nebraska  are  impeded 
through  all  coming  time;  for  each  successive  year  will  only  demonstrate 
the  wisdom  and  policy  of  the  measure.  Remember  that  if  you  do  take 
steps  to  include  Southern  Nebraska  within  the  boundaries  of  Kansas,  and 


Friday,  July  15,  1859.  219 

succeed,  and  you  should  hereafter  have  cause  to  regret  the  step,  Kansas 
can  cede  again  to  the  General  Government  any  portion  of  the  country 
within  her  boundaries — but  if  neglected  now,  she  never  can  acquire  addi- 
tional territory  and  particularly  Southern  Nebraska,  because  Nebraska 
will  take  care  of  herself  and  form  other  associations  and  combinations. 

Mr.  Chairman  and  gentlemen,  as  it  is  extremely  warm — almost  im- 
possible to  speak — I  must  give  way. 

Mr.  McDowell.    I  move  that  the  Comnpttee  rise. 

The  motion  was  agreed  to. 
[*131]      *The  committee  accordingly  arose  and  reported  progress. 

PREAMBLE   AND   BILL   OF   RIGHTS. 

Mr.  McDowell.  I  move  we  take  up  the  first  section  of  the  article  on 
Preamble  and  Bill  of  Rights. 

Mr.  Thacher.    I  suggest  whether  that  was  not  set  for  Monday  morning. 

The  President.    The  Secretary  informs  the  Chair  it  was. 

The  motion  was  agreed  to  and  the  preamble  was  read. 

Mr.  Parks.  Mr.  President,  I  can  make  nothing  out  of  this  preamble. 
It  seems  to  be  not  only  absurd  but  untrue.  I  cannot  separate  the  idea  of 
"men"  and  "existence."  I  object  to  adopting  anything  that  will  read  so 
absurdly.  I  move  to  strike  out  the  words  "that  existence"  and  insert 
"woman." 

Mr.  Blunt.    I  would  ask  if  the  whole  preamble  is  under  consideration? 

The  President.  The  entire  preamble  is  under  consideration — the  first 
section  particularly. 

Mr.  Blunt.  I  move  to  strike  out  the  whole  Preamble  and  insert  the 
following: 

PREAMBLE. 

"We,  the  people  of  Kansas,  acknowledging,  with  grateful  hearts,  the 
goodness  of  the  great  Ruler  of  the  universe  in  affording  us  an  opportunity 
of  peaceably,  without  fraud  or  violence,  organising  a  civil  government  for 
ourselves  and  our  posterity,  do  ordain  and  establish  this  Constitution  as  the 
fundamental  law  of  a  free  and  independent  State  by  the  name  and  style  of 
the  State  of  Kansas,  to  be  bounded  as  follows,  to-wit: 

On  motion  of  Mr.  Stinson,  the  substitute  was  laid  on  the  table. 

Mr.  Thacher.  Mr.  President,  I  move  to  strike  out  the  first  two  para- 
graphs, because  I  believe  the  assertion  of  general  truth  therein  contained, 
is  out  of  place.  I  cannot  conceive  of  a  gift  without  a  donee  and  donor: 
nor  I  cannot  conceive  the  idea  of  a  man  without  existence. 

Mr.  Wrigley.  I  move  to  strike  out  the  word  "with"  wherever  it  occurs 
in  the  second  paragraph,  and  ask  for  the  reading  of  it  as  it  would  be  with 
this  amendment. 

The  Secretary  read  the  paragraph  as  amended.    It  is  as  follows: 

"The  body  politic  is  formed  by  a  voluntary  association  of  individuals; 
it  is  a  conmaunity  in  covenant,  where  the  whole  people  treats  each  citizen 
and  each  citizen  treats  the  whole  people,  that  all  shall  be  governed  by  active 
laws  for  the  common  good." 

Mr.  Thacher.  I  hope  if  we  do  not  strike  out  the  first  two  paragraphs 
the  amendment  will  prevail. 

Mr.  McDowell.  Mr.  President,  I  have  an  amendment  to  offer  to  the 
one  proposed  by  the  gentleman  from  Douglas,  wliich  I  hope  will  be  read. 


220  CoNVEXTiox  Proceedings  and  Debates. 

The  Secretary  read  it  as  follows: 

"We  the  delegates  to  this  Constitutional  Convention,  grateful  to  our 
constituents  for  the  high  honor  they  have  conferred  upon  us  in  electing  us 
to  this  responsible  though  not  lucrative  office,  and  satisfied  that  we  came 
here  without  fraud  or  violence,  or  any  species  of  political  sculduggery,  and 
legislating  not  only  for  the  millions  that  come  after  us,  but  for  ourselves 
(desirous  of  a  speedy  completion  of  our  labors,  as  scrip  is  not  received  in 
Wyandotte  City  for  board)  ajid  believing,  as  we  do,  in  the  individualism 
of'the  social  forces,  and  the  various  and  complicated  ramifications  of  the 
isothermal  line  over  the  beautiful  prairies  and  broad  bottoms  of  this  fair 
territory,  where  the  wild  Indian  once  roamed  and  the  wolf  dug  his  hole  in 
the  ground— in  no  complicity  with  the  evil  one,  and  prompted  by  the 
highest  impulsions  of  a  perfect  political  philosophy,  do  hereby  make,  ap- 
point, constitute,  and  set  up  the  following  Constitution:" 
[-132]  *]Mr.  Stinsox.  This  preamble,  which  has  been  drawn  up,  not 
only  by  the  superior  intelligence  of  the  Leavenworth  delegation  united,  but 
in  concert  with  some  of  the  other  distinguished  men  of  the  country,  should 
have  a  place  in  the  Constitution.  I  think  it  is  original ;  and  that  is  some- 
thing that  is  not  claimed  for  the  one  presented  by  the  committee. 

Mr.  Hutchinson.  Mr.  President,  I  was  not  intending  to  say  a  word, 
but  if  I  can  have  the  indulgence  of  the  Convention,  I  have  this  remark  to 
make  upon  the  report  under  consideration.  There  is  nothing  claimed  by 
the  Committee  on  the  ground  of  orisinality.  The  preamble  was  copied 
almost  entirely,  word  for  word,  from  the  Alassachusetts  Constitution.  In 
1853  that  State  held  a  convention  to  revise  their  Constitut'on.  That  Con- 
vention was  composed  of  three  or  four  hundred  members,  amons  whom 
were  some  of  the  very  best  men  of  the  State,  such  as  Rantoul,  Cushing, 
Sumner,  Wilson,  Burlingame,  and  those  who  have  been  members  of  Con- 
gress, to  the  number  of  ten  or  fifteen.  Chas.  Sumner  was  chairman  of  the 
Committee  on  Preamble  and  Bill  of  Rights.  The  Convention  held  a  ses- 
sion of  seventy-two  days,  and  during  that  time  the  committee  had  between 
twenty  and  twentv-five  sessions  of  several  hours  in  length,  at  which  a 
great  amount  of  debate  was  had  as  to  the  propriety  of  preserving  their 
former  Bill  of  Rishts,  which  was  drafted  by  John  Adams.  At  the  con- 
clusion of  this  series  of  twentv  sessions,  it  was  nearly  a  unanimous  vote  in 
that  committee,  of  which  Charles  Sumner  was  chairman,  to  adopt  the 
whole  Preamble  as  made  by  John  Adams,  and  which  is  copied  nearly  word 
for  word  in  this  report.  Gentlemen  let  it  be,  as  lacking  sense  or  applica- 
tion, we  don't  claim  it  as  original. 

Mr.  McDowell.    Mr.  President,  I  withdraw  my  substitute. 

It  was  withdrawn  accordingly. 

Mr.  Stinson  offered  the  following  preamble  as  a  substitute  for  the  first 
Three  paragraphs  of  the  preamble  as  reported,  except  the  boundary 
clauses : 

"We,  the  people  of  the  Territory  of  Kansas,  grateful  to  Almighty  God 
for  the  civil  and  relidous  privileges  vouchsafed  to  us,  to  insure  the  full 
and  perfect  enjoyment  of  our  rights  as  American  citizens,  do  hereby  ordain 
and  establish  this  Constitution  of  the  State  of  Kansas." 

The  substitute  was  adopted. 

Mr.  Thacher.  I  move  to  strike  out  the  word  "Territory"  in  the  first 
line  and  insert  the  word  "State." 

Mr.  Stinson.  I  will  state  that  that  is  the  usual  form  in  all  the  Con- 
.stitutions  I  have  examined. 


Friday,  July  15,  1859.  221 

Mr.  Slough.  I  suppose  it  would  be  in  order  to  move  the  postponement 
of  the  further  consideration  of  this  subject? 

The  President.    It  is. 

Mr.  Slough.  I  move  then  that  its  further  consideration  be  postponed 
till  Monday  next. 

Mr.  Thacher.    I  would  amend  by  saying  to-morrow. 

Mr.  Slough.  I  would  suggest  the  reason  1  before  offered.  There  will 
be  a  number  of  members  absent  to-morrow;  we  will  be  compelled  by  the 
preamble  to  fix  the  boundaries,  in  which  they  will  take  a  great  interest, 
and  in  courtesy  to  them  I  made  the  motion. 

Mr.  Thacher.  I  say  this  is  the  heated  time  of  the  year,  and  I  protest 
against  being  kept  here  any  longer  than  is  necessary. 

Mr.  Griffith.  If  we  have  other  business  to  go  on  with,  I  have  no 
objection  to  the  postponement.  We  want  to  get  through  here  and  go 
home  to  attend  to  home  matters. 

The  President.  Are  there  any  committees  who  will  be  prepared  to 
report  to-morrow?  I  think  there  are  one  or  two  other  reports  not  acted 
upon. 

Mr.  J.  Blood.     I  don't  know  of  any  other  reports.     There  is  one  on 
schedule,  but  we  disposed  of  that  till  IVlonday  morning. 
[*133]     *Mr.  Slough.    The  only  question  over  which  there  can  be  any 
discussion  is  the  boundary;  and  if  gentlemen  will  consent  to  that  portion 
of  the  report  being  postponed,  I  will  modify  my  motion  to  that  effect. 

The  President.  Does  the  gentleman  from  Douglas  withdraw  his  amend- 
ment ? 

Mr.  Thacher.  I  do  not.  I  protest  against  being  kept  here  these  hot 
days. 

The  yeas  and  nays  were  then  demanded  on  this  amendment,  and  being 
ordered  and  taken,  resulted — yeas  28,  nays  20 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt.  Burris,  J.  Blood,  N.  C.  Blood. 
Dutton,  Graham,  Griffith,  Hutchinson,  Hanway,  Hoffman,  Ingalls,  King- 
man, Lillie,  Lamb,  Middleton,  McCullough,  Preston,  Ritchie,  Ross,  Signor, 
Stokes,  Simpson,  Thacher,  Townsend,  Wrigley,  and  Williams — 28. 

Nays — Messrs.  Brown,  Barton,  Foster,  Forman,  Greer,  Hippie,  Hub- 
bard, Houston,  Moore,  McDowell,  McCune,  McClelland,  Palmer,  Parks, 
Porter,  Slough,  Stinson,  Stiarwalt,  J.  Wright,  and  T.  S.  Wright— 20. 

So  the  amendment  to  postpone  till  to-morrow  was  adopted. 

Mr.  Graham.  I  rise  for  the  purpose  of  moving  a  reconsideration  of 
the  vote  by  which  the  first  section  of  the  article  on  County  and  Town- 
ship organization  was  adopted. 

The  President.  The  gentleman  is  not  in  order.  The  question  is  on  the 
postponement  of  this  special  order. 

Mr.  McDowell.  I  move  to  further  amend  by  proceeding  to  examine 
the  bill  of  rights  now. 

The  motion  was  rejected. 

The  original  motion  to  postpone  as  amended  was  adopted;  and  so  the 
report  was  made  the  special  order  for  to-morrow  morning. 

county  seats  and  county  lines. 

Mr.  Graham.  I  now  make  my  motion  to  reconsider  the  vote  on  the 
passage  of  the  first  section  of  the  report  of  the  Committee  on  County  and 
Township  organization. 


222  Convention  Pkoceedings  and  Debates. 

The  Prfjsident.  The  report  is  in  the  hands  of  the  Committee  on 
Phraseology  and  Arrangement.  In  order  to  read  it,  you  will  have  to 
make  a  motion  to  recall  it. 

Mr.  Thacher.    I  make  the  motion. 

A  motion  to  adioiirn  was  marie;  and,  upon  a  division,  the  Secretary 
reported — affirmative  20,  negative  20. 

The  President.    The  Convention  does  not  adjourn. 

Mr.  Thacher's  motion  prevailed,  and  the  report  was  recalled. 

Mr.  Graham.    I  renew  my  motion  to  reconsider. 

The  motion  was  agreed  to  and  the  first  section  was  read. 

Mr.  Graham  moved  to  amend  by  adding  the  following:  "but  the 
Legislature  shall  not  change  any  county  seat  without  the  consent  of  a 
majority  of  the  people  of  the  county." 

Mr.  Thacher.     I  suggest  to  the  gentleman  to  strike  out  the  words 

"the  Legislature." 

Mr.  Graham.    I  accept. 

Mr.  McClelland.     I  move  to  insert  "County  lines"  after  the  word 

"seats." 

Mr.  Thacher.     I  move  that  the  amendment  of  the  gentleman  from 
Leavenworth  lie  on  the  table. 
The  motion  was  agreed  to. 
The  amendm.ent  of  Mr.  Graham  was  then  adopted. 

Mr.  Burris.  I  move  to  amend  by  adding  the  words  "shall  not  change 
the  boundaries  of  counties  without  the  consent  of  the  people  of  a  ma- 
jority of  the  counties  interested." 

Mr.  Thacher.  I  would  ask  if  that  amendment  has  not  already  been 
placed  upon  the  table. 

Mr.  Wrigley.  I  think  it  unfair  in  the  gentleman  to  avail  himself  of 
the  fact  that  it  has  already  been  laid  upon  the  table.  I  think  it  would 
be  but  just  for  us  to  obtain  a  fair  expression. 

The  President.  In  the  opinion  of  the  chair  the  two  propositions  are 
not  identical. 

A  motion  was  made  to  lay  it  on  the  table;  the  yeas  and  nays  were 
[*134]  demanded,  and  being  *ordered  and  taken  resulted — yeas  17,  nays 
33 — as  follows: 

Yeas — Messrs.  Burnett,  Blunt,  Brown,  J.  Blood,  N.  C.  B'ood,  Crocker, 
Greer,  Hutchinson,  Hanway,  Hoffman,  Houston,  Lillie,  Preston,  Stokes, 
Thacher,  Townsend,  and  Williams — 17. 

Nays — Messrs.  Arthur,  Barton,  Burris,  Button,  Foster,  Forman,  Gra- 
ham, Griffith,  Hippie,  Hubbard,  Ingalls,  Kingman,  Lamb,  Middleton, 
Moore,  McDowell,  McCune,  McClelland,  McCullough,  Palmer,  Parks, 
Porter,  Ritchie,  Ross,  Signor,  Slough,  Stinson,  Stiarwalt,  Simpson,  J. 
Wright,  Wrigley,  and  T.  S.  Wright— 33. 

So  the  amendment  was  not  laid  on  the  table. 

Mr.  J.  Blood.  Mr.  President,  I  am  opposed  to  restricting  the  Legisla- 
ture in  its  action  as  far  as  respects  lines  of  counties  in  that  manner.  I 
think  I  can  imagine  an  occasion  where  great  injustice  can  be  done  to  the 
minorities  of  counties  under  such  a  provision.  I  will  take  one  case  as  an 
illustration.  The  county  of  Leavenworth  extends  from  the  Missouri  to  the 
Kansas  river,  a  distance  of  over  thirty  miles.    Douglas  lies  south  of  Leav- 


Friday,  July  15,  1859.  223 

enworth  on  the  south  side  of  the  Kansas  river,  with  its  county  seat  upon 
the  river.  Upon  the  opposite  side  of  the  river  there  are  not  settlements  at 
the  present  time,  but  probably  will  be,  and  to  say  that  the  people  residing 
in  the  southern  part  of  Leavenworth  county  with  the  county  seat  of 
Douglas  county  in  sight,  should  not  be  allowed  to  have  the  line  changed 
without  the  consent  of  Leavenworth  county,  would  be  doing  a  great  in- 
justice to  that  minority — compelling  them  to  go  thirty  miles  to  their 
county  seat.  To  insert  in  the  Constitution  a  clause  that  would  prevent  the 
Legislature  from  doing  justice,  it  seems  to  me  would  be  doing  very  wrong. 
I  can  see  no  particular  object  in  it.  I  don't  know  what  object  gentlemen 
have  for  proposing  such  amendments,  and  would  like  to  hear. 

Mr.  Ross.    I  move  to  strike  out  all  that  relates  to  county  lines. 

The  President.    A  proposition  of  a  similar  nature  was  voted  down  this 
morning. 

Mr.  Kingman.    Mr.  President,  I  don't  believe  we  can  get  it  in  shape  to 
vote  upon  it  at  all  to-night.    I  move  that  we  adjourn. 

The  motion  was  agreed  to. 

And  at  5:30  o'clock  the  Convention  adjourned  till  9  o'clock  to-morrow 
morning. 


Lawrence,  August  3d,  1S59. 
Editor  Commercial  Gazette: 

Dear  Sir:  In  your  daily  of  the  29th  July,  in  the  report  of  the  pro- 
ceedings of  the  Convention  on  the  article  on  education,  July  14th,  I  am 
represented  as  having  said,  in  opposition  to  the  amendment  oiTered  by 
Mr.  Stinson  of  Leavenworth,  that  there  be  added  to  section  2d  of  that 
article  the  words  "but  no  negro  or  mulatto  pupils  shall  be  admitted  to  such 
schools." 

"Mr.  Burris.  It  is  an  old  maxim  that  beggars  should  not  be  choosers. 
We  are  talking  about  a  fund  that  may  be  given  us  by  the  general  govern- 
ment. What  claim  has  one  class  of  men  to  the  common  benefits  of  this 
country  above  that  of  each  and  all  classes?  If  any  gentleman  can  point  out 
any  view  or  precedent  that  can  be  recognized  in  law  or  justice  we  will  yield 
the  point.  We  must  proceed  upon  the  supposition  that  the  blacks  are  to 
live  in  common  with  the  whites.  It  is  supposed  that  they  are  to  mingle 
and  live  together  with  us.  I  ask  if  it  is  desirable  to  see  that  class  of  citizens 
growing  up  in  entire  ignorance?  If  they  are  to  live  in  the  territory  they 
should  be  made  as  intelligent  and  as  moral  as  education  can  make  them. 
With  these  considerations  I  am  willing  to  vote." 

How  your  reporter  could  have  attributed  the  above  remarks  to  me  it  is 
difficult  to  determine,  as  the  doctrine  therein  set  forth  is  in  direct  oppo- 
sition to  the  views  which  I  have  always  entertained,  and  always  advocated; 
and  I  never  did,  either  in  the  Convention  or  out  of  it,  utter  a  sin^^le  sen- 
[*135]  tence,  word  or  *syllable  which  could  possibly  be  construed  to 
favor  the  doctrine  therein  contended  for.  The  truth  is,  that  in  the  debate 
on  that  article  of  the  Constitution  on  the  14th  inst.,  I  took  no  part  what- 
ever except  to  vote,  and  my  vote  was  in  direct  opposition  to  the  arguments 
whi^^h  I  am  represented  as  having  offered. 

By  giving  the  foresroing  an  insertion  in  the  next  issue  of  your  paper 
and  also  in  the  pamnhlet  edition  of  the  debates  of  the  Constitutional  Con- 
vention you  will  confer  a  favor. 

Respectfully,  John  J.  Burris. 


224  Co.NVKNTioN  Pkoceedings  and  Debates. 

Note. — By  way  of  explanation,  it  should  be  stated,  perhaps,  that  this 
reference  is  to  the  proceedings  of  July  14th — the  first  day's  work  of  the 
assistant  reporter,  W.  H.  Drapier,  and  when  he  would  be  most  liable  to 
mistake  the  names  of  debatants.  It  is  an  error  that  cannot  be  corrected 
any  further.  A.  E.  Drapier,  Official  Reporter. 


Saturday.  July  16,  1859. 
The  Convention  met  at  9  o'clock. 

Prayer  by  the  chaplain. 

The  President.  I  am  requested  by  the  chairman  of  the  committee  on 
printing  to  say  that  any  corrections  of  the  official  report  of  proceedings, 
in  order  to  be  incorporated  in  the  pamphlet  edition,  must  be  made  before 
ten  o'clock;  after  that  time  no  corrections  can  be  made. 

The  roll  was  called,  and  the  secretary  reported  as  not  answering  to  their 
names — Messrs.  Brown,  Hippie,  Hubbard,  May,  Perry,  Slough,  Stinson  and 
Simpson. 

correction  of  the  journal. 

The  journal  of  yesterday  was  read. 

Mr.  Foster.  ]\Ir.  President,  in  the  vote  taken  on  the  substitute  offered 
by  the  gentleman  from  Douglas  (Mr.  Thacher)  that  none  of  the  pro- 
visions of  the  article  on  education  should  be  extended  to  negroes  or  mu- 
lattoes,  I  am  recorded  as  voting  in  the  affirmative  on  laying  it  on  the  table. 
I  did  not  so  vote,  or  was  mistaken  as  to  what  I  was  voting  on.  I  desired 
to  vote  for  the  substitute,  and  not  to  table  it.  The  vote  does  not  stand 
as  I  desire  it. 

I\''^r.  Lillie.  My  motion  is  reported  as  being  only  to  strike  out  the  word 
"agriculture,"  when  the  fact  is.  mv  motion  was  to  strike  out  the  word 
■'agriculture"  and  insert  "industrial." 

county  seats  and  county  lines. 

The  President.  The  clerk  will  make  the  corrections.  The  biisiness  be- 
fore the  Convention  at  the  hour  of  adjournment,  was  the  consideration  of 
the  article  on  county  and  township  business.  An  amendment  to  section 
one  was  pending,  proposed  by  the  gentleman  from  Wabaunsee  (Mr. 
Ross).  The  amendment  was  to  strike  out  all  in  the  section  relating  to 
county  lines. 

Mr.  Lillie.  Mr.  President,  I  offer  the  following  substitute  for  the 
amendment : 

"Provision  shall  be  made  by  law  for  erecting  new  counties  and  the 
organization  thereof,  for  locating  county  seats,  and  for  establishing  and 
changing  county  lines;  provided,  that  no  portion  of  an  organized  county 
shall  be  attached  to  or  stricken  off  from  another  without  the  consent  of  a 
majority  of  the  legal  voters  residing  thereon." 

Mr.  Thacher.  I  suppose  it  would  rather  be  a  substitute  for  the  whole 
section. 

Mr.  Lillie.    I  offer  it  as  a  substitute  for  the  whole  section. 

Mr.  Griffith.  Mr.  President,  the  section  is  precisely  what  we  want — 
no  more  nor  no  less.  It  is  all  we  desire.  It  is  a  sufficient  protection  to 
counties  that  have  already  established  county  seats  and  built  their  county 
buildings,  anrl  leaves  an  opportunity  for  proper  clippings.    If  we  pass  the 


Saturday,  July  16,  1859.  225 

substitute,  it  will  be  impossible  to  clip  the  counties.  The  people  of  large 
counties  will  never  consent  to  have  any  portion  of  their  territory 'taken 
from  them,  not  even  when  it  is  necessary  for  the  convenience  of  the  people 
[*136]  residing  thereon.  I  suppose  *there  are  cases  where  persons  are 
oblised  to  go  twenty  miles  to  their  county  seat;  when,  if  stricken  off,  they 
might  not  be  compelled  to  go  more  than  five.  If  we  pass  the  substitute, 
it  would  be  a  bar  to  all  clipping,  because  those  principally  interested  gen- 
erally cannot  get  the  vote  of  a  majority.    I  prefer  it  as  it  now  stands. 

Mr.  LiLLiE.  If  the  question  be  taken  upon  the  article  as  it  stands  on 
the  secretary's  desk,  I  will  withdraw  my  substitute. 

Mr.  Thacher.  I  believe  the  article  as  read  by  the  clerk — as  it  now 
stands — is  just  what  we  all  want.  I  hope  the  article  will  be  allowed  to  re- 
main as  it  is. 

Mr.  BuRRis.  Mr.  President,  T  thought  of  offering  a  substitute,  but  I 
have  an  amendment  here  which  will  meet  the  end  I  desire  to  reach.  The 
amendment  will  be  this: 

"Nor  organize  a  new  county  or  change  the  lines  of  counties  already  ex- 
isting so  as  to  embrace  an  area  of  less  than  four  hundred  and  tliirty-two 
square  miles." 

The  President.  It  is  suggested  that  members  having  corrections  to 
make  in  the  official  reports  will  hand  them  to  the  messengers  or  sergeant- 
at-arms. 

Mr.  Blunt.  Mr.  President,  I  am  satisfied  with  the  section  as  it  now 
stands.  I  think  we  are  manifesting  a  great  want  of  confidence  in  our 
future  legislation  [Legislature?].  If  we  are  to  carry  out  all  the  detai's  of 
countv  matters,  we  had  better  abolish  our  Legislature  entirely,  and  go  to 
legislating  for  the  interests  of  the  people  of  the  Territory.  I  think  this 
matter  should  be  left  to  the  Legislature.  Every  gentleman  who  has  given 
this  matter  any  thought  knows  it  is  rather  a  complicated  question,  and  sur- 
rounded by  a  good  many  difficulties.  I  think  we  should  certainly  have  suffi- 
cient confidence  in  those  who  are  to  make  our  statutes  and  provide  for  the 
welfare  of  our  future  State,  to  trust  this  matter  in  their  hands.  I  shall 
vote  against  this  motion,  but  for  the  origmal  amendment. 

Mr.  BuRRis.  Mr.  President,  I  do  not  understand  that  my  amendment 
proposes  to  legislate.  It  is  merely  a  restriction  upon  the  Legislature,  just 
such  as  we  have  incorporated  in  other  articles  of  the  Constitution.  My 
understanding  is,  that  the  design  of  a  Constitution  is  to  establish  the 
fundamental  principles  upon  which  the  Legislature  of  the  State  is  based 
and  restricted.  The  substance  of  my  amendment  is  the  same  as  is  that 
incorporated  in  the  Constitution  of  the  State  of  Iowa,  with  which  I  am 
more  familiar  than  with  any  other  State  Constitution.  There  the  Legisla- 
ture is  prohibited  from  organizin-r  any  new  counties  with  an  area  of  less 
than  eighteen  by  twenty-four  miles;  and  I  will  state  that  I  know  that 
provision  has  given  entire  satisfaction  to  the  people  of  that  State.  Three- 
fourths  of  the  counties  in  Iowa  are  twenty-four  miles  square,  and  one- 
fourth  of  them  are  eighteen  by  twenty-four.  There  it  is  di^-ided  into 
townships,  as  it  is  here.  The  country  is  very  similar  to  this.  The  smallest 
counties  are  eighteen  by  twenty-four  miles  square,  and  that  is  the  smallest 
that  can  be  made  under  the  Constitution.  I  think  this  is  a  proper  restric- 
tion; and  eighteen  by  twenty-four  is  as  small  as  a  county  ought  to  be.  I 
first  thought  of  proposing  twenty-four  miles  square,  but  sometimes  it 
would  not  be  so  convenient  to  the  people.     I  think  there  would  be  no 

15 — 778 


226  Convention  Proceedings  and  Debates. 

necessity,  in  any  part  of  the  Territory,  to  organize  a  county  of  less  area 
than  four  hundred  and  thirty-two  square  miles.  Inasmuch  as  it  works  to 
the  satisfaction  of  all  in  Iowa,  I  have  no  doubt  but  that  it  would  be  satis- 
factory here.    I  hope  the  amendment  will  be  adopted. 

Mr.  Kingman.  Mr.  President,  I  believe  the  Convention  is  ready  for 
the  question,  but  I  am  not  right  certain  I  am.  I  wish  to  state  that  1  have' 
a  personal  and  local  interest  in  this  question,  and  from  thAt  consideration 
I  may  be  driven  to  wrong  conclusions.  Last  winter  we  found  that  we  were 
likely  to  acquire  a  Territory  which  would  change  the  whole  face  of  our 
[^137]  county  contrary  to  the  wish*es  of  four-fifths  of  the  residents  of  the 
county;  but  by  sending  a  special  messenger  to  the  Legislature  we  found 
out  and  headed  off  the  scheme.  I  propose  to  offer  an  amendment  to  stop 
that  constant  change  of  county  lines  and  breaking  up  of  county  seats.  It 
is  this: 

"The  Legislature  may  provide  by  law  for  the  organization  of  new 
counties,  locating  county  seats,  and  the  changing  of  county  Unes,  but  shall 
not  change  the  county  lines  or  county  seats  without  the  consent  of  a  ma- 
jority of  the  people  of  the  county  to  be  affected  thereby." 

I  offer  this  as  a  substitute  for  the  entire  section. 

Mr.  Hutchinson.  Mr.  President,  I  would  enquire  whether  these  same 
questions  have  not  been  settled  once  or  twice  by  the  Convention? 

The  President.  Very  nearly  the  same  have  been  dis])osed  of  at  previous 
sessions.  The  Chair  is  not  clear  of  the  right  to  rule  the  substitute  out  of 
order. 

Mr.  Blunt.  Mr.  President,  it  appears  to  me  the  gentleman  from  Brown 
(Mr.  Kingman)  proposes  the  same  matter  we  had  under  discussion  yester- 
day, and  which  was  voted  down  as  not  being  the  sense  of  the  Convention; 
and  the  same  difficulty  appears  that  is  found  in  the  first  section  as  re- 
ported by  the  Committee.  His  proposition  is  that  no  county  line  can  be 
changed  without  the  consent  of  a  majority  of  the  people  in  all  the  counties 
interested.  There  may  be,  as  I  have  stated,  and  as  is  frequentlv  the  case,  a 
change  of  county  lines  proposed,  which  would  interest  four  different  coun- 
ties, and  it  seems  to  me  if  the  proposition  of  the  gentleman  prevails,  that 
notwithstanding  a  majority  of  three  of  those  counties  interested  would  be 
in  favor  of  such  change,  still  they  are  debarred  from  making  such  a 
change  for  the  reason  that  a  majority  of  the  fourth  county  is  not  in  favor 
of  such  a  change.  It  was  in  view  of  this  difficulty,  and  of  the  imprac- 
ticability of  our  fixing  th's  matter  definitely,  that  I  proposed  to  leave  it  for 
future  legislation,  by  which  this  matter  of  the  change  of  county  lines 
misht  be  accomplished  satisfactorily  to  the  people;  and  which  I  believe 
can  be  better  done  by  the  Legislature. 

Mr.  Griffith.  I  am  one  of  those  who  believe  that  the  section  as  re- 
ported is  all  we  want.  Therefore,  in  order  to  test  this  matter,  1  move  to 
lay  the  pending  substitute  and  amendments  on  the  table. 

Mr.  Kingman.    Will  the  gentleman  withdraw  his  motion  for  a  minute? 

Mr.  Griffith.    I  will,  sir. 

Mr.  Kingman.  The  language  of  the  section  was  as  carefully  drawn  to 
obviate  the  objections  of  the  gentleman  from  Anderson  (Mr.  Blunt)  as  I 
thought  it  possible  for  it  to  be.  It  is  not  the  people  of  the  county  to  de- 
cide, but  a  majority  of  the  people  of  all  the  counties  interested. 

Mr.  Griffith.  There  is  no  county  established  but  that  the  who'e  county 
would  be  affected  by  cutting  off  a  portion  of  its  territory;  and  perhaps 


Saturday,  July  16,  1859.  227 

every  voter  thus  cut  off  would  desire  to  remain.  If  we  leave  the  matter 
with  the  Legislature,  of  course  these  things  will  enter  into  the  discussion  of 
the  question  and  the  matter  can  be  settled  more  satisfactorily;  and  sir,  to 
test  the  matter,  I  renew  my  motion  that  the  pending  amendments  and  the 
substitute  be  laid  on  the  table. 

The  yeas  and  nays  were  demanded  on  this  motion,  and  being  ordered 
and  taken,  resulted — yeas  19,  nays  24 — as  follows: 

Yeas— Messrs.  Burnett,  Blunt,  Crocker,  Button,  Graham,  Greer,  Grif- 
fith, Hutchinson,  Hoffman,  Lillie,  Lamb,  Middleton,  Moore,  McCuUough, 
Preston,  Stokes,  Townsend,  Thacher  and  Williams — 19. 
[*138]  *Nays— Messrs.  Arthur,  Brown,  Barton,  Burris,  N.  C.  B'ood, 
Foster,  Forman,  Hanway,  Houston,  Ingalls,  Kingman,  M^^Dowell,  McCune, 
McClelland,  Palmer,  Parks,  Porter,  Ritchie,  Signor,  Stinson,  Stiarwalt, 
Simpson,  J.  Wright,  Wrigley  and  T.  S.  \\^right— 24. 
;   So  the  Convention  refused  to  lay  the  amendments  on  the  table. 

Mr.  J.  Blood.  Mr.  President,  the  same  question  was  decided  yesterday. 
I  think  every  member  of  the  Convention  must  see  that  it  will  prevent  the 
minorities  from,  ever  obtaining  justice.  It  restricts  the  Legislature  and 
deprives  them  [it?]  of  the  power  of  ever  doing  justice  to  minorities. 

■  Mr.  Ritchie.  It  seems  to  me  the  same  objection  may  be  raised  to  this 
substitute  that  was  urged  against  the  report  of  the  committee — it  will 
allow  three-fourths  to  rule  the  one-fourth.  It  is  contended  from  one  quar- 
ter that,  the  counties  in  this  Territory  are  not  laid  out  on  township  lines, 
and  it  would  be  a  very  great  convenience  to  alter,  and  have  the  county 
lines  laid  on  township  lines,  and  every  county  to  keep  themselves  as  large 
as  possible.  It  is  not  to  be  presumed  that  a  county  will  vote  to  cut  off 
any  part  of  itself  notwithstanding  it  may  put  a  large  proportion  of  the 
inhabitants  proposed  to  be  cut  off  to  a  very  great  in'^onvenience  if  they 
are  ob'ieed  to  remain.  The  same  objection  will  be  raised  in  my  county. 
I  ^ould  have  no  objection  to  the  amendment  offered  by  the  gentleman  from 
Johnson  (Mr.  Burris)  if  county  lines  were  laid  out  on  township  tines,  but 
tlien  we  would  have  to  go  through  the  Territory,  and  lay  out  new  counties. 
And  if  we  were  to  do  this,  I  do  not  believe  the  counties  on  an  average 
would  be  as  low  as  four  hundred  and  thirty-two  square  mi'es.  And  I  do 
say  that  the  decision  ought  to  be  referred  to  a  vote  of  the  people  interested, 
whomiffht  wish  to  be  cut  off  and  added  to  another  county.  I  don't  be'ieve 
you  can  find  an  instance  where  a  majority  in  any  one  county  would  be  will- 
ing to  let  another  county  take  a  piece  off,  notwithstanding  it  would  be  a 
great  convenience  to  the  people  residing  on  it. 

The  President.  The  Chair,  on  referrins;  to  the  amendment  offered  by 
the  gentleman  from  Doniphan  (Mr.  Wrigley)  yesterday,  finds  that  it  is 
identical  with  this,  and  is  under  the  necessity  of  ruling,  that  the  amend- 
ment is  not  before  the  Convention. 

Mr.  Greer.  Mr.  President,  I  offer  the  following:  as  a  substitute  for  the 
whole  section.  The  Convention  has  already  decided  to  confer  the  power 
upon  county  boards,  and  I  think  it  should  remain  there: 

"No  new  County  shall  be  la'd  off  hereafter,  nor  old  County  reduced  to 
less  contents  than  four  hundred  and  thirty-two  snuare  miles;  leaving  the 
power  to  change  County  lines  and  seats  with  the  County  boards." 

Mr.  Graham.    I  move  to  lay  the  amendment  on  the  table. 
.;, The  motion  was  agreed  to. 
v,:Mr;..,  Burris.    Mr.  President,  as  there  have  been  so  many  amendments 


228  Convention  Proceedings  and  Debates. 

and  substitutes  offered,  I  think  it  would  be  well  to  have  the  section  and 
substitute  read.  (The  secretary  read  the  section  and  amendments).  It 
seems  to  me  that  is  now  extending  to  the  Legislature  all  the  power  that  is 
proper  to  protect  the  rights  and  interests  of  the  people.  It  is  saying  that 
they  shall  provide  for  the  location  of  county  seats,  organization  of  new 
counties  and  changing  county  lines,  but  restricts  them  so  that  they  shall  not 
change  county  seats  without  a  majority  of  the  people  are  in  favor  of  it;  and 
that  there  shall  be  no  new  county  of  a  less,  area  than  four  hundred  and 
thirty-two  square  miles.  This  is  not  legislation,  as  has  been  intimated.  It 
is  merely  restriction;  and  I  cannot  see  any  valid  objection  to  this.  I  think 
that  it  is  no  more  than  we  ought  to  have  for  the  protection  of  the  interests 
of  all  the  parts  of  the  Territory. 

The  substitute  was  adopted,  upon  a  division — affirmative  24,  negative  12. 

Mr.  Ingalls.  I  wish  to  move  a  reconsideration  of  the  vote  by  which 
[*139]  the  amendment  of  *the  gentleman  from  Doniphan  (Mr.  Wrigley) 
was  lost  yesterday  forenoon. 

The  President.  The  gentleman  is  not  in  order.  The  question  is  upon 
the  adoption  of  the  section  as  amended. 

The  section  as  amended  was  adopted. 

Mr.  Ingalls.  I  now  renew  my  motion,  Mr.  President,  in  order  to 
bring  the  amendment  proposed  by  the  gentleman  from  Brown  (Mr.  King- 
man) before  the  Convention. 

The  President.  The  motion  can  hardly  be  entertained,  as  the  Conven- 
tion has  substantially  rejected  the  same  question  in  voting  for  the  adoption 
of  the  section.  The  Chair  is  unable  to  determine  any  manner  in  which 
the  question  can  now  be  reached.  The  whole  of  these  reports  will  again 
be  in  the  hands  of  the  Convention,  at  which  time  amendments  may  be 
made,  by  reconsideration. 

Mr.  Graham.  Mr.  President,  I  move  that  the  report  as  amended  be 
referred  to  the  committee  on  Phraseology  and  Arrangement. 

Mr.  Hutchinson.  I  move  to  strike  out  the  last  section.  If  we  cannot 
trust  the  Legislature  with  it  all,  we  cannot  with  this. 

The  President.  According  to  the  recollection  of  the  Chair  a  similar 
motion  was  lost. 

Mr.  Hutchinson.  We  may  as  well  provide  that  business  men  shall 
put  out  signs  in  front  of  their  houses. 

Mr.  Kingman.  Another  provision  was  necessary,  for  in  another  part 
of  this  Constitution,  under  the  Legislative  Department,  we  have  a  pro- 
vision  that  officers  may  be  removed  by  impeachment;  and  if  the  gentle- 
man will  consider,  he  will  see,  that  justices  of  the  peace,  without  the  ex- 
pression contained  in  this  section,  can  be  removed  in  no  other  way.  They 
can  be  removed  in  this  way  for  one  hundredth  part  of  the  expense  that 
would  attend  an  impeachment.' 

Mr.  Graham.    I  move  to  lay  the  motion  on  the  table. 

This  motion  was  agreed  to. 

The  report  of  the  committee  on  County  and  Township  Organization  was 
then  ordered  to  be  printed  as  amended,  and  referred  to  the  committee  on 
Phraseology  and  Arrangement. 

preamble  and  bill  of  rights. 

The  President.  The  Chair  will  state  that  the  report  of  the  Commit- 
tee on  Preamble  and  Bill  of  Rights  was  made  the  special  order  for  to-day. 


Saturday,  July  16,  1859.  229 

Mr.  Kingman.    I  move  that  we  take  it  up. 

The  motion  was  agreed  to. 

Mr.  Kingman.    I  move  that  we  go  into  committee  of  the  whole. 

The  motion  was  agreed  to. 

The  Convention  accordingly  resolved  itself  into  a  committee  of  the 
whole — Mr.  Stinson  in  the  Chair — and  proceeded  to  the  consideration  of 
the  report  from  the  committee  on  Preamble  and  Bill  of  Rights. 

Mr.  Kingman.  I  move  that  it  be  read  and  considered  section  by 
section. 

The  Chairman.    If  no  objection  be  made  it  will  be  so  read  by  the  Clerk. 

The  first  section  was  read.  (The  report  is  printed  in  the  Proceedings 
of  Friday,  July  15th) . 

Mr.  Hutchinson.  In  the  twenty-fifth  line  instead  of  "parallel"  insert 
"meridian." 

The  Chairman.    If  there  is  no  objection  the  change  will  be  made. 

Mr.  McDowell.  I  would  enquire  whether  the  boundaries  given  here 
are  the  same  as  those  in  the  organic  act? 

Mr.  Hutchinson.  They  are  the  same  except  the  western;  which  is 
so  fixed  that  we  are  four  hundred  and  seventy-five  miles  from  east  to 
west.  I  would  also  state  that  there  was  an  effort  made  to  put  the  western 
boundary  where  the  natural  boundary  is.  After  diUgent  enquiry,  it  was 
ascertained  that  the  one  hundredth  meridian  west  would  be  in  a  country 
which  is  at  present  being  settled;  the  one  hundred  and  first  will  probably 
be  settled,  but  at  the  one  hundred  and  second,  or  twenty-five  degrees  west 
[*140]  from  boundary,  it  was  believed  was  placed  upon  a  natural  san-dy 
divide,  where  no  part  of  the  population  would  be  ciit  off  that  wanted  to  be 
with  us.  There  was  another  objection  to  placing  it  upon  the  meridian  given 
in  our  organic  act.  By  going  one  degree  further  we  strike  the  boundary 
of  New  Mexico.  By  this  division  it  leaves  a  niche  of  sixty-seven  miles  be- 
tween the  western  boundary  of  Kansas  and  the  eastern  boundary  of  New 
Mexico.  The  proposed  State  of  Jefferson  proposes  to  take  some  from  New 
Mex-ico,  some  from  Nebraska,  and  probably  some  from  us:  certainly  there 
is  no  argument  bearing  against  this.  It  is  believed  this  is  the  true 
boundary. 

Mr.  McDowell.  Mr.  Chairman,  I  offer  as  an  amendment  to  that  part 
of  the  preamble  just  read,  the  following  additional  fines: 

"Provided,  however,  that  if  the  people  of  Southern  Nebraska,  embraced 
between  Platte  River  and  the  Northern  boundary  of  Kansas,  as  established 
by  Congress,  agree  to  the  same,  a  vote  is  to  be  taken  by  them,  both  upon  the 
question  of  boundary  and  upon  this  Constitution,  at  the  time  this  Consti- 
tution is  submitted  to  the  people  of  Kansas,  and  provided  Congress  agree 
to  the  same,  the  boundaries  of  the  State  of  Kansas  shall  be  as  follows: 
Beginning  at  a  point  on  the  western  boundary  of  the  State  of  Missouri 
where  the  thirty-seventh  parallel  of  North  latitude  cro.sses  the  same; 
thence  west  with  said  parallel  to  the  twenty-fourth  meridian  of  longitude 
west  from  Washington;  thence  north  with  said  meridian  to  the  middle  of 
the  South  Fork  of  the  Platte  river;  thence  following  the  main  channel  of 
said  river  to  the  middle  of  the  Missouri  River;  thence  with  the  middle  of 
the  Missouri  river  to  the  mouth  of  the  Kiinsas  River;  thence  south  on  the 
western  boundary  line  of  the  State  of  Missouri  to  the  place  of  beginning." 

Mr.  Graham.    I  move  to  lav  it  on  the  table. 


230  Convention  Proceedings  and  Debates. 

Mr.  Prest.  Winchell.  Mr.  Chairman,  I  trust  no  such  motion  will  be 
made.  The  subject  is  one  which  has  elicited  a  great  deal  of  attention,  and 
some  feehng,  and  it  is  proper  that  some  opportunity  be  offered  for  its  dis- 
cussion. 

Mr.  Graham  withdrew  his  motion. 

Mr.  Greer.  Mr.  Chairman,  I  move  to  di\ade  the  question  so  as  to  take 
the  question  first  on  the  western  boundary.  I  desire  to  keep  the  western 
and  northern  boundary  questions  separate. 

Mr.  President  Winchell.  All  questions  are  susceptible  of  division, 
except  to  strike  out  and  insert. 

The  Chairman.    The  Chair  will  rule  that  the  motion  is  in  order. 

The  motion  was  agreed  to  and  the  division  ordered. 

President  Winchell.  Mr.  Chairman,  if  the  gentleman  will  withdraw 
his  proposition  it  would  come  in  more  appropriately  after  the  western 
boundary  question  is  settled. 

Mr.  McDow^ELL.    I  will  withdraw  it  for  the  present. 

Mr.  Burris  moved  to  strike  out  the  words  "twenty-fifth  parallel"  and 
insert  in  lieu  thereof  the  words  "twenty-third  meridian." 

Mr.  Wrigley.  Instead  of  "twenty-fifth  parallel"  read  "twenty-fourth 
meridian." 

Mr.  J.  Blood.  Mr.  Chairman,  I  do  not  regard  the  difference  of  one 
meridian  as  of  very  great  importance.  I  am  not  very  particular  about 
the  western  boundary  being  at  the  twenty-fourth  or  twenty-fifth  meridian. 
I  would  prefer  the  twenty-fifth,  and  if  gentlemen  will  make  a  calculation 
they  will  find  that  it  is  not  extending  our  State  unreasonably  in  that  direc- 
tion— about  four  hundred  miles.  1  never  examined  the  question  much 
until  this  morning.  The  country  out  there  will  not  be  settled  for  a  long 
time,  and  is  not  of  much  particular  value.  I  think  the  proposition  sub- 
mitted by  the  Committee,  is  a  fair  one. 

Mr.  Griffith.  1  would  enquire  whether  any  gentleman  here  can  tell 
what  the  exact  length  of  a  degree  of  longitude  is  in  this  parallel? 

Voices.  "Fifty-six."  "Fifty-five." 
[*141]  Mr.  Griffith.  I  believe  it  is  fifty-six,  and  *that  would  give  us 
an  extent  of  territory  of  about  four  hundred  and  ten  miles.  Put  it  on  the 
twenty-fourth  and  we  would  have  about  three  hundred  and  fifty  miles  in 
round  numbers.  This,  I  presume,  will  be  the  natural  divide.  I  would  be 
in  favor  of  the  twenty-fourth  rather  than  the  twenty-fifth,  and  I  am  not 
certain  that  I  should  be  opposed  to  putting  it  at  the  twenty-third. 

Mr.  Thacher.  I  understand  that  a  large  portion  of  this  western  region, 
from  the  23rd  or  24th,  is  a  m'seraWe,  uninhabited. reo-ion.  The  only  ques- 
tion is  whether  we  shall  inchide  within  our  boimdaries  a  tract  of  country 
that  is  not  valuable  to  us,  and  confer  upon  it  the  benefits  of  government  at 
our  expense.  I  think  either  degree  will  probably  be  satisfactory  to  the 
people  generally.  I  am  opposed  to  going  farther  than  the  25th.  A  com- 
pact territory  of  good  arable  land  is  better  than  to  be  extended  over  a 
wild  region.  Those  of  us  who  have  read  Horace  Greeley's  letters  from 
that  region,  and  conversed  with  gentlemen  who  have  been  there,  are  of  the 
opinion  that  that  portion  of  the  territory  is  not  at  all  inviting. 

Mr.  Burris.  Mr.  Chairman,  in  moving  to  amend  by  making  the  west- 
ern boundary  the  23d  instead  of  the  25th  meridian,  I  did  so  for  different 
reasons.    I  thought,  in  the  first  place,  that  would  give  us  sufficient  area, 


Saturday,  July  16,  1859.  231 

as  I  understood  from  the  Chairman  of  the  Connnittee  that  would  make 
Kansas  about  475  miles  in  width. 

Mr.  Hutchinson.  I  was  not  correct  in  that  estimate — 415  is  nearer 
to  the  24th  degree. 

Mr.  BuRRis.  By  reducing  it  to  the  23d,  we  would  make  it  someth'ng 
more  than  300  miles  from  east  to  west,  and  210,  north  and  south.  That 
would  be  a  large  State — sufficiently  larse — and  in  addition  to  that  it 
would  then  be  nearly  all  arable  land,  all  capable  of  sustaining  a  dense  pop- 
ulation— an  excellent  agricultural  State.  Another  reason  which  presents 
itself  to  my  mind  in  favor  of  limiting  to  the  23d  meridian  is  this:  there  is 
to  be  a  State  formed  out  of  the  western  portion  of  the  Territory  of  Kansas, 
to  which  there  will  perhaps  be  added  a  portion  taken  from  the  north- 
eastern corner  of  New  Mexico.  If  that  is  the  case  the  summit  of  the  Rocky 
Mountains  will  be  the  western  boundary  of  that  State;  and  the  western 
boundary  of  the  State  of  Kansas  would  be  their  eastern  boundary.  It 
seems  to  me  the  23d  meridian  would  be  just  about  right.  Taking  a  suffi- 
cient slice  out  of  New  Mexico  to  square  the  Territory  of  Kansas,  and  then 
dividing  it  North  and  South  upon  the  23d  meridian;  cut  that  in  two  in 
the  centre;  take  the  eastern,  and  leave  the  western  for  the  prospective 
State  of  Jefferson;  and  we  would  still  be  longer  east  and  west  than  north 
and  south;  leaving  Jefferson  about  the  same  size  and  exactly  the  same 
shape.  This  would  leave  our  territory  all  good;  with  no  land  of  any  con- 
sequence but  that  would  be  susceptible  of  cultivation,  and  capable  of  sus- 
taining a  dense  population.  Taking  our  own  interests  into  consideration, 
and  inridentally  the  interests  of  the  proposed  new  State,  I  would  prefer 
the  23d  to  the  24th  meridian;  but  I  am  opposed  to  going  farther  west  than 
the  26th. 

Mr.  Wrigley.  Having  made  a  more  particular  examination  of  the 
map,  and  not  feeling  any  special  interest  in  fixing  the  boundary  on  the 
.24th  meridian,  I  will  withdraw  the  amendment  1  offered. 

Mr.  Hutchinson.  Mr.  Chairman,  I  have  been  listening  with  great 
attention  to  find  out  some  reason  for  any  amendment  to  the  boundary 
proposed  by  the  Committee,  and  thus  far  have  been  unable  to  find  any 
for  putting  our  boundary  further  east  than  the  25th  meridian.  It  would 
certainly  be  the  choice  of  every  member  of  the  Committee  to  place  it 
where  it  should  be  to  accommodate  the  settlers.  It  is  simply  a  question 
of  fact  as  to  how  far  west  this  section  of  country  can  be  inhabited — how 
far  there  is  timber,  water  and  grass.  It  is  evident  that  if  we  place  it  at 
the  23d  or  24th  meridian,  that  we  shall  cut  off  a  population  that  will  be 
greatly  discommoded  at  some  future  day  to  travel  to  meet  settlements 
[*142]  near  the  Rocky  Mountains.  *That  should  be  the  governing  in- 
fluence in  the  direction  of  our  votes.  We  are  expecting  a  grant  of  land 
from  Congress.  That  will  call  for  alternate  sections,  in  all  probability; 
so  the  further  westward  our  boundary  shall  go  the  greater  the  number  of 
acres  of  land  we  shall  get.  If  it  is  uninhabited  entirely,  it  will  never  be 
worth  a  dollar,  we  have  nothing  to  pay  on  it — we  have  neither  to  pay 
taxes  on  it  nor  build  fences  around  it.  There  is  no  loss,  and  I  think  there 
is  no  gain. 

Mr.  Houston.  Mr.  Chairman,  I  desire  to  offer  an  amendment.  Strike 
out  after  the  word  "westward"  where  it  first  occurs,  and  have  it  read: 
"First — Commencing  on  the  Missouri  State  line,  at  some  point  south  of 
the  fourth  standard  parallel  line,  and  traversing  southern  Kansas  west- 
wardly.    Second — Commencing  at  some  point  on  the  Missouri  river,  or 


232  Convention  Proceedings  and  Debates. 

Missouri  State  line,  and  traversing  central  Kansas  westwardly.  Third — 
Commencing  at  some  point  on  the  Missouri  river  and  traversing  northern 
Kansas  westwardly.  Fourth — Commencing  at  some  point  on  the  Missouri 
river,  and  running  southerly  in  the  direction  of  the  Gulf  of  Mexico.  Pro- 
vided, That  should  the  alternate  sections  along  the  lines  of  said  railroads 
be  disposed  of,  an  equal  number  of  sections  shall  be  selected  from  any 
other  public  lands  contiguous  to  said  railroads — snid  lands  to  be  reserved 
and  conveyed  to  the  State  for  the  purpose  of  aiding  in  the  construction 
of  said  railroads  under  such  rules  and  restrictions  as  may  hereafter  be 
prescribed  by  law." 

I  propose  to  sustain  that  amendment.  I  am  aware  that  I  shall  prob- 
ably be  largely  in  the  minority  here,  but  it  seems  to  me  there  are 
some  considerations  to  which  we  should  at  least  give  a  little  attention. 
If  the  subject  has  no  merit  at  all,  of  course  it  is  not  entitled  to  any  atten- 
tion; but  it  does  seem  to  me  there  are  arguments  in  favor  of  extending 
our  boundary  westward;  and  I  should  be  recreant  to  my  duty  were  I 
not  to  present  these  arguments.  I  shall  be  as  brief  as  I  can.  I  have 
learned,  for  the  first  time,  and  with  astonishment,  of  a  case  where  a  con- 
vention has  assembled,  or  whenever  there  has  been  a  move  made  by  the 
people  in  defining  their  boundaries,  they  were  benevolent  enough  to  give 
away  one-half  their  territory!  We  are  so  kind  to  others  that  we  are 
\\aUing  to  give  away  one-half  of  our  territory;  and  it  is  the  first  circum- 
stance of  the  kind  I  know  anything  about.  Were  we  to  do  it  as  indi- 
viduals— were  we  to  give  away  one-half  our  fortunes — we  would  be  charged 
with  insanity.  In  doing  this  thing,  we  should  have  good  reasons  for  doing 
it.  We  shall  place  ourselves  upon  the  record,  and  will  have  to  settle  with 
the  people  for  this  extensive  liberality. 

Mr.  J.  Blood.  (Interrupting).  How  long  have  we  owned  this  fortune 
that  is  proposed  to  be  given  away? 

Mr.  Houston.  I  understand  that  in  the  act  organizing  the  Territories 
of  Kansas  and  Nebraska,  Congress  indicated  certain  lines  for  our  bound- 
aries, and  the  Unes  for  Kansas  are  precisely  the  lines  I  have  presented  in 
my  amendment.  These  lines  have  been  sustained  by  two  former  Con- 
ventions in  this  Territory ;  but  it  seems  to  me  we  come  almost  unanimously 
to  conclude  we  will  divide  this  Territory.  We  don't  own  a  foot  of  soil 
only  as  we  get  our  title  from  government.  I  believe  Congress  is  willing 
to  grant  anything  that  is  sensible  and  right,  and  were  we  to  extend  our 
boundaries  to  the  summit  of  the  Rocky  Mountains,  it  would  never  in- 
terfere. I  pledge  my  word  and  position  for  that.  Such  a  thing  has  not 
been  done  in  other  States,  and  why  should  it  be  done  here?  I  think  we 
have  some  claims  upon  this  territory:  at  least  if  we  give  it  up  Congress 
will  not  give  it  back  to  us.  It  is  as  much  given  away,  as  if  it  actually  be- 
lon'^ed  now.  It  may  not  be  a  sufficient  argument  to  say  we  are  liberal. 
While  Congress  is  discussing  the  question  of  a  Pacific  Railroad,  I  think 
there  is  a  question,  the  consideration  of  which  ought  to  present  itself  to 
[*143]  the  mind  of  every  man,  and  that  is,  whether  it  is  not  prop*er 
to  take  advantage  of  our  position.  If  we  can  get  the  boundary  desig- 
nated by  Congress  in  the  Kansas-Nebraska  bill,  and  get  a  road  to  the 
mountains,  I  ask  if  it  is  not  a  question  of  some  magnitude  whether  Kansas 
shall  not  have  the  grand  Pacific  Railroad  of  the  country.  I  tell  you  there 
is  more  in  getting  the  line  from  the  Missouri  river  to  the  Rocky  Moun- 
tains than  many  men  think.  Suppose  you  go  on  and  adopt  the  25th 
meridian,  you  leave  Kansas  some  three  hundred  miles  from  the  moun- 
tains.   It  might  do,— but  is  it  wise?    I'd  rather  have  it  go  to  those  regions 


Saturday,  July  16,  1859.  233 

of  gold.  I  am  a  believer  in  the  theory  that  there  is  gold  there  in  abundance. 
Now  is  the  time  to  concentrate  our  energies  and  secure  this  one  grand 
object  in  advance,  and  then  those  other  objects  will  follow.  Kansas  is 
removed  from  the  seaboard,  and  while  the  seaboard  States  may  have 
been  formed  arbitrarily,  Kansas  must  make  her  boundaries  by  a  line  of 
policy.  Secure  this  grand  Pacific  thoroughfare  and  you  can  make  north, 
south,  east  and  west  tributary  to  you.  Shall  we  curtail  our  boundaries, 
and  lose  four  or  five  hundred  miles  of  this  road?  Suppose  there  is  no 
gold  in  the  mountains,  if  we  get  the  railroad  that  will  be  sufficient.  For 
one,  I  feel  like  taking  advantage  of  my  position.  I  am  unwilling  to  yield 
up  any  portion  of  this  territory.  We  are  told  this  territory  is  too  exten- 
sive. Figures  are  better  than  surmises.  California  has  188,982  square 
miles;   Oregon  170,230  square  miles.     Oridnally  Oregon  contained  360,- 

000  square  miles  and  a  little  over;  the  State  occupies  more  than  half  that; 
but  divide  by  two  and  that  gives  you  170,000.  Texas  has  325,000  square 
miVs;  and  can  you  divide  Texas  to-day?  No,  sir,  the  slave  power  is 
unable  to  do  it.  You  can  no  more  do  it  than  you  can  divide  a  bag  of 
beans.  Minnesota  has  140,000  square  miles.  The  Territory  of  Kansas,  it 
is  computed,  contains  only  112,000  square  miles,  and  we  propose  to  give 
one-half  of  it  away.  If  it  were  200,000  square  miles  I  should  still  insist 
upon  it.  I  came  to  Kansas  to  make  a  home,  and  I  want  a  home  worthy  of 
the  name.  I  am  not  afraid  of  the  State  being  too  large;  I  go  in  for  large 
arrangements.  We  have  almost  one-third  of  this  territory  alreadj'  covered 
with  Indian  reservations.  There  is  a  vast  amount  of  Indian  territory 
here,  some  of  which  we  will  get  control  of  and  some  we  will  never  ret  con- 
trol of.  You  ask  Congress  to  give  you  a  title  grant  of  land!  Why  ask 
Congress?  If  you  want  liberal  things  you  must  act  as  though  you  wanted 
them.  If  you  want  to  do  something  that  is  grand  and  magnificent,  then 
take  in  a  corresponding  area,  and  show  that  you  understand  your  posi- 
tion— that  you  intend  to  make  a  great  State  and  want  a  magnificent  grant 
of  land.  If  you  go  to  Congress  and  ask  for  a  small  State,  they  will  give 
you  a  small  grant  of  land.  Minnesota  and  larger  States  have  more  land 
than  smaller  ones. 

Mr.  Thacher.  (Interrupting).  I  understand  the  western  boundary 
the  gentleman  proposes  is  the  summit  of  the  Rocky  Mountains. 

Mr.  Houston.  Yes  sir,  I  want  to  go  just  as  far  as  I  can  go.  A  vast 
portion  of  this  territory  is  prairie  country,  and  won't  be  settled  for  some 
time.  If  you  want  to  settle  it  you  must  give  value  to  it  by  obtaining  good 
grants  of  land,  and  making  inducements  for  men  to  get  timber.  You  must 
go  to  the  mountains  and  get  pine,  with  which  to  fence  and  build  on  vour 
beautiful  prairies;  but  if  you  give  away  your  prairies,  and  give  those 
thoroughfares,  into  the  control  of  other  people  (who  1  trust  will  be  wiser 
than  we  in  this  matter),  how  are  you  going  to  accomplish  this?  I  believe 
what  I  propose  is  for  the  best  interests  of  the  whole  Territory  of  Kansas. 

1  happen  to  belong  to  that  class  of  men  who  don't  feel  much  confidence  in 
that  thing  called  humanity.  I  once  thought,  when  a  boy,  that  brothers 
and  friends  could  not  be  brought  in  deadly  strife.  The  thought  of  such  a 
thing  I  could  not  indulge,  even  for  a  moment.  Experience  has  taudit  me 
the  uncertainty  of  human  affairs,  and  of  this  thing  called  humanity.  I 
do  not  know  but  the  day  is  coming — indeed  I  might  say  I  beheve  that  the 
[*144]  day  is  coming  when,  we  *will  need  no  slight  defenses  round  about 
\js;  (God  grant  we  may  never  see  it) ;  but  then  we  will  need  no  small 
amount  of  territory  as  our  home.  This  nation  will  be  wrapt  in  fearful 
conflict.     I  speak  of  its  position  in  reference  to  collisions  of  State  with 


234  Convention  Proceedings  and  Debates. 

State.  God  grant  I  may  never  see  that  hour,  but  that  hour  will  come,  I 
fear.  What  kind  of  a  State  would  we  like  to  have  in  that  hour?  A  httle 
State? — limited  boundaries?  Sir,  I  would  like  to  make  a  magjiificent 
home,  and  leave  my  family  in  good  moral  and  political  circumstances. 
For  this  reason  I  am  unwilling  to  leave  them  in  a  small  State.  We  may 
need  territory  in  the  hour  of  danger.  Whenever  that  hour  comes  the 
little  States  will  be  dependent  upon  the  larger  ones.  It  seems  to  me  we 
are  the  last  State  in  the  Union  that  ought  to  think  of  curtailing  a  single 
foot  of  territory.  I  would  rather  add  on,  \mtil  I  could  control  the  des- 
tinies of  the  nation,  in  a  great  degree.  I  would  add  until  I  brought  to  this 
frontier  the  capital  of  the  whole  empire.  There  is  a  magnificent  idea  con- 
nected with  this  subject;  but  I  have  already  spoken  too  long.  If  you  inm 
the  boundary  up  the  Platte  and  extend  it  to  the  Rocky  Mountains,  will 
Congress  dare  to  attempt  to  add  a  portion  of  our  territory  south?  Will 
a  Republican  House  of  Representatives  vote  to  take  a  portion  of  this 
country  and  give  it  to  the  South,  without  the  consent  of  the  people?  Will 
the  Douglas  party  in  Congress  do  it?  If  it  were  to  do  such  a  thing,  it 
would  be  the  perfect  annihilation  of  that  party.  There  is  no  such  fear; 
for  the  Democratic  party  dare  not  do  it;  never — no,  never.  The  question 
is  settled;  we  have  the  field  before  us;  and  now  it  remains  for  us  to  choose 
and  prepare  for  the  future  glory  of  the  State. 

The  Chairman.  Does  the  fifteen  minute  rule  of  the  Convention  apply 
to  the  committee  of  the  whole  ? 

]\Ir.  President  Winchell.  Ever^^thing  does  that  can,  in  the  nature  of 
things. 

Mr.  Griffith.  Mr.  Chairman,  I  presume  we  shall  divide  upon  two 
lines — the  23d  and  the  26Th  meridian;  and  in  order  to  bring  the  Conven- 
tion to  a  direct  vote,  I  offer  a  substitute. 

The  Chairman.  It  is  hardly  in  order;  there  are  now  two  amendments 
before  the  Convention. 

Mr.  President  Winchell.  Mr.  Chairman,  I  question  whether  that 
can  be  in  order.  If  we  had  the  entire  section  under  debate,  a  substitute 
for  the  entire  section  might  be  in  order.  It  seems  to  me  that  it  is  out  of 
order. 

The  Chairman.    The  chair  will  rule  the  amendment  out  of  order,  then. 

Mr.  McDowell.  Mr.  Chairman,  I  did  not  intend,  sir,  as  it  is  an  rm- 
comfortable  state  of  atmosphere  in  this  hall,  to  say  anything;  but  as  a 
vote  is  about  to  be  taken  upon  a  very  important  question,  I  propose  to 
submit  briefly  my  views  upon  th-s  question  and  upon  the  amendment  pro- 
posed by  the  gentleman  from  Riley  (Mr.  Houston).  I  shall  not  hmit 
myself  to  the  single  question  embraced  in  the  amendment,  but  shall  make 
some  observations  upon  the  general  question  before  the  committee  of  the 
whole.  I  regard  this  question  of  boundary  of  as  much  importance,  per- 
haps more,  than  any  one  that  will  come  before  us  for  our  deliberation,  and 
I  desire  to  look  at  the  question  devoid,  if  possible,  of  any  local  feeling  or 
political  prejudice,  and  to  view  it,  as  it  seems  to  me  this  question  ought  to 
be  viewed,  with  all  the  enlarged  patriotism  and  statesmanship  that  I  can 
command.  And  I  desire  every  gentleman  in  the  hall  shall  do  the  same.  I 
make  no  great  claims,  but  in  so  far  as  I  am  able  I  propose  to  have  these 
considerations  operate  upon  me  in  the  vote  I  am  about  to  give.  I  have 
said  that  no  question,  perhaps,  is  as  important  as  this.  As  far  as  the  ques- 
tion of  western  boundary  is  concerned,  I  do  not  agree  with  my  friend  from 
Riley.    Between  the  meridian  that  is  proposed  by  the  committee  on  the 


Saturday,  July  16,  1859.  235 

Preamble  and  Bill  of  Rishts  and  the  meridian  proposed  by  the  gentleman 
[*145]  from  Johnson  (Mr.  Burris)  and  the  *one  suggested  by  the  gentle- 
man from  Riley — between  the  latter  and  the  former  there  is  a  large  tract 
of  sterile  land.  The  latter  proposition  would  be  giving  us  an  extent  of 
western  boundary  that  is  not  desirable  on  that  ground.  The  only  wealth 
embraced  in  the  territory  included  in  the  boundary  suggested  by  the 
gentleman  from  Riley,  is  mineral  wealth.  Whilst  I  believe  with  him  that 
there  is  gold  there  in  abundance,  and  I  believe  that  contributions  from 
these  mines  will  greatly  increase  our  physical  prosperity,  I  do  not  feel  that 
it  is  necessary  to  have  that  district  embraced  within  our  western  boundary 
in  order  to  secure  that  result.  It  will  inevitably  flow  to  us.  An  objection 
to  incorporating  this  part  of  the  Territory  is  to  be  found  in  the  character 
of  the  population  that  will  occupy  that  region — their  difference  of  pur- 
suits presenting  a  people  not  homogeneous,  whose  wants  will  be  different 
and  very  little  in  common  with  ours.  I  do  not,  for  one,  propose  to  em- 
brace that  population  within  our  boundaries.  Inasmuch,  as  it  has  been 
indicated  that  there  will  be  a  new  Territory  established  in  that  redon — a 
proposition  emanating  from  those  people  who  desire  it,  and  received  favor- 
ably at  Washington — I  think  it  a  proposition  which  will  be  carried  out, 
whether  we  incorporate  that  district  in  our  western  boundary  or  not.  The 
western  boundary  proposed  by  the  gentleman  from  Riley,  embraces  a 
sterile  country  that  never  can  be  brought  into  a  condition  of  agricultural 
or  physical  wealth,  or  of  much  importance  to  this  people,  and  it  makes  our 
western  boundary  too  far  west.  It  gives  us  too  many  miles  to  travel  over, 
and  would  make"  it  inconvenient  for  a  State  government  to  operate  upon 
such  an  extent  of  country.  Their  population,  in  the  new  Territory,  will 
be  soon  perhaps  superior  to  ours  in  point  of  numbers.  1  believe  there  will 
be  a  mining  population  of  a  hundred  thousand  people  in  a  very  brief 
period,  chiefly  voters.  That  people,  if  embraced  in  our  State  limits,  with- 
out contributing  especially  to  the  support  of  the  State  government,  would 
be  able  to  control  the  operations  of  the  State  government,  and  therefore  I 
am  opposed  to  embracing  them  within  our  State  limits. 

In  the  question  of  our  northern  boundary,  I  feel  a  deep  interest,  and 
if  I  have  known  my  own  heart,  I  have  waived  every  particle  of  political 
prejudice  and  partisan  proclivity.  As  the  question  presents  itself  to  me, 
as  one  of  the  framers  of  the  organic  law  of  this  Territory,  it  is  one  that 
is  to  control  for  years  the  destinies  of  this  Territory.  Looking  at  it  in 
that  lisht,  I  feelthat  it  does  devolve  upon  this  people  to  receive  that 
magnificent  strip  of  country  lying  between  the  southern  boundary  of 
Nebraska  and  the  Platte  river.  I  think,  sir,  that  we  ought  to  receive  it 
because  it  presents  a  natural  northern  boundary,  fixed  by  the  Great  Archi- 
tect of  the  Universe;  and  inasmuch  as  it  is  the  natural  boundary,  I  think 
that  is  the  best  reason  for  adopting  it.  I  think  we  ought  to  embrace  it, 
because  thereby  we  will  have  a  population  rich  in  its  intelligence,  in  its 
energy,  and  in  its  pecuniary  resources — a  population  that  will  work  with 
us  in  developing  the  resources  of  this  State.  Thus  situated,  we  are  in  the 
geographical  centre  of  this  country,  which  is  to  be  second  to  none  in  its 
agricultural  wealth,  its  beauty,  its  richness  of  soil,  and  in  the  diversified 
character  of  its  productions.  We  should  not  then,  when  this  question  does 
present  itself,  ignore  or  disregard  it,  because  there  may  be  some  local 
prejudice  or  some  political  feeling  leading  us  that  way.  If  we  reject  it 
we  m.ay  never  have  an  opportunity  to  pass  upon  that  question  again.  It 
seems  to  me  to  be  most  extraordinary,  sir,  for  the  representatives  of  the 
people  here,  who  should  be  desirous  of  framing  a  magnificent  Constitution 


236  CoNN^NTiON  Proceedings  and  Debates. 

for  a  magnificent  State,  to  hesitate  to  receive,  when  it  is  tendered  to  them 
— 2;enerousIy  tendered — such  a  magnificent  strip  of  territory,  poniilated, 
[*146]  culti*vated,  and  at  once  contributing  towards  sustaining  the 
burdens  of  government,  and  towards  everything  that  is  calculated  to  make 
this  a  great  and  glorious  State.  What  objection,  sir,  can  there  be  in  re- 
ceiving this  gift  that  is  tendered  to  us?  What  sound  objection?  Are  the 
people  who  inhabit  it  different  from  the  people  of  other  parts  of  the  Ter- 
ritory? are  they  not  a  homogeneous  people?  and  are  not  our  pursuits 
similar?  Can  this  State  of  Kansas  ever  assume  any  other  character  than 
that  of  an  agricultural  State?  And  if  it  is  intended  that  it  must  assume 
that  character,  why  should  we  object  to  receiving  a  strip  of  country  as 
rich,  if  not  richer  than  any  we  have,  populated  by  a  people  as  industrious 
as  any  we  are  likely  to  have,  and  who  ask  at  our  hands  that  they  may 
be  embraced  in  the  organic  law  we  are  assembled  to  frame?  I  can  con- 
ceive no  objection.  If  we  refuse  to  receive  this  territory,  because  the 
capital  may  not  be  located  here,  or  some  politician  may  not  be  enabled 
to  achieve  his  schemes  of  ambition,  the  people  will  hold  us  to  account  for 
it.  There  can  be  no  excuse  of  this  character  presented  to  this  people; 
they  will  not  exonerate  any  man  who  shall  be  influenced  to  vote  upon  this 
question,  by  such  flimsy,  weak,  local  considerations.  You  all  recollect, 
gentlemen,  that  when  the  general  government  first  proposed  to  annex  to 
the  United  States  a  strip  of  territory — the  Louisiana  purchase — there  was 
a  party  in  the  country  that  opposed  it.  It  was  urged,  that  while  the 
territory  itself  might  be  rich,  and  contribute  to  the  wealth  of  the  govern- 
ment, that  yet  it  was  contrary  to  the  spirit  and  letter  of  the  Constitution 
of  the  country.  That  argument  was  urged;  but  notwithstanding  that,  Mr. 
Jefferson,  who  then  controlled  the  administration,  seeing  the  natural  ne- 
cessities that  presented  themselves,  seeing  connected  with  the  acres  of  the 
northwest  this  magnificent  contribution  to  commerce,  and  that  there  was 
a  vast  thoroughfare  leading  to  the  gulf,  and  part  of  that  was  then  within 
the  power  of  a  foreign  government, — thus  placing  us  in  their  power  to  a 
certain  extent,  he,  disregarding  the  cry  of  anti-constitution,  carried  out  the 
measure;  and  there  has  not  been  found  a  single  American  citizen  who 
has  not  claimed  that  Jefferson  did  not  do  precisely  what  he  ought  to 
have  done.  That  country,  so  annexed,  did  contribute  more  than  any  other 
to  swell  the  prosperity  of  our  government.  So,  in  a  narrower  circle  of 
vision,  there  is  presented  to  us  a  portion  of  territory  contiguous  to  us — 
like  our  own — with  a  population  similar;  but  we  are  not  called  upon  to 
l)urrhase  it,  to  violate  any  Constitutional  provision,  nor  by  its  annexation 
to  disregard  the  feelings  of  any  portion  of  that  people;  and  yet,  forsooth, 
gentlemen  propose  to  refuse  it,  because  the  balance  of  power — political 
power — may  be  disturbed.  If  gentlemen  cannot  get  better  arguments  than 
this,  I  trust  they  will  not  have  the  hardihood  to  utter  them  upon  this 
floor.  We  should  not  view  this  question  as  politicians — we  should  view 
it  as  representatives  of  the  people,  assembled  here  to  do  that  which  may 
redound  to  their  greatest  good;  and  it  does  seem  to  me  no  gentleman  on  this 
floor  can  shut  his  eyes  to  the  possible  value  of  this  proposed  annexation. 
I  feel  that  it  is  not  necessar>'  for  me  to  go  over  the  special  arguments 
presented  in  favor  of  this  proposition  by  those  learned  gentlemen  from 
Nebraska,  and  enter  into  the  details  of  this  scheme.  I  shall  not  make  an 
argument  to  delegates  on  account  of  this.  I  will  simply  present  the  general 
question,  and  I  ask  that  this  tender,  generously  offered  to  us,  may  not  be 
refused. 

Mr.  President  Winchelt-.     (Interrupting).     Mr.  Chairman,  I  desire 
to  know  whether  we  are  to  chscuss  the  northern  or  western  boundary. 


Saturday,  July  16,  1859.  237 

Mr.  McDowell.  I  stated  that  I  did  not  propose  to  confine  myself 
to  either  of  the  propositions.  I  believe,  sir,  that  you  may  discuss,  in 
committee  of  the  whole,  anything  germane  to  the  matter  under  discussion; 
and  I  simply  assumed  to  myself  that  right. 

[*147]  Mr.  PREsmENT  Winchell.  The  gentleman  *would  be  correct 
had  not  the  Convention  decided  to  divide  the  question.  A  motion  was 
made  and  prevailed,  that  the  question  should  be  divided — that  the  western 
boundary  should  be  considered  separately  from  the  northern. 

Mr.  McDowell.  Mr.  Chairman,  the  gentleman  has  not  stated  the 
question  fairly.  The  proposition  of  the  gentleman  from  Shawnee  (Mr. 
Greer)  was,  to  divide  the  question,  and  act  upon  the  western  boundary 
first.  I  discussed  first  the  western  boundary  question,  and  then,  as  an  in- 
ducement to  fix  the  western  boundary  line  where  I  thought  it  ought  to  be. 
I  added,  that  the  northern  boundary  should  be  enlarged.  I  do  not  think 
by  the  terms  of  any  parliamentary  school  the  motion  of  the  gentleman 
from  Shawnee  embraces  a  limitation  of  debate. 

The  Chairman.  The  Chair  would  rule  that  both  gentlemen  are  out 
of  order. 

Mr.  President  Winchell.  I  object  to  the  ruling  of  the  Chair  very 
decidedly.  When  a  gentleman  is  disposed  to  rise  to  a  question  of  order,  it 
is  a  question  of  privilege;  there  is  no  question  as  to  whether  the  gentleman 
is  not  permitted  to  have  a  distinct  understanding  of  what  is  or  is  not  be- 
fore the  Convention. 

Mr.  Thacher.  If  the  debate  is  confined  to  the  western  boundary-,  I 
have  nothing  to  say;  if  not,  I  might  say  as  much  as  I  intend  to  now. 

The  Chairman.    The  Chair  is  now  disposed  to  give  the  largest  liberty. 

Mr.  Thacher.  Mr.  Chairman,  the  point  legitimately  before  us  is  the 
western  boundary,  and  on  that  question  I  imagine  we  are  nearly  unani- 
mous. I  do  not  propose  to  discuss  the  western  boundary.  The  question 
which  has  just  engaged  the  attention  of  the  Convention,  and  which  has  ex- 
cited already  considerable  debate,  is  one  which  I  also  admit  has  some  mag- 
nitude and  importance;  although  I  am  verj*  far  from  ascribing  to  it  the 
magnitude  ascribed  by  the  gentleman  who  advocated  it,  undoubtedly 
under  an  impression  of  my  mental  perception  of  its  importance.  Sir,  we 
listened  yesterday  to  two  learned  and  earnest  gentlemen,  and  to-day  to 
one,  urging  upon  this  Convention  the  adoption  of  the  north  Platte  River 
as  the  northern  boundary  of  the  proposed  State  of  Kansas.  Chief  among 
their  arguments  was  one  meeting  an  objection  which  they  supposed  would 
be  raised  in  consequence  of  the  political  character  of  the  country  proposed 
to  be  anne.xed;  and  we  have  been  invoked  by  all  the  powers  of  logic  and 
rhetoric,  to  ignore  the  political  aspect  of  this  case — to  lay  aside  whatever 
feehngs  might  arise  politically,  and  look  at  the  question  dispassionately. 
Now,  sir,  I  say  they  urge  an  impo.ssibility.  Had  these  gentlemen  from 
Southern  Nebraska  seen  the  sky  lurid  with  the  flames  of  their  burning 
homes,  the  soil  of  these  beautiful  prairies  crimson  with  the  blood  of  their 
brothers  and  fathers,  or  their  wives  and  children  flying  over  the  land  for  a 
place  of  refuge  from  crime  and  outrage;  had  they  also  known,  as  we  know, 
that  that  crime  and  outrage  was  committed  by  the  party  which  is  sub- 
stantially in  the  ascendency  in  this  portion  of  the  country  proposed  to  be 
annexed,  they  would  not  think  of  making  such  an  appeal  to  us.  The 
people  of  Kansas  have  suffered  unutterable  horrors  from  the  Democratic 
party,  and  they  have  just  emerged  into  the  light  of  liberty;  they  have 
broken  the  yoke,  and  severed  the  chain,  and  now  you  ask  them  to  place 


238  Convention  Proceedings  and  Debates. 

upon  their  neck  that  yoke  once  more.  But  that  can  never  be  done.  Never, 
never,  never.  If  there  was  no  other  consideration  but  that  this  annexation 
would  make  Kansas  Democratic,  I  should  oppose  it.  Sir,  before  I  would 
again  see  the  people  of  Kansas  brought  beneath  the  heel  of  that  oppression, 
I  would  oppose  it  till  I  sank  into  this  floor.  It  is  sufficient  for  me,  and  I 
believe  it  is  sufficient  for  every  Republican  in  Kansas  to  be  satisfied  upon 
one  point,  and  that  is:  it  would  once  more  subject  us  to  the  unbearable 
oppression  of  the  Democratic  party.  Gentlemen  must  remember  that 
this  is  the  first  time  in  the  history  of  Kansas,  that  Southern  Kansas 
[*148]  *has  been  represented  in  any  deliberative  body.  Think  you,  sir, 
that  the  people  who  have  just  escaped  from  a  prison-house  that  has  kept 
them  so  long,  can  desire  to  re-enter  the  clammy  dungeon?  Ask  the 
apprentice  who  has  been  driven  by  the  lash  of  his  taskmaster  till  his  ma- 
jority, to  turn  back  five  years  of  his  life!  You  might  just  as  well  ask  the 
people  of  Kansas  to  go  back  and  place  themselves  beneath  the  rule  of 
that  power  which  has  oppressed  them.  We  have  seen  enough  to  indicate 
to  us  that  the  heart  of  that  party  is  the  same  now  that  it  ever  has  been; 
the  same  hatred  of  freedom  and  free  institutions;  the  same  desire  to  crush 
the  weak,  and  to  heap  contumely  and  disgrace  upon  the  poor  and  humble. 
When  you  ask  us  to  lay  aside  this  feeling,  you  ask  an  impossibility;  and 
not  till  the  days  of  the  millenium,  or  till  when  all  things  past  shall  be  for- 
gotten, can  you  expect  the  people  of  Kansas  to  forget  the  past.  Strange 
as  it  may  appear,  the  Republicans  of  Kansas  stand  as  a  unit  to  oppose 
this  measure;  and  I  am  frank  to  say  it  is  because  of  the  treatment  we  have 
received  from  this  Democratic  party — and  there  is  no  use  to  blink  it. 

If,  as  it  is  asserted,  it  is  geographically  necessary  that  that  portion  of 
country  should  be  annexed  to  us,  I  venture  to  soy  it  vn\\  come  in  at  the 
right  time.  Missouri  existed  as  a  State  a  long  tinie  before  the  Platte  Pur- 
chase was  added.  It  was  fifteen  years  after  the  State  of  Missouri  was 
organized.  It  will  gravitate  as  much  two  or  three  years  from  now  as  it 
does  to-day.  Sir,  there  are  but  four  counties  on  the  River  that  have  a 
population  of  any  amount.  The  country  back,  which  is  described  as  a 
beautiful  agricultural  district,  with  t'mber,  and  prairies,  and  rocks  and 
springs, — as  a  very  Canaan  flowing  with  milk  and  honey — is  an  unsettled 
country;  and  it  will  be  t'me  enough  when  it  shall  be  settled  for  us  to  throw 
the  arm  of  our  protection  over  it.  The  Platte  River  annexation  will  be 
neither  more  nor  less  difficult  then  than  it  is  to-day.  So  the  ar'jrument 
growing  out  of  anything  of  that  kind  falls  to  the  ground.  The  people  of 
Southern  Kansas  who  are  so  opposed  to  this  proposition — still  smarting 
from  the  woimds  growing  out  of  the  oppression  which  they  have  so  long 
suffered  in  consequence  of  a  despotic  rule — are  led  to  suspect  this  whole 
thing.  You  recollect  in  your  classical  readings,  when  the  wooden  horse 
was  presented  to  the  citizens  of  Troy  (in  which  a  band  was  secreted 
wherebv  the  city  was  entered  and  captured),  their  commander  said, 
when  the  Tro'ans  offered  the  gift:  "I  fear  the  Greeks  when  they  bring 
hither  their  gifts."  And  so  say  the  people  of  Kansas,  when  the  Democratic 
party  offer  to  give  away  a  portion  of  their  Territory  as  a  gift.  We  fear 
that  there  is  a  dagger  beneath  it.  (Mr.  Graham — That's  so!)  Sir,  if 
you  admit  Southern  Nebraska,  what  do  you  do?  You  place  the  entire 
portion  of  Southern  Kansas,  almost  to  a  man,  in  opposition  to  your  Con- 
stitution; and  you  can  submit  no  proposition  of  the  kind  to  them  but  what 
they  wi'l  vote  it  down,  and  your  Constitution  with  it,  and  our  labors 
here  will  go  for  naught.  These  are  the  political  considerations  that  enter 
into  this  case:  and  1  leave  for  gentlemen  from  Southern  Kansas  on  this 


Saturday,  July  16,  1S59.  239 

floor  to  present  the  local  considerations  which  impel  them  to  resist  the  pro- 
posed annexation  of  Southern  Nebraska  at  this  time. 

Mr.  Taylor.  Mr.  Chairman,  by  the  courtesy  of  the  Convention  I  be- 
heve  I  am  entitled  to  speak  u])on  this  question.  Having  just  heard  an 
argument  which  I  could  appreciate  if  it  were  predicated  upon  a  correct 
hypothes's,  and  which  would  make  me  too  go  against  the  annexation  of 
that  territory,  if  it  were  true,  and  knowing  as  I  do  that  the  argument  is 
false,  that  the  points  taken  are  untrue,  I  propose  to  illustrate  this  political 
question  now.  The  gentleman  seems  to  oppose  the  annexation  of  southern 
Nebraska  because  it  is  a  gift  offered  by  the  Democratic  party.  Is  that 
true,  gentlemen  of  the  Convention!  Did  not  one  of  your  own  distiniuished 
representatives  in  the  Council  of  your  Territorial  Legislature,  a  member 
[*149]  of  the  Republican  party  in  respectable  standing,  two  years  "^ago 
present  to  that  body  a  memorial  for  the  accomplishment  of  the  very 
thing  which  the  people  of  southern  Nebraska  come  here  and  ask  the 
people  of  Kansas  to  co-operate  with  them  in  doing?  Did  not  that  gentle- 
man succeed,  by  virtue  of  Republican  votes  in  the  Kansas  Legislature,  in 
earr^-ing  it  through,  asking  by  that  memorial  that  Congress  should  make 
the  Platte  river  the  northern  boundary  of  Kan.sas,  and  which  was  then 
asserted  by  a  Republican  Legislature,  as  the  natural  northern  boundary 
of  Kansas?  I  think  the  record  answers  us.  I  am  in  favor  of  the  annexa- 
tion of  that  portion  of  Nebraska  to  Kansas,  and  if  there  is  a  man  on  earth' 
who  can  testify  that  I  have  ever  gone  for  anv  proposition,  since  the  first 
hour  of  Pierce's  administration,  that  the  Democratic  party  were  not 
opposed  to  as  a  partv  measure,  then  gentlemen  may  set  me  down  as  un- 
worthy of  their  confidence.  I  have  been  told,  time  and  asjain,  that  this 
people  emisrated  from  the  same  States  with  the  people  of  Kansas.  I  have 
been  told  that  the  northern  line  of  th^s  Territory  was  made  south  of  the 
hne  between  Missouri  and  Iowa  for  the  pTirpose  of  making  a  slave  State 
of  it;  and  when  its  people  had  to  resort  to  force  to  prevent  Kansas  being 
poisoned  by  the  breath  of  African  slavery,  they  could  receive  no  aid  from 
any  source  except  southern  Iowa  and  southern  Nebraska — the  very  country 
we  now  propose  to  give  Kansas.  General  Lane  came  through  there  with 
men,  and  stopped  at  our  town,  and  erected  a  fort  which  stands  there  to- 
day. He  received  the  symnathv  of  the  people,  and  of  many  citizens  of 
southern  Nebraska;  who  all  said,  "Amen  to  the  declaration  that  Kansas 
ought  to  be,  and  must  be  a  free  State ! " 

We  tell  gentlemen  that  the  political  contest  of  1S5S  demonstrated  that 
there  was  a  majority  of  the  settlers  of  that  country  opposed  to  the  De- 
mocracy. Their  regular  nominees  were  defeated  in  every  county,  and  the- 
result  was  the  last  lower  House  of  the  Nebraska  Legislature  was  Republi- 
can. We  tell  them  all  this  and  they  say,  the  srift  is  like  the  wooden  horse 
of  Trov!  Sir,  I  have  affidavits,  and  I  only  had  two  hours  to  pror-ure  them 
in— which  are  a  sufficient  answer  to  the  argument,  that  this  is  a  Democratic 
trick.  Two  hours  before  leaving  Nebraska  City,  I  came  into  possession  of 
a  Leavenworth  Weekly  Times.  In  that  paper  there  was  an  editorial  con- 
taining an  inuendo,  that  the  people  of  Kansas  believed  it  was  a  settled 
policy  of  the  Democratic  party  to  make  Kansas  a  slave  Slate,  and  to  sup- 
port, the  belief,  extracts  were  quoted  from  a  Nebraska  gazette  sayins  that 
John  Calhoun,  of  Kansas  candle-box  notoriety,  had  ori^'inated  and  sup- 
ported it.  Sir,  there  is  not  a  word  of  truth  in  it.  I  immediately  prn-^eeded 
from  place  to  place,  taking  the  affidavits  of  any  [every?]  one  I  could  come 
across.  Then  the  boat  was  at  the  landing — The  facts  are:  Calhoun  opposed 
this  measure  bitterly.    They  [he?]  came  in  and  attempted  to  break  up  our 


240  Convention  Proceedings  and  Debates. 

union  meetings  by  denouncing  us  as  Republicans.  These  are  the  facts,  and 
I  hope  gentlemen  will  not  dodge  this  question  by  making  reasons  hke  this. 
I  stood  up  there  before  the  people,  and  when  these  men  ursed  as  an  ob- 
jection to  annexation  that  the  people  of  Kansas  were  a  blood-thirsty  people 
— these  were  the  arguments  Calhoun  urged  before  the  peaceable  and  peace- 
loving  people  of  southern  Nebraska — 1  replied  to  them,  that  the  brightest 
page  in  the  history  of  Kansas  was  that  which  told  of  her  wrongs  and  the 
manly  manner  in  which  she  beat  back  the  administration.  The  people  re- 
plied to  this  argument  with  shouts  of  applause,  and  decided  unanimously, 
at  every  meeting,  in  favor  of  annexation.  And  yet  we  are  told  this  is  a 
Democratic  gift!  The  question  there  was  not  made  a  party  question.  The 
people  who  are  interested  in  this  measure  are  for  it  without  distinction  of 
party.  But  this  man,  Calhoun,  and  other  Democrats  in  Nebraska,  would 
exhibit  paroxysms  at  the  very  name  of  annexation,  as  wild  as  mad  dogs 
would  at  the  sight  of  water.  They  denounced  it  as  a  black  Republican 
measure.  You  may  examine  the  result  of  the  election  in  1858,  and  there 
[*150]  can  be  no  mistake  about  *the  poUtical  sentiment  there.  This 
argument  melts  away  under  the  touchstone  of  reason,  like  frost  in  the 
morning's  sun.  It  is  a  mere  quibble  to  answer  some  other  purpose.  Sir, 
there  is  nothing  in  this  argument. 

Some  gentlemen  seem  to  think  that  this  measure  can  be  accomplished 
hereafter;  that  you  can  treat  the  people  of  southern  Nebraska,  who  are 
over  fifteen  or  twenty  thousand  souls,  with  neglect,  without  exciting  any 
feeling  that  will  affect  this  question.  Sir,  I  believe  the  people  of  southern 
Nebraska  are  co-operating  with  the  Republican  sentiment  of  the  people  of 
Kansas,  in  the  same  spirit  in  which  your  Legislature  memorialized  Con- 
gress. Treat  these  people  with  contumely  and  disrespect  now,  and  when 
the  necessity  of  this  measure  shall  be  pressed  home  upon  you  and  every 
citizen  of  Kansas,  try  to  turn  round  and  retrace  the  steps  and  do  what 
ought  to  be  done  now!  Let  me  say  to  gentlemen,  a  vast  majority  of 
these  people  desire  to  come  into  the  State  government  of  Kansas,  but  if 
you  neglect  the  golden  opportunity  offered  to  you  now,  you  will  never 
find  it  again. 

I  ask  gentlemen  to  consider  this:  where  in  the  history  of  this  govern- 
ment will  you  find  a  single  case  of  a  State  or  Territory  acquiring  national 
domain,  inhabited  by  American  freemen,  upon  such  terms — the  simple  ac- 
ceptance of  it?  There  is  not  a  solitary  instance.  You  will  find  that  they 
always  have  to  contend  for  every  inch  of  ground.  Look  at  the  history  of 
every  nation,  and  you  cannot  find  a  parallel.  Let  Kansas  become  a  State, 
and  the  day  will  be  passed  when  she  can  extend  her  boundaries  north  or 
south.  Unless  you  accept  this  boon,  the  people  of  Kansas  will  be  com- 
pelled to  say  that  the  Kansas  Constitutional  Conventions  did  not  do  all  in 
their  power  to  promote  the  interests  of  the  future  State  of  Kansas.  I 
explained  yesterday  that  you  had  no  power  to  extend  your  jurisdiction 
arbitrarily  over  us;  Congress  reserves  and  exercises  that  power  only  in 
pursuance  of  the  wish  of  the  people  interested.  All  you  can  do  is  to  me- 
morialize Congress,  or  insert  the  boundary  in  your  Constitution.  But  if 
you  are  afraid  that  would  jeopardize  your  admission  into  the  Union,  simply 
memorialize  Congress,  and  you  will  have  done  all  that  people  call  upon 
you  to  do. 

Mr.  BuRRis.  Mr.  Chairman,  I  move  that  the  committee  rise,  report 
progress  and  ask  leave  to  sit  again. 

The  motion  was  agreed  to. 


Saturday,  July  16,  1S59.  241 

The  committee  accordingly  rose,  the  Chairman  reported  and  the  leave 
was  granted  accordingly. 

HOUR   OF    MEETING   CHANGED   TO    8  o'CLOCK,    A.  M. 

Mr.  Kingman.  Mr.  President,  I  have  a  resolution  to  offer.  It  is  as 
follows: 

"Resolved,  That  the  standing  orders  of  the  Convention  be  so  amended 
as  to  make  the  time  of  our  meeting  8  o'clock,  a.  m.,  instead  of  9." 

Mr.  Wrigley.  I  move  that  we  adjourn  at  1  o'clock,  and  that  we  have 
but  one  session  a  day. 

The  motion  was  rejected,  and  then  the  resolution  was  adopted. 

Mr.  Greer.  Mr.  President,  I  move  that  the  Convention  adjourn  till 
Monday  morning,  8  o'clock.  ^ 

The  motion  was  rejected,  on  a  division — aff.  16,  neg.  24. 

The  President.  The  hour  having  arrived  the  Convention  stands  ad- 
journed till  3  o'clock. 

The  Convention  accordingly  took  a  recess  till  3  o'clock,  p.  m. 


Saturday,  July  16,  1859. 
AFTERNOON  SESSION. 

The  President  called  the  Convention  to  order  at  3  o'clock. 

The  President.  The  subject  before  the  Convention  is  the  report  of  the 
committee  on  Preamble  and  Bill  of  Rights. 

Mr.  Blunt.  Mr.  President,  I  move  the  Convention  go  into  committee 
of  the  whole. 

The  motion  was  agreed  to. 
[*151]     The  Convention  accordingly  resolved  itself  *into  a  committee 
(Mr.  Stinson  in  the  chair)  and  proceeded  to  the  consideration  of  the  re- 
port from  the  committee  on  Preamble  and  Bill  of  Rights. 

Mr.  President  Winchell.  Mr.  Chairman,  I  move  that,  for  this  de- 
bate, members  be  limited  to  ten  minute  speeches. 

Mr.  Blunt.  Mr.  Chairman,  this  question  has  been  discussed  and  a 
wide  range  taken,  this  forenoon.  Some  gentlemen  have  spoken  at  length, 
and  I  believe  the  discussion  has  come  from  one  side,  with  but  one  e.xcep- 
tion.  I  desire  to  have  something  to  say  upon  this  subject,  and  I  presume 
there  are  other  members  whose  views  should  be  heard;  and  I  hope  the 
Convention  will  not  attempt  to  gag  us  off,  and  confine  debate  to  ten 
minute  speeches. 

Mr.  President  Winchell.  There  are  fifty  members  here,  and  I  sup- 
pose one  has  as  good  a  right  to  speak  as  another.  I  confess  I  would  rather 
hear  fifty  ten-minute  speeches  than  one-fourth  the  number  four  times 
that  length.  I  believe  every  man  here  can  say  all  he  ought  to  say  on 
this  subject  in  ten  minutes. 

Mr.  Blunt.    I  move  to  amend  by  inserting  twenty  minutes. 

Mr.  Foster.  If  I  understand  the  rule  of  the  committee  of  the  whole, 
a  man  can  speak  as  long  as  he  wants  to.    I  shall  oppose  the  motion. 

Mr.  J.  Blood.  I  regard  this  matter  as  an  important  question,  and  I  do 
not  think  that  there  would  be  any  difficulty  without  adopting  the  rule; 

16 — 778 


242  Convention  Proceedings  and  Debates. 

but  I  am  anxious  to  get  through  with  business,  and  I  am  wilHng  to  restrict 
the  discussion  of  this  question.  I  do  not  want  ten  minutes  nor  five  minutes, 
myself. 

Mr.  Wrigley.  Mr.  Chairman,  I  have  not  attempted  to  perpetrate  a 
speech,  and  don't  intend  to,  but  I  deem  this  question  to  be  one  of  great 
importance,  and  I  do  not  desire  that  any  gag  shall  be  applied  in  the  dis- 
cussion of  it.  If  gentlemen  desire  a  reasonable  amount  of  time  to  express 
their  sentiments,  it  ought  to  be  allowed  to  them,  most  assuredly;  and 
until  some  gentleman  trespasses  so  far  upon  our  time  as  to  become  a  nui- 
sance and.  annoyance  to  the  Convention,  I  think  such  a  motion  ought  not 
to  prevail.  When  gentlemen  become  exceedin"-ly  windy  and  disposed  to 
perpetrate  their  speeches  unreasonably  upon  the  Convention,  it  will  be 
time  enough  to  introduce  a  motion  of  this  sort ;  and  until  that  time  comes, 
each  individual  ought  to  be  allowed  the  time  he  may  desire.  The  object 
of  going  into  committee  of  the  whole  is  to  have  an  interchange  of  opinion 
without  limit  or  restriction,  and  it  occurs  to  me  if  a  motion  of  this  sort 
would  prevail,  it  would  be  the  worst  kind  of  an  application  of  the  gag 
rule.    I  hope  it  will  not  prevail. 

Mr.  President  Winchell.  Mr.  Chairman,  I  did  not  desire  to  say  any- 
thing further  on  this  point,  but  this  favorite  phrase  of  "gag  rule"  has 
been  repeated  so  often,  that  I  wish  to  say  it  comes  with  ill  grace  from 
gentlemen  who  entertain  views  different  from  mv  own  on  this  boundary 
question.  This  motion  was  not  made  until  gentlemen  on  the  other  side 
of  the  question  had  an  opportunity  to  express  their  views;  and  it  strikes 
me  as  disin<ienuous,  coming  from  them.  The  object  in  going  into  a  com- 
mittee of  the  whole  is,  in  the  main,  to  avoid  a  voluminous  journal.  I  have 
yet  to  see  what  there  is  that  prohibits  gentlemen  from  expressing  their 
views  in  ten  minutes.    Ten  minutes  is  a  long  time. 

Mr.  McDowell.  Mr.  Chairman,  I  have  a  single  remark  to  make  upon 
this  subject.  I  hope  the  committee  will  not  sustain  the  motion  of  the 
gentVman  from  Osage  (Mr.  Winchell).  I  have  no  doubt  a  number  of 
gentlemen  will  desire  to  give  their  \iews  fully  and  at  length  to  this  com- 
mittee, and  it  may  be  that  some  of  us  have  not  that  power  of  compre- 
hension that  the  gentleman  from  Osage  has 

[*152]     Mr.  President  Winchell   (interrupting).     I  *call  the  gentle- 
man to  order.    He  is  getting  personal. 

The  Chairman.    The  point  of  order  is  not  well  taken. 

Mr.  MrDowELL.  Mr.  Chairman,  as  fnr  as  my  experience  goes,  I  have 
not  seen  shorter  speeches  made  in  any  deliberative  body  than  we  have  had 
in  this  one.  But  as  I  was  about  to  observe,  we  are  framing  an  organic 
law,  not  to  last  a  day  or  a  year,  perhaps,  and  most  important  questions 
come  before  us;  and  it  does  seem  to  me  no  gentleman  ought  to  endeavor 
to  withhold  discussion  as  this  rule  will  withhold  it,  if  it  passes.  There 
is  no  gentleman  upon  this  floor  who  is  disposed  to  abuse  the  patience  of  the 
Convention.  I  have  heard  no  long  speeches;  I  believe  I  have  made  as 
long  speeches  as  any — and  they  have  been  brief  and  to  the  point.    Ahem! 

Mr.  Hutchinson.  I  would  ask  if  this  motion  applies  to  this  afternoon, 
or  as  a  permanent  rule  in  the  committee  of  the  whole. 

Mr.  President  Winchell.    To  to-day. 

Mr.  J.  Blood.    I  understand — upon  this  question  of  boundary. 

Mr.  President  Winchell.    Upon  this  question,  to-day. 

Mr.  Foster.    I  move  to  amend  by  inserting  "thirty  minutes." 


Saturday,  July  16,  1859.  243 

The  amendment  was  rejected,  on  a  division — affirmative  8,  negative  16. 

Mr.  Blunt's  amendment  was  also  rejected,  and  then  the  original  motion 
was  agreed  to. 

Mr.  Griffith.  Mr.  President,  representing  as  I  do,  a  constituency  in 
the  extreme  portion  of  Southern  Kansas,  I  propose  to  offer  a  few  thou-^hts 
on  this  question  of  boundary — a  proposition  made  to  extend  our  northern 
boundary  to  the  Platte  river.  Sufficient  reasons  have  been  offered  on  this 
floor  to  justify  our  Nebraska  neighbors  for  desiring  this  annexation,  but, 
sir,  what  arguments  have  been  offered  to  justify  our  compliance  with  their 
proposition.  It  has  not  been  shown  on  this  floor  that  annexation  would 
prove  advantageous  to  our  railroad  and  commercial  interests.  This  has 
been  carefully  and  perhaps  purposely  passed  over.  The  heat  is  very  op- 
pressive; I  shall  therefore  content  myself  by  simply  indicating  the  reasons 
why  I  shall  vote  against  the  extension  of  our  northern  boundary. 

1st.  Annexation  may  peril  our  chances  for  early  admission  into  the 
Union.  There  are  gentlemen  in  this  Convention  who  think  the  Demo- 
cratic element  in  this  body  support  this  proposition  because  they  hope 
by  annexing  Southern  Nebraska  to  gain  the  political  ascendancy  in  the 
organization  of  the  State  government  under  the  Constitution  here  framed. 
I  cannot  believe  this  is  the  reason  which  influences  them.  A  more  probable 
reason  for  their  action  may  be  found  to  he  in  the  ultimate  effects  of  the 
adoption  of  this  proposition  upon  early  admission  into  the  Union.  Suppose 
we  make  the  Platte  our  northern  boundary,  and  the  House  of  Representa- 
tives should  accede  to  our  proposition,  but  the  Senate  should  refuse,  and 
offer  to  compromise  by  cutting  off  50  miles  from  Southern  Kansas.  The 
result  would  be,  in  aU  probability,  a  reference  of  this  matter  to  the  people, 
and  thus  we  should  be  kept  out  of  the  Union  until  after  the  Presidential 
election  in  1860.  They  are  anxious  to  keep  us  out  if  a  sufficient  pretext 
can  be  found.  I  propose  to  give  them  no  pretexts,  so  that,  if  we  are  kept 
out,  it  shall  be  because  we  have  not  the  93,000  inhabitants  required  in  the 
English  bill.  It  has  been  said  that  the  Government  officials  in  this  Terri- 
tory are  regarding  this  proposition  with  great  favor.  Doubtless  they  have 
good  and  sufficient  reasons  therefor.  They  are  interested  in  keeping  Kan- 
sas in  a  Territorial  condition  as  long  as  possible. 

2d.  Annexation  would  be  an  act  of  injustice  to  Northern  Nebraska. 
Its  effect  would  be  to  keep  the  remaining  portion  of  that  Territory  in  a 
Territorial  condition  for,  perhaps,  five  years. 

[*153]  *3d.  Annexation,  as  a  political  move,  is  also  impolitic.  In  the 
North  we  are  interested  in  the  rapid  increase  of  the  number  of  free  States. 
The  South  are  desirous  not  to  increase  the  number.  They  are  struggling 
to  hold  the  power  of  the  government,  and  they  propose  to  do  so  by  throw- 
ing every  bar  possible  in  the  way  of  formation  of  free  States.  Now,  sir, 
annex  Southern  Nebraska  to  Kansas,  and  you  shut  out  the  application 
for  one  more  free  State  for  at  least  five  years.  But  let  Nebraska  remain 
as  she  now  is,  and  she  will  make  application  to  the  first  Congress  of  1860 
for  admission  as  one  of  the  sovereign  States  of  the  Union.  This  is  a 
sufficient  reason  why  a  Northern  man  should  not  accept  the  proposition  to 
annex  Southern  Nebraska  to  the  State  of  Kansas. 

There  are  other  important  reasons  which  might  be  urged  with  potency 
against  the  proposition.     I  shall  not  enter  into  an  investisiation  of  these 
at  present,  for  I  am  willing  to  go  on  the  record  with  those  already  indicated. 
Mr.  Foster.    I  move  the  committee  rise. 

Mr.  President  Winchell.    I  would  like  to  hear  reasons  assigned  for 
rising  so  soon. 


244  Convention  Proceedings  and  Dkbates. 

Mr.  Foster.  I  will  say  that  my  friends  on  the  other  side  of  the  hall 
are  making  the  speeches,  and  it  is  very  hot  here  for  us  to  sit  and  listen 
to  them. 

Mr.  Wrigley.  Another  reason  is  because  I  believe  the  gag  rule  was 
applied  for  the  benefit  of  imbeciUty  and  ignorance. 

The  motion  was  rejected. 

Mr.  Blunt.  Mr.  President,  I  had  desired  to  speak  somewhat  at 
length  upon  this  question  of  boundary,  but  as  the  gag  rule  has  been 
adopted,  I  must  necessarily  be  brief,  and  shall  not  pursue  the  line  of  argu- 
ment I  had  intended.  Upon  the  subject  of  our  western  boundary  I  have 
but  a  few  words  to  remark.  I  do  not  hesitate  to  say  that  I  have  but  little 
choice,  whether  the  23d,  24th  or  25th  meridian  is  agreed  upon  as  our 
western  boundary.  I  believe  there  is  no  one  upon  this  floor,  except  the 
gentleman  from  Riley  (Mr.  Houston)  whose  large  philanthropy  and  ex- 
pansive ideas  embrace  all  creation  "and  the  rest  of  mankind,"  that  pro- 
poses to  extend  our  western  boundary  to  the  Rocky  Mountains.  And  I 
think  it  is  generally  conceded  by  the  members  of  this  body,  that  the  do- 
main now  embraced  in  our  Territorial  limits  is  of  sufficient  area  to  comprise 
two  States;  and  that  as  the  pursuits  and  interests  of  the  eastern  and 
western  portions  of  Kansas  are  likely  to  be  dissimilar  and  antagonistical, 
it  is  desirable  that  it  should  be  so  divided;  and  the  only  question  as  re- 
gards our  western  boundary  is — when  [where?]  shall  this  line  of  demarca- 
tion be  set  up?  To  divide  upon  the  2od  meridian,  would  be  to  give  us  a 
sufficient  number  of  square  miles  to  form  a  State  larger  than  New  York, 
Iowa,  or  Ohio,  or  to  give  a  more  definite  idea  of  the  extent  of  territory,  it 
would  be  two  hundred  and  ten  miles  from  north  to  south  (with  our  present 
northern  and  southern  boundary)  and  three  hundred  miles  from  east  to 
west,  and  comprising  over  seventy-three  thousand  square  miles.  We  would 
then  embrace  all  of  the  desirable  territory  upon  this  side  of  that  large 
sterile  plain,  situated  on  our  west,  that  would  add  neither  wealth  nor  im- 
portance to  our  State,  but  over  which  to  extend  our  laws  and  protection, 
would  be  an  onerous  burden.  And,  moreover,  by  fixing  upon  the  23d 
meridian,  we  would  be  leaving  to  our  western  neighbors,  who  propose  to 
set  up  the  new  State  of  Jefferson,  a  sufficient  area  of  territory  to  form  a 
large  and  respectable  State;  but  as  I  before  remarked,  I  have  no  great 
preference  for  any  one  of  the  three  meridian  lines  proposed,  and  will  be 
satisfied  with  either.  Before  leaving  this  subject,  however,  I  vvish  to  add 
a  few  words  by  way  of  reply  to  the  gentleman  from  Riley  (Mr.  Houston), 
who  has  tried  to  sustain  an  argument  in  favor  of  e.xtending  our  western 
boundary  to  the  Rocky  Mountains.  The  gentleman,  with  his  profound 
[*154]  wisdom  and  keen  ^penetration,  arrogates  to  himself  the  guardian- 
ship of  "posterity"  and  "the  millions  yet  unborn;"  and  with  an  eloquence 
peculiar  only  to  himself,  he  admonishes  us  to  be  very  careful  how  we 
handle  this  question  of  boundary.  The  gist  of  his  argument  has  been,  that, 
if  we  did  not  extend  our  boundary  westward  as  far  as  our  present  terri- 
torial limits,  we  shall  deprive  ourselves  of  all  facilities  for  constructing  a 
railroad  up  the  Kansas  Valley  to  the  Pacific,  and  also  cut  off  all  inter- 
communication between  ourselves  and  that  newly  discovered  El  Dorado 
upon  the  eastern  slope  of  the  Rocky  Mountains;  or,  in  other  words,  if  we 
do  not  have  control  of  this  whole  recion  west  of  us,  that  the  people  of 
Pike's  Peak — instead  of  seeking  the  shortest  and  most  natural  and  prac- 
tical outlet  to  the  eastern  States,  by  the  Kansas  Valley  route,  they  will 
go  through  the  Platte  Valley,  and  through  Nebraska  on  the  north  of  us; 
and  by  the  Arkansas  route  on  the  south — either  of  which  is  several  hun- 
dred miles  further,  and  possessing  less  than  half  the  local  advantages. 


Saturday,  July  16,  1859.  245 

When  he  has  con\dnced  me  that  an  imaginary  or  arbitrary  geographical 
line,  extendine  north  and  south  throuch  the  plains  of  Kansas,  will  affect 
the  natural  tide  of  commerce;  that  it  wall  prevent  inter-communication 
between  States  and  communities;  that  it  wiM  be  a  barrier  to  the  exchange 
of  our  agricultural  commodities  for  the  gold  from  the  mining  districts  of 
Pike's  Peak;  or  that  it  will  change  the  channel  of  the  Missouri  river;  then, 
and  not  till  then,  will  I  conceive  that  his  premises  are  true,  and  his 
reasoning  correct.  I  do  not  like  to  judee  men's  motives,  but  in  listening 
to  the  gentleman's  speech  in  favor  of  the  extension  of  both  our  western 
and  northern  boimdary,  the  query  has  occurred  to  me  whether  the  location 
of  the  State  capitol  at  Manhattan,  as  he  saw  it  in  his  vivid  imagination, 
did  not  have  much  to  do  with  the  zeal  and  fervor  with  which  he  has 
advocated  the  cause. 

Having  thus  briefly  adverted  to  our  western  boundary,  I  shall  nass 
on  to  the  consideration  of  the  subject  of  the  annexation  of  Southern 
Nebraska,  which  measure  has  been  advocated  with  considernb'e  abi'ity 
and  sreat  zeal  upon  this  floor — not  only  bv  the  members  of  this  body,  but 
by  the  gentlemen  representing  that  portion  of  territory  proposed  to  be 
annexed.  Much  has  been  said  by  our  Democratic  friends  on  the  other 
side  of  the  House,  who  are  presenting  this  annexation  scheme  with  a  great 
deal  of  \i'^or — about  this  discission  taking  a  political  caste,  and  we  are 
continually  exhorted  to  lay  aside  our  party  prejudices,  and  view  the  matter 
in  a  liberal,  and  not  in  a  poUtical  aspect.  I  do  not  know,  nor  have  I  any 
data  for  knowing,  the  present  poetical  character  of  that  portion  of  terri- 
tory proposed  to  be  annexed,  or  how  it  misht  politically  affect  the  future 
State  of  Kansas.  One  thine,  however,  is  quite  clear  to  my  mind,  that 
whatever  may  be  their  political  complexion,  they  are  very  desirous — or 
a  portion  of  them  at  least — of  attaching  themselves  to  us,  and  beins:  in- 
cluded in  the  State  organization  of  Kansas.  What  is  the  extent  of  this 
territory  south  of  the  Platte  river?  At  the  widest  point  it  is  about  one 
hundred  miles  from  south  to  north,  and  the  mean  width  about  seventy- 
five  miles.  Although  it  was  ingeniously  stated  upon  this  floor,  by  the 
gentleman  from  Nebraska  (Mr.  Taylor)  that  it  extended  our  boundary 
only  forty  miles,  and  in  order  to  make  his  statement  consistent  with  truth, 
he  reckons  from  a  point  about  the  25th  meridian  west,  where  the  Platte 
river  makes  a  circuitous  bend  to  the  south.  Again;  it  may  be  asked  which 
is  to  be  the  most  benefited  by  this  annexation — Kansas  or  the  territory 
to  be  annexed?  According  to  the  arguments  of  the  gentlemen  here  from 
Nebraska  it  would  appear  that  Kansas  is  to  be  the  recipient  of  all  the 
favors — that  a  valuable  tract  of  land  is  to  be  given  us,  containing 
great  wealth,  from  which  a  revenue  may  be  derived  for  the  support  of 
[*155]  *our  government  without  any  increase  of  our  expenditures.  This 
position  is  erroneous,  for  as  you  increase  the  sources  of  revenue  by  the 
annexation  of  adchtional  territory,  you  likewise  increase  the  expenditures 
m  the  same  ratio;  hence  this  part  of  their  argument  goes  for  nothing. 
They  tell  us  again  that  the  Platte  river  is  the  natural  boundary,  and  that 
the  domain  lying  south  of  it  of  right  belongs  to  Kansas;  and  with  much 
eloquence  and  zeal  they  admonish  us  that  now  is  the  propitious  time  to 
possess  ourselves  of  this  valuable  prize.  They  say  to  us,  "we  tender  you 
this  free  offering — now  is  the  golden  opportunity.  If  you  do  not  accept 
the  offerimi  at  this  time  you  lose  the  prize,  for  another  opportunity  of 
acquiring  this  beautiful  and  fertile  country  will  never  be  offered  you."  In 
reply  to  this  kind  of  argument,  I  have  only  to  saj',  that,  if  their  position 
that  the  Platte  is  the  natural  boundary,  and  all  south  of  that  rightfully 
belongs  to  Kansas,  is  correct,  she  will  ultimately  obtain  it;  but  gentlemen 


246  Convention  Proceedings  and  Debates. 

tell  us  that  when  our  boundaries  are  once  fixed  they  cannot  be  changed. 
In  refutation  of  that  point  I  will  cite  them  to  the  case  of  Missouri,  to  which 
was  annexed  the  Platte  purchase  long  after  she  had  become  a  State. 

Here  the  Chairman's  hammer  fell  under  the  ten  minutes  rule. 

Mr.  Parks.  Mr.  Chairman,  I  move  that  the  rules  be  suspended  so  that 
Dr.  Blunt  may  proceed. 

The  motion  was  agreed  to  without  a  dissenting  vote. 

Mr.  Blunt.  Mr.  President,  I  cannot  believe  that  it  is  for  the  political 
good  of  the  people  of  Kansas,  that  the  gentlemen  from  Nebraska  are  here 
laboring  with  so  much  zeal.  I  know  that  men  do  not  generally  engage  in 
such  enterprises  from  pure  philanthropy  and  disinterested  motives.  I 
think  that  in  the  consummation  of  this  annexation  scheme,  Southern  Ne- 
braska would  be  the  beneficiary  and  not  Kansas.  I  respect  these  gentle- 
men's claims.  I  respect  the  zeal  and  anxiety  they  have  manifested  in  this 
cause.  1  have  no  doubt  they  sincerely  desire  to  come  within  the  protecting 
folds  of  our  State  organization,  and  thereby  rid  themselves  of  the  local 
and  internal  strife  that  is  nearly  distracting  them;  and  could  that  strip 
of  territory  be  annexed  without  endangering  the  interests  of  our  own 
people,  I  would  unhesitatingly  grant  their  request. 

But  whatever  may  be  my  own  personal  feelings  and  views  in  this  mat- 
ter, it  is  sufficient  for  me  to  know  that  the  people  whom  I  represent  upon 
this  floor  are  decidedly  opposed  to  this  extension  of  our  northern  boundary, 
and  in  the  faithful  discharge  of  the  trust  confided  to  me,  I  could  not  do 
otherwise  than  vote  against  it.  And  before  passing  this  subject,  I  must 
allude,  though  briefly,  to  some  of  the  reasons  why  the  people  of  Southern 
Kansas  do  not  favor  this  proposed  annexation.  Southern  Kansas,  com- 
prising the  most  beautiful  and  fertile  region  of  our  Territory,  must  neces- 
sarily be  an  agricultural  community,  and  regarding  the  Kansas  Valley  as 
the  natural  commercial  centre,  we  also  desire  that  it  should  occupy  the 
same  position  geographically,  that  the  political  power  and  patronage  which 
is  to  control  the  future  enterprises  of  Kansas,  may  be  nearly  equally  di- 
vided on  either  side  of  this  commercial  outlet,  and  that  we  in  Southern 
Kansas  shall  not  be  forced  to  occupy  any  minor  position.  We  have  now 
over  one  hundred  miles  of  river  frontier,  extending  from  the  mouth  of  the 
Kansas  river  northward — which  is  densely  populated — whose  interests  are 
of  a  commercial  character  and  dissimilar  to  ours.  Of  this  we  do  not 
complain,  as  it  is  necessary  that  the  agricultural  and  commercial  interests 
sbo'i'd  to  a  certain  extent  be  blended  together  for  the  mutual  benefit  of 
[*156]  both.  We  conceive  that  *with  our  present  boundaries  north  and 
south,  these  diversified  interests  are  now  about  equally  distributed,  and 
that  equilibrium  we  do  not  propose  to  disturb. 

If  you  annex  that  portion  of  Nebraska  south  of  Platte  river  you  extend 
our  river  frontier  one  hundred  and  fifty  miles,  or  make  it  more  than 
double  what  it  now  is.  It  is  the  river  counties  of  the  Platte  country  that 
contain  nearly  the  whole  of  the  present  population,  and  their  interests 
are  chiefly  of  a  commercial  character.  Then  if  you  add  this  hundred  and 
fifty  miles  of  river  border,  making  the  whole  river  frontier  over  two  hun- 
dred and  fifty  miles,  whose  towns  will  be  densely  populated  and  whose 
interests  will  be  dissimilar  to  ours,  you  will  be  giving  to  them  the  pre- 
ponderance of  political  power  whereby  they  will  control  the  future  enter- 
prises of  Kansas,  and  the  agricultural  interests  of.  the  interior  will  be 
made  entirely  subservient  to  theirs,  and  we  in  Southern  Kansas  will  be 
like  the  tail  of  a  kite,  subject  to  the  caprice  and  will  of  the  river  border— 
a  position  we  do  not  choose  to  occupy.  And  in  this  matter,  I  do  not  think 


Saturday,  July  16,  1859.  247 

we  evince  any  more  selfishness  than  is  incident  to  human  nature  generally, 
as  it  is  the  province  of  every  community  to  look  after  its  own  interests, 
and  we  feel  that  if  we  do  not  look  after  our  local  interests  in  this  matter, 
that  the  people  of  Southern  Nebraska  will  not  do  it,  in  a  manner  that  will 
be  altogether  acceptable  to  us. 

It  has  been  asserted  on  the  one  side  upon  this  floor  that  this  is  a 
scheme  to  strengthen  the  Democratic  party,  or  to  give  it  the  ascendency 
in  the  State,  and  as  often  denied  by  the  other  side.  I  am  not  prepared 
to  say  that  the  Democrats  upon  this  floor  (who  I  believe,  without 
an  exception,  have  taken  a  position  in  favor  of  annexation)  are  influenced 
by  any  such  motive,  for,  as  I  have  before  remarked,  I  do  not  know  the 
political  complexion  of  the  territory  proposed  to  be  annexed.  But,  never- 
theless, when  I  see  that  party  arrayed  in  favor  of  this  movement — when 
I  see  not  only  every  Democrat  upon  this  floor,  but  every  federal  office- 
holder in  the  Territory,  from  the  Governor  down,  pressing  this  matter 
with  so  much  vigor,  and  making  it  subordinate  to  every  other  issue,  claim- 
ing at  the  same  time  that  they  are  disinterested  as  a  party,  and  have  only 
in  view  the  future  glory  and  prosperity  of  the  Commonwealth  of  Kansas; 
I  confess  that  the  conclusion  forces  itself  upon  my  mind,  that  under  all 
this  disinterestedness  and  sophistry  there  is  a  concealed  dagger;  for  I  be- 
heve  it  is  not  susceptible  of  proof  that  the  Democratic  party,  especially  in 
this  Territory,  has  ever  distinguished  itself  by  disinterested  philanthropy. 
The  question  may  then  be  asked,  why  is  it  that  this  party  manfests 
so  much  feeling  upon  this  subject?  Upon  a  superficial  view,  it  may 
be  remarked  that  all  its  votaries  upon  this  floor  except  one  (Dr.  Bar- 
ton of  Johnson),  hail  from  north  of  the  Kansas  river,  whose  local 
interests  would  be  advanced  by  the  annexation;  but  in  refutation  of  that 
course  of  reasoning  it  is  only  necessary  to  state  that  quite  a  number  of 
Republicans  in  this  body  hail  from  the  same  locality,  and  we  find  them 
all  opposed  to  extending  our  northern  boundary  to  the  Platte  river,  and 
they  tell  us  that  the  mass  of  the  people  whom  they  represent  in  the 
northern  portion  of  Kansas,  do  not  attach  much  importance  to  this  propo- 
sition, and  are  not  at  all  anxious  to  be  coupled  with  any  portion  of  Ne- 
braska. And  I  have  yet  to  learn  that  there  is  any  constitutional  difference 
between  a  Democrat  and  a  Republican — that  they  would  not  be  affected 
in  like  manner  by  the  same  material  or  local  causes. 

Mr.  President,  in  the  hasty  view  that  I  have  taken  of  this  matter,  as  it 
has  presented  itself  to  my  mind,  I  can  arrive  at  no  other  conclusion  than 
this:  That  in  the  zeal  in  which  the  Democratic  party  are  advocating  this 
annexation  scheme  they  are  prompted  by  no  other  desire  than  to  defeat 
the  whole  Constitutional  movement  and  to  perpetuate  our  Territorial  exist- 
[*157]  ence.  In  case  they  should  *not  get  control  of  the  State  organi- 
zation, and  in  support  of  this  proposition,  it  may  not  be  improper  to  re- 
mark, that  the  federal  office-holders  in  Kansas  are  among  the  most  earnest 
advocates  of  the  extension  of  our  northern  boundary.  And  it  is  a  matter 
susceptible  of  proof,  that  but  a  few  days  since  a  person  high  in  official 
station  in  this  Territory  proposed  to  secure  to  the  city  of  Lawrence  the 
location  of  the  seat  of  government  by  Democratic  votes;  if,  in  return,  the 
delegates  from  Douglas  county  upon  this  floor,  would  vote  for  the  annexa- 
tion of  Southern  Nebraska.  These  federal  office-holders  who  are  engineer- 
ing this  matter,  know  that  if  this  attempt  at  a  State  organization  is  suc- 
cessful, their  occupation  is  rone,  and  having  failed  to  defeat  the  popular 
movement  for  this  Convention,  and  having  still  later  failed  to  secure  a 
controlling  majority  in  this  body,  to  use  for  their  own  political  purposes, 
they  now  endeavor  to  prevent  the  consummation  of  a  State  government 


248  CoxvEXTiON  Proceedings  and  Debates. 

by  inducing  us  to  go  beyond  our  legitimate  sphere,  in  extending  onr 
boundaries,  and  including  territory  not  included  in  our  Territorial  limits, 
thereby  embarrassing  our  action  before  Congress,  and  furnishing  our  ene- 
mies in  the  National  Councils  a  pretext,  and  arguments  to  be  used  as  a 
barrier  against  our  admission  into  the  Union  as  a  sovereign  and  independ- 
ent State. 

In  conclusion,  Mr.  President,  I  would  remark  by  way  of  caution  to 
the  RepubUcan  party  as  represented  upon  this  floor,  do  not  suffer  your- 
selves to  be  inveided  and  deluded  by  the  enemy  of  a  State  organization 
and  free  institutions  in  Kansas.  Whatever  merits  or  demerits  attach  to 
this  Convention,  must  be  assumed  by  the  Repubhcan  party  of  Kansas. 
They,  and  they  alone,  will  be  responsible.  The  people  are  long  since 
wearied  of  their  Territorial  government,  and  almost  discouraged  by  the 
frequent  unsuccessful  attempts  to  change  it.  From  the  actions  and  de'ib- 
erations  of  this  body,  they  expect  will  emanate  the  fundamental  law  that 
will  form  the  basis  of  free  institutions,  that  will  be  the  pride  and  glory 
of  one  of  the  brightest  stars  in  the  constellation  of  States.  The  eyes  not 
only  of  the  people  of  Kansas,  but  of  every  State  in  the  Union,  are  directed 
toward  us,  and  much  is  expected  of  us;  let  us  not  travel  out  of  our  le<iiti- 
mate  sphere,  or  encroach  upon  doubtful  premises.  Let  no  extraneous  subject 
di\dde  us,  or  embarrass  our  action,  but  with  a  fixed  purpose  to  advocate  the 
right,  and  to  devote  our  best  energies  to  the  interests  and  welfare  of  the 
people  we  represent,  let  us  faithfully  discharge  the  trust  confided  to  our 
care,  and  leave  the  result  to  form  a  part  of  the  future  history  of  Kansas. 
Mr.  President,  permit  me  to  return  my  thanks  to  the  Convention  for  the 
courtesy  and  indulgence  extended  towards  me  in  remo\ing  the  gag  and 
permitting  me  to  proceed. 

Mr.  Wrigley.  I  assure  you,  Mv.  Chairman,  and  gentlemen  of  the  Com- 
mittee, that  I  am  as  little  inclined  to  make  a  speech  on  this  hot  afternoon 
as  the  Convention  is  to  listen  to  it,  but  believing  as  I  do  that  this  is  one  of 
the  most,  if  not  the  most  important  question  that  is  presented,  or  to  be  pre- 
sented before  this  body,  I  desire  to  offer  a  few  remarks  in  relation  to  the 
boundaries  of  the  future  State  of  Kansas.  It  seems  that  the  proposition 
as  it  stands  is  this:  the  gentleman  from  Johnson  (Mr.  Burris)  moves  that 
our  western  boundary  be  designated  as  the  meridian  of  longitude  twenty- 
three.  To  that  motion,  an  amendment  is  offered  by  the  gentleman  from 
Riley  (Mr.  Houston),  that  the  western  boundary  be  as  in  the  organic  act, 
which  extends  our  western  boundary  to  the  Rocky  Mountains.  Legitimately, 
Mr.  Chairman,  this  is  the  question  that  is  properly  before  the  committee 
of  the  whole.  Inasmuch  as  a  wide  latitude  has  been  expended  to  other 
speakers,  I  desire  an  opportunity  of  giving  expression  to  my  \'iew  in  rela- 
tion not  only  to  the  western  but  the  northern  boundary.  I  am  in  favor 
of  the  motion  of  the  gentleman  from  .Johnson,  because  I  believe  the  twenty- 
third  or  twenty-fourth  meridian  is  the  proper  western  boundary  of  Kan- 
sas. I  believe  it  for  reasons  which  have  already  been  stated,  and  which 
are  made  apparent  to  the  great  body  of  this  Convention;  to  the  great 
body  of  the  people  of  Kansas;  and  to  the  great  body  of  the  intelligent 
people  of  this  country,  who  have  paid  any  attention  to  this  subject.  Why, 
sir,  you  put  the  western  boundary  upon  the  twentv-third  meridian;  you 
have  on  the  eastern  side  the  agricultural  district  of  Kansas,  and  you  have 
[*158]  on  the  west  an  expanse  of  territory  of  equal  \vidth  and  of  *equal 
extent,  barren,  sterile  and  unfit  for  agricultural  purposes.  It  has  been 
stated  that  already  propositions  have  been  made  for  organizing  a  new 
State  west  of  Kansas,  and  that  is  contemplated  in  this  boundary.    I  have 


Saturday,  July  16,  1859.  249 

heard  some  intimations  to  that  eflfect.  I  don't  know  whether  they  be  true 
or  not,  but  of  one  thing  I  am  perfectly  satisfied,  and  that  is,  that  if  a  new 
State  is  ever  formed,  in  the  region  about  which  we  are  talking,  it  will  be 
considered  as  a  first  class  State,  not  because  of  its  agricultural  importance, 
but  because  of  its  mineral  resources.  It  will  be  a  mining  State,  because  of 
its  universal  importance.  I  say  it,  as  indicative  of  my  own  and  constitu- 
ents' views,  that  so  incompatible  are  the  interests  of  an  agricultural  and 
mining  people,  that  it  would  be  far  better  for  the  State  of  Kansas  to  ex- 
clude that  region  from  its  borders.  There  will  be  a  diversity  of  interest^ 
between  the  eastern  and  western  part  of  the  future  State  of  Kansas,  in 
case  her  original  boundaries  are  retained.  On  the  one  hand  you  will  find 
the  people  devoted  to  all  possible  kinds  of  the  industrial  pursuits  of  life, 
givdng  themselves  up  principally  to  the  agricultural  interests;  on  the  other 
hand  you  have  a  roving  and  unsettled  population;  not,  perhaps,  settling 
for  a  permanent  settlement,  but  going  there  for  a  very  temporary  purpose, 
that  of  taking  the  glittering  gold  out  of  the  bowels  of  the  earth — of  avail- 
ing themselves  of  the  mineral  resources  of  the  country.  These  two  classes 
will  never  become  homogeneous.  And  so,  when  you  consider  that  between 
these  two  sections  of  country  there  will  be  an  intervening  territory  vast  in 
extent,  sterile  and  unfit  for  habitation,  occupied  only  perhaps  by  wild  ani- 
mals of  the  prairie,  it  \\dll  be  seen  that  it  is  truly  impossible  to  reconcile 
one  with  the  other.  I  am  not  opposed  to  a  great  extent  of  territory.  I 
would  perfectly  agree  with  the  gentleman  from  Riley  (Mr.  Houston), 
that  the  State  might  extend  as  far  to  the  north,  south,  east  or  west  as  it 
might  be  desirable  for  the  interests  of  the  people  that  it  should  extend  its 
borders;  but  simply  on  account  of  the  interests  of  the  agricultural  portion 
of  the  people,  I  desire  that  the  western  boundary  be  fixed  somewhere  near 
the  point  named  in  the  amendment  of  the  gentleman  from  Johnson  (Mr. 
Burris).  I  believe  these  two  interests  are  incompatible;  and  that  this 
sterile  plain  which  intervenes  between  the  agricultural  and  mineral  portions 
of  Kansas  is  so-'O'ide — occupied  only  by  wild  animals,  and  unfit  for  culti- 
vation to  such  an  extent — as  to  render  the  community  of  interests  alto- 
gether incompatible.  For  this  reason  I  fix  upon  the  boundary  as  named  in 
the  amendment  just  referred  to.  I  believe  a  large  majority  of  this  Con- 
vention are  in  favor  of  that,  or  something  near  it.  If  anything  else  can 
be  said,  I  don't  know  what  it  should  be.  All  has  been  said  pertaining  to 
that  point  which  occurs  to  my  mind.  As  far  as  the  wealth  of  that  country 
is  concerned,  it  will  be  as  well  as  if  we  included  it  within  the  borders  of  our 
future  State.  I  am  anxious  that  there  shall  be  constituted  a  State  west  of 
Kansas  embracing  Pike's  Peak  and  all  that  mineral  region.  I  believe  it 
will  be  for  the  interest  of  the  people  who  inhabit  that  section  of  countrj'. 
I  believe,  all  things  considered,  it  would  be  better  to  cut  off  that  sterile 
country  and  embrace  upon  our  northern  boundary  an  equal  extent  of  more 
fertile  country;  and  it  is  thus  important  that  we  should  consider,  not  only 
the  western,  but  also  the  northern  boundary  question.  It  wi'l  be  observed 
that  if  we  make  our  western  boundary  upon  the  twenty-third  mericUan,  or 
in  that  neighborhood,  and  extend  our  northern  boundary  to  the  Platte 
River — 

Here  the  Chairman's  hammer  fell,  under  the  ten  minutes  rule. 

Mr.  Blunt.    I  move  that  the  gentleman  have  Uberty  to  proceed. 

The  motion  was  agreed  to. 
[*159]     Mr.  Wrigley.     Mr.  Chairman,  I  thank  the  *Committee  for  its 
courtesy  and  will  be  as  brief  as  possible;   for  I  was  sincere  when  I  said 
I  did  not  desire  or  intend  to  make  a  speech.    As  I  was  remarking,  I  am 


250  Convention  Proceedings  and  Debates. 

in  favor  of  making  the  western  boundary  on  the  23d  meridian  because  1 
am  in  favor  of  attaching  Southern  Nebraska  on  the  north.  If  we  run 
our  northern  boundary  to  the  Platte  River  and  fix  the  western  boundary  at 
the  23d  meridian  of  longitude  we  will  have  nearly  a  square  State,  being 
about  three  hundred  miles  from  east  to  west,  and  the  same  from  north  to 
south,  in  round  numbers;  you  will  embrace  the  best  portion  of  fertile  land 
in  the  Territory  of  Kansas,  and  you  will  also  have  the  best  lands  of  Ne- 
braska. The  intimation  that  it  was  designed  by  nature  for  our  northern 
boundary  is  attested  to  by  the  people  who  inhabit  that  section  of  country; 
the  best  evidence  is  not  only  what  appears  on  the  surface,  but  what  throbs 
in  the  hearts  of  men.  Inasmuch  as  the  Platte  River  is  almost  impassable, 
so  the  people,  as  if  impelled  by  nature,  have  elected  their  delegates  to 
present  themselves  before  this  Convention,  insisting  upon  that  river  as 
the  northern  boundary  of  Kansas.  By  attaching  this  territory  you  add  a 
large  extent  of  very  valuable  land.  You  not  only  add  to  your  present 
territory  an  extent  of  very  valuable  arable  land,  but  you  increase  your 
river  border,  in  itself  a  matter  of  considerable  importance  to  the  people 
of  Kansas.  You  include  numerous  milling  streams;  also  a  population  of 
perhaps  twenty-five  thousand  souls — intelligent,  industrious,  and  who 
possess  a  great  amount  of  wealth — those  who  can  join  with  you  in  bearing 
the  burden  of  taxation  and  assist  in  developing  the  resources  of  the  future 
State  of  Kansas.  Southern  Nebraska  embraces  almost  one-third  the  ex- 
tent of  country  of  the  present  dimensions  of  arable  land  in  Kansas.  It 
occurs  to  me  this  matter  is  of  some  importance  to  the  people  of  the  Terri- 
tory of  Kansas,  if  looked  at  without  partisan  feehng.  and  with  calm,  de- 
hberate  consideration.  I  have  been  somewhat  astonished  at  the  partisan 
feeling  manifested  here,  but  I  rejoice  to  say  that  I  can  approach  this 
question  without  one  single  iota  of  prejudice.  I  know  my  constituents  are 
desirous  of  annexing  this  portion  of  Nebraska,  and  I  believe  it  to  be  the 
wish  of  a  majority  of  the  people  of  Kansas.  Ought  the  question  of  whether 
it  be  of  party  importance  or  not  to  enter  into  the  mind  of  any  gentleman 
upon  this  floor?  I  approach  this  question,  and  shall  cast  my  vote  without 
any  reference  to  partisan  influences.  I  should  be  ashamed  to  approach 
and  act  upon  it  for  partisan  effect.  If  members  of  this  Convention  can- 
not find  any  better  arguments  against  the  addition  of  this  great  country 
to  Kansas  than  such  considerations  as  these,  they  had  better  hide  their 
heads  in  shame.  What  are  we  doing  here?  We  are  collected  together  to 
frame  a  Constitution  for  the  future  State  of  Kansas,  evidently  possessing 
the  power  of  fixing  the  boundaries  of  the  future  State — and  with  that 
power  in  our  own  hands,  this  rich  treasure  is  laid  at  our  feet.  But  gentle- 
men sa}'  it  will  militate  against  the  Republican  party  of  the  Territory  of 
Kansas.  I  would  ask  the  gentleman  from  Douglas  (Mr.  Thacherl  from 
whence  comes  his  information  that  that  particular  portion  of  Nebraska  is 
Democratic?  Where  did  he  get  his  information  that  this  was  a  Democratic 
scheme?  Who  informed  him  that  the  people  of  Nebraska,  south  of  the 
Platte,  were  Democratic,  and  opposed  to  the  Republican  party?  Did  he 
derive  it  from  gentlemen  who  represent  that  people?  If  I  recollect,  and  I 
think  I  am  right,  they  declared  that  the  people  were  unmistakably  Re- 
publican. They  said  there  can  be  no  doubt  about  this  question.  They 
tell  the  Convention  that  they  themselves  have  opposed,  from  the  beginning 
to  the  end,  the  measures  of  the  Democratic  party,  since  the  beginning  of 
Mr.  Pierce's  administration.  They  have  opposed  every  Democratic  meas- 
ure which  has  been  presented  to  this  people.  They  say  they  not  only  are 
not  Democrats  themselves,  but  a  majority  of  their  constituents  are  beyond 


Saturday,  July  16,  1859.  251 

[*160]     controversy  *Republican.    Then  I  ask  how  is  it  that  these  gentle- 
men have  ascertained  that  they  are  Democrats?     Where  did  the  gentle- 
man from  Douglas  derive  his  information?     And  then,  if  true,  is  it  a 
motive  which  should  actuate  an  honorable  man?     Is  it  a  motive  that 
should  incite  an  honorable  member  of  this  Convention  to  action?     Ought 
any  member  to  view  this  question  in  the  li::ht  of  partisanship?     Even 
taking  it  to  be  true,  for  the  sake  of  argument,  that  it  is  a  Democratic 
country,  is  it  to  follow  that  Republicans  are  to  vote  against  the  annexa- 
tion of  that  section  because  of  that  fact?    Are  they  to  ignore  the  fact,  that 
it  embraces  a  beautiful  extent  of  country;  that  it  adds  to  us  a  popula- 
tion of  intelligent  and  wealthy  men,  and  makes  a  very  considerable  addi- 
tion to  the  means  of  prosperity  for  our  future  State?    Are  they  to  ignore 
all  the  benefits  the  people  of  Kansas  are  to  derive  by  annexation,  simply 
because  they  think  it  will  militate  against  the  RepubUcan  party?     Is  it 
true,  that  this  Constitutional  Convention  is  to  frame  a  Constitution  for 
the  benefit  of  the  Republican  party  exclusively?    Is  it  so  that  our  organic 
act  is  to  be  made,  not  for  the  benefit  of  the  people  of  Kansas,  but  for  the 
benefit  of  the   Republican   party?     Says   the   gentleman    from   Douglas, 
Southern  Nebraska  is  not  to  be  added  to  Kansas  because  the  heavens  there 
have  not  grown  lurid  with  flames,  and  the  settlements  have  not  been  made 
red  with  gore,  and  the  prairies  have  not  been  covered  with  dead  bodies  of 
murdered  men,  as  has  been  the  case  in  bleeding  Kansas.  Because  you  have 
not  suffered  all  this  inconvenience;  because  houses  have  not  been  burned 
and  children  have  not  been  murdered,  therefore  you  are  not  to  be  attached 
to  Kansas!      In   other  words,   the   Republican   party   makes   its   capital 
about  this  cry  of  blood  and  thunder,  and  raw  head  and  bloody  bones,  and 
says  to  the  Platte  River  people — because  you  have  never  entered  into  that 
contest  therefore  you  are  not  to  be  made  part  of  Kansas!    I  am  opposed  to 
bringing  party  into  the  consideration  of  this  question.    While  I  am  sincere 
in  the  belief,  that  a  majority  of  the  people  of  Southern  Nebraska  are  to- 
day Republican,  I  shall  vote  for  the  annexation,  with  just  as  much  satis- 
faction as  I  would  if  I  knew  it  were  Democratic,  for  the  reason  that  I  be- 
lieve it  will  be  for  the  benefit  of  the  people  of  Kansas;  and  I  am  willing 
to  trust  the  principles  which  I  aspouse,  not  to  adventitious  circumstances, 
but  in  the  hands  of  an  intelligent  people.     Thus,  whether  the  people  of 
that  section  agree  with  my  political  views  or  not,  I  am  willing  to  trust 
them  to  the  people  of  the  country.    Are  members  of  the  Republican  party 
so  fearful  of  their  principles  that  they  dare  not  trust  them  to  the  people 
of  that  section  of  country?     If  so,  they  had  better  hide  them,  as  well  as 
themselves,  in  the  shade.     Those  people  are  quite  as  able  to  determine 
what  is  right  as  we  are.    We  are  all  sprung  from  one  common  ancestry; 
and  it  does  appear  to  me  that  principles  may  safely  be  lodged  with  the 
people,  they  to  determine  which  party  is  right  and  which  is  wrong;  and 
both  parties  ought  to  divest  themselves  of  party  prejudices  and  look  at 
the  matter  simply  as  it  is  likely  to  affect  the  interests  of  the  people  of 
Kansas.     It  occurs  to  me  that,  practically,  there  is  but  one  \dew  of  the 
question,  and  the  gentleman  himself  has  indicated  that.     He  says  ihis 
proposition  cannot  succeed,  because  the  Republican  party  cannot  divest 
themselves  of  this  prejudice;  that  believing  Southern  Nebraska  is  Demo- 
cratic, they  candidly  believe  they  would  be  doing  injury  to  the  principles 
which  they  esjtouse  by  admitting  it  into  the  State.    They  have  admitted 
their  opposition  to  annexation  to  be  their  opposition  as  partisans,  and 
nothing  else.    They  don't  claim  that  there  is  one  single  principle  involved 
in  it.    It  is  all  because  they  imagine  that  portion  of  country  is  Democratic. 


252  Convention  Proceedings  and  Debates. 

I  repeat,  sir,  that  these  matters  of  partisanship  ought  not  to  enter  into  the 
[*161]  *consideration  of  this  question.  But  I  have  said  more  than  I  in- 
tended to  say.  I  have  said  I  desired  the  western  boundary  to  be  fixed  at 
the  twenty-second  meridian ;  in  order  that,  by  cutting  off  that  sterile  region, 
we  might  embrace  a  fertile  region  on  the  north;  and  I  have  said,  that  I 
desired  members  of  this  Convention,  without  regard  to  party,  to  consider 
the  propriety  of  so  deciding. 

Mr.  Lamb.  Mr.  Chairman,  I  have  not  made  myself  troublesome  to  this 
Convention,  and  I  now  desire  to  add  but  a  few  words.  I  doubt  not  the 
sincerity  of  the  delegates  from  Southern  Nebraska  in  presenting  their 
claims  here.  I  have  no  idea  but  that  they  are  honest  men,  and  present 
the  claims  which  they  actually  desire.  But  we  stand  in  a  precarious  posi- 
tion here  in  Kansas.  Our  struggle  this  last  winter  is  about  to  be  com- 
pleted, and  now  an  idea  is  raised  of  attaching  more  territory;  and  I  ques- 
tion whether  or  not  we  will  entangle  ourselves.  These  gentlemen,  in  pre- 
senting their  claims,  have  done  it  in  a  very  fascinating  manner.  They 
have  told  us  what  a  wonderfully  good  country  they  have;  how  well 
watered  and  timbered;  how  about  their  mineral  and  salt  springs,  and  their 
population;  and  they  say:  "All  this  I  give  unto  you,  and  in  consideration 
thereof  I  ask  nothing  only  to  come  into  your  dominion."  You  all  remem- 
ber the  anecdote  about  the  cat  whose  claws  were  all  worn  out,  and  how  she 
adopted  a  system  to  catch  the  mice  by  getting  down  into  the  meal  tub  and 
covering  herself  up  in  the  meal.  The  old  rat  comes  and  says:  "It  looks 
like  meal,  but  there  may  be  a  mistake  there."  Now,  this  proposition  looks 
favorable,  but  I'm  afraid  there's  a  cat  in  that  meal  tub.  I  will  illustrate 
my  idea  still  further  by  telling  an  anecdote.  A  sailor  who  had  been  in  the 
habit  of  crossing  the  ocean,  had  paid  some  respects  to  a  wealthy  young 
lady,  but  another  individual  was  paying  her  his  attentions  who  was  very 
homely,  while  the  sailor  was  himself  beautiful  to  look  upon.  Well,  the  last 
time  he  went  to  see  her  before  going  out  on  a  voyage,  she  says  to  him, 
"Now  is  your  last  chance;  I  love  you  with  all  my  heart,  and  you  know  the 
vast  wealth  I  have  got.  I  will  give  it  into  your  hands  if  you  will  marry 
me  before  you  make  the  voyage;  if  you  don't,  you  may  expect  I  never 
will."  The  lover  said  he  desired  some  token.  "I  will  give  it,"  said  she. 
But  the  sailor  replied:  "The  best  token  of  love  is  to  let  me  make  the 
voyage  and  return,  and  if  you  will  then  marry  me,  that  is  the  best  token." 
Now  they  have  presented  the  claims  of  Southern  Nebraska,  and  they  look 
earnest.  The  lady  no  doubt  wanted  to  marry  the  sailor  then,  and  wanted 
to  make  an  impression;  but  he  made  the  voyage,  returned,  and  found  her 
just  as  ready  to  receive  him  as  before.  Now  if  these  men  desire  to  be 
annexed,  and  are  willing  to  go  in  for  it  themselves,  they  can  hold  on  till  we 
go  on  the  voyage  up  to  Washington,  and  then,  when  we  return  if  they  are 
willing,  the  banns  can  be  solemnized.  (Mr.  Graham.  That's  it.)  When 
our  next  Legislature  meets,  they  will  elect  their  members  and  the  Legisla- 
ture may  be  Democratic.  We  may,  by  this  very  act,  send  two  Democratic 
U.  S.  Senators  to  Congress;  and  there  will  be  some  other  Territory  that 
will  knock  for  admission,  and  they  two  act  in  ushering  m  another  pro- 
slavery  State.  Suppose  we  keep  them  out,  and  send  two  Republicans  to 
Washington,  and  this  good  portion  of  territory  that  has  been  tendered  to 
us  have  a  majority  of  Republicans,  and  when  Nebraska  is  admitted  they 
will  send  two  more  Republicans  up  to  Congress,  and  thereby  our  stakes 
will  be  strengthened.  Gentlemen,  it  has  been  said  that  this  is  a  political 
hobby.  Was  not  the  Lecompton  Constitution  purely  tyrannical?  And  now 
will  these  men  come  up  here  and  say  "shame"  in  our  faces?    It  does  seem 


Saturday,  July  16,  1859.  253 

[*162]  to  me  if  any  people  in  the  world  ought  to  cover  their  *heads  and 
beg  to  the  Republican  party,  they  are  those  who  have  tyrannized  over  the 
Republican  party  in  Kansas.  In  Congress  they  fixed  it,  as  they  thought, 
to  make  Kansas  a  slave  State;  but  when  they  sent  men  into  Kansas,  they 
found  they  had  been  whipped  out  on  their  own  ground— they  found  the 
line  fixed  too  far  up  for  a  slave  State.  Take  on  some  north,  and  they  will 
cut  off  a  fifty  mile  strip  from  the  south  and  put  us  with  the  Cherokees — a 
slave  nation.  We  are  willing  to  indulge  and  permit  these  Democrats  to 
take  part  in  the  deliberations  of  this  Convention,  but  we  say  they  don't 
deserve  it. 

Mr.  J.  Blood.    Mr.  Chairman,  I  wish  to  say  only  a  word  or  two.    In 
the  first  place  in  regard  to  the  proposition  offered  by  the  gentleman  from 
Riley  (Mr.  Houston)  to  extend  our  western  boundary  to  the  summit  of 
the  Rocky  Mountains.    I  think  it  is  not  necessary  to  discuss  that  question, 
for  I  presume  there  are  but  very  few  gentlemen  who  would  think  for  a 
moment  of  including  a  large  number  of  people  who  have  expressed  a  de- 
sire to  be  left  out.    I  have  no  disposition  to  force  into  the  new  State  of 
Kansas  an  unwilling  people,  separated  from  us  as  they  are.    But  in  regard 
to  the  northern  boundary,  it  has  been  said  that  there  has  been  no  argument 
used  against  the  extension  of  our  northern  boundary,  except  those  of  a 
political  consideration.    Mr.  Chairman,  the  people  of  Kansas,  in  the  por- 
tion I  in  part  represent,  are  almost  unanimously  opposed  1o  the  extension 
of  the  northern  boundary,  for  other  considerations.    I  believe  three-fourths 
of  the  people  of  Kansas  are  opposed  to  an  extension  of  boundary  in  that 
direction.    I  have  been  more  than  anxious  to  listen  to  some  arguments  in 
favor  of  the  proposed  extension.    We  have  been  told  that  it  is  proposed  to 
give  a  large  tract  of  country.    I  don't  understand  we  are  to  receive  any- 
thing.    The  proposition  to  give  is  an  imposition.     No  such  thing  is  con- 
templated.    The  simple  proposition  is  to  extend  the  boundaries  of  the 
future  State  of  Kansas;   and  the  simple  question  is,  is  it  beneficial?     I 
think  it  can  be  only  in  one  way — that  of  adding  something  to  help  us  pay 
the  taxes  of  government.     And  will  not  annexation  increase  the  expenses 
of  government  in  proportion  to  the  increase  of  the  value  of  taxable  prop- 
erty?   It  strikes  me  so.    Then  I  can  see  no  advantage  to  be  gained     Our 
commercial  interests  are  not  pointing  in  that  direction;  our  railroad  in- 
terests are  not  in  that  direction,  so  no  advantage  is  proposed  except  this 
one  of  taxation;  and  in  my  opinion  the  annexation  would  not  lessen  our 
taxation.    The  increase  of  expenses  would  be  about  equal  to  the  increased 
revenues  from  taxation.    But  there  are  some  political  considerations  that 
interest  the  whole  country.    It  is  only  necessary,  Mr.  Chairman,  to  look 
round  and  see  who  are  advocating  this  plan  of  annexing  this  strip  of 
country,  to  understand,  to  know  where  the  plan  originated.    There  is  this 
consideration:   with  the  present  boundaries  of  Kansas,  the  prospects  are 
she  will  go  into  the  Union  a  free  State,  and  in  a  short  time  Nebraska  also 
— and  both  free  Republican  States.    But  by  this  little  arrangement,  fixed 
up  by  the  Democratic  party — fixed  up  by  Democratic  politicians,  and  ad- 
vocated by  nobody  else — the  pro-slavery  party  of  this  nation  has  planned 
this  scheme.    There  is  a  probability  that  it  may  work  in  this  way:    take 
twenty-five  thousand  population  from  Nebraska,  and  it  must  retard  her 
admission  into  the  Union  for  a  number  of  years;  and  by  taking  off  the 
south  part  of  Kansas  and  annexing  it  to  the   Indian  Territory,   would 
make  a  slave  State.    For  four  years  the  Democratic  party  have  been  trj'- 
ing  to  form  a  plan  to  make  another  slave  State.     I  presume  intelligent 
Democrats  know  this.     Two  pro-slavery  Senators  from  the  new  State 


254  Convention  Proceedings  and  Debates. 

[*163]  south  of  us,  and  two  from  *Kansas,  would  make  a  material  differ- 
ence in  the  complexion  of  the  U.  S.  Senate  from  what  it  would  be  with 
Kansas  and  Nebraska  free  Republican  States.  I  think  there  is  a  great 
deal  of  political  importance  attached  to  this  question.  Gentlemen  say, 
men  should  be  ashamed  to  raise  this  question.  They  get  up  here  and  say 
that  it  is  not  for  political  purposes,  but  simply  for  the  interest  of  the 
whole  people;  while  the  people  say,  "we  don't  want  this  thing."  It  seems 
that  the  people  don't  know  what  they  want  as  well  as  the  Democratic 
party  knows.  But  believing  as  I  do  in  the  intelligence  of  the  people  of 
Kansas,  and  that  more  than  three-fourths  or  four-fifths  of  them  are 
opposed  to  the  extension  of  the  boundary  of  Kansas  north,  I  oppose  it. 

Mr.  Kingman.  If  we  add  this  one-third  to  our  territory,  is  it  proposed 
to  add  a  proportionate  amount  to  the  grant  of  lands  by  Congress? 

Mr.  J.  Blood.    No,  sir,  not  that  I  know  of. 

Mr.  Stiarwalt.  Mr.  Chairman,  I  desire  to  say  a  few  words,  as  I  ex- 
pect to  vote  on  this  question.  I  must  confess,  if  I  have  heard  it  all,  that 
this  must  be  a  Democratic  move.  I  have  heard  Republicans  and  Demo- 
crats that  are  in  favor  of  admitting  Southern  Nebraska,  and  but  one 
sentiment  prevailed;  and  that  was,  that  it  is  a  strip  of  territory  very  de- 
sirable. Gentlemen  say  this  is  a  Democratic  move,  and  for  no  other  reason 
in  the  world  than  that  Democrats  support  it.  Democrats  cannot  get  up 
and  vote  together  here  on  any  question  without  the  opposition  saying  it  is 
a  Democratic  move;  and  we  must  not  vote  together  at  all,  or  they  will 
say  every  move  is  a  Democratic  move.  I  will  give  my  reasons  for  voting 
for  this  admission.  I  am  not  for  takinc  land  into  the  Territory  as  pro- 
posed by  the  gentleman  from  Riley.  (Mr.  Houston).  I  do  not  desire  it; 
but  what  has  led  me  to  vote  as  I  do,  is  this:  I  remember,  when  I  was  a 
young  man,  the  Governor  of  my  State  calling  out  the  Militia — and  for 
what  purpose?  Why,  to  march  to  the  boundary  line  of  Michigan  because 
there  was  about  twenty  miles  of  disputed  territory  between  the  two 
States.  I  found  both  States  had  called  out  their  militia,  and  other  States 
came  in  to  stop  the  matter.  And  what  was  it  all  for?  For  twenty  miles  of 
territory.  In  1839  or  1840  the  same  thing  occurred  between  Iowa  and 
Missouri,  in  consequence  of  disputed  territory  (I  forget  the  amount)  and 
each  State  had  their  men  marshalled  on  the  line.  Between  two  slave 
States,  Tennessee  and  Kentucky,  we  find  a  similar  transaction.  And  con- 
sequently it  does  seem  to  me  if  this  strip  of  land  is  very  valuable  we  ought 
to  claim  it  while  we  can,  undisputedly.  But  who  gets  up  this  scheme?  It 
is  the  Republican  party,  and  nobody  else.  A  gentleman  moved,  in  the 
Republican  Legislature  last  winter,  to  memorialize  Congress  upon  this  sub- 
ject. A  Republican  gentleman  got  up  that  motion,  and  did  j^ou  hear  of 
anybody  going  against  that  motion?  If  you  did,  why  did  they  carry  it 
and  memorialize  Congress  to  receive  that  portion  of  Nebraska  into  Kansas? 
This  move  came  from  the  Republican  party,  but  I  venture  1o  say  that,  had 
it  originated  with  the  Democratic  party,  the  measure  would  not  have  been 
carried.  No,  gentlemen,  I  cannot  oppose  it  and  go  back  to  my  constit- 
uents. The  question  with  us  was  long  since  decided.  I  desire  to  put  the 
boundary  of  Kansas  so  that  she  shall  have  a  fair  boundary.  We  ought  to 
ask  for  a  good  deal  of  land,  and  we  ought  to  have  a  great  deal  to  get  it  out 
of.  I  did  suppose  there  were  some  gentlemen  here  who  would  rise  above 
party  on  this  question.  I  think  our  Democratic  members  have  ever  been 
Free  State  men.  They  have  worked  just  as  hard,  and  have  voted  just  as 
strenuously  against  the  pro-slavery  party  as  have  the  Republicans.  A  ma- 


Saturday,  July  16,  1859.  255 

[*164]  *jority  of  all  that  stand  upon  this  floor  have  been  against  the 
pro-slavery  party.  When  I  vote  with  the  other  party  I  vote  Democratic 
sentiments,  but  I  don't  change.  I  wish  these  men  to  be  set  right.  They 
tell  me  they  never  will  vote  for  anything  but  a  free  State.  Democrats  are 
as  good  as  Republicans  upon  this  question.  And  although  this  is  not  the 
course  I  have  sometimes  taken,  it  is  just  my  feeling  now.  This  question  is 
all-important.  It  gives  us  a  good,  rich  strip  of  country.  Now,  with  re- 
gard to  the  speech  of  the  gentleman  from  Southern  Nebraska  to-day  (Mr. 
Taylor),  I  believe  that  man,  every  word  he  says.  He  comes  here  anH  risks 
his  reputation  upon  the  assertion  that  Southern  Nebraska  is  Republican. 
And  I  believe  him  to  be  as  good  a  Republican  as  anybody  in  this  house. 
He  stakes  his  character  upon  this  floor  for  the  truth  of  his  assertions ;  and 
yet  gentlemen  say  he  comes  here  with  a  pohtical  trick!  If  I  have  made  a 
right  calculation,  it  would  make  this  river  (the  Kaw)  the  centre  of  the 
State  of  Kansas.  Is  there  any  reason  in  the  world  why  we  should  not  do 
it?  They  say  "we  have  a  power  in  the  south  and  we  will  cut  you  off  iu 
the  north."  Sir,  I  come  here  as  a  representative  of  the  people,  and  when 
I  speak  the  word  "people"  I  mean  the  whole  people.     1  will  venture  to 

say  to-day,  that  when  Kansas 

Here  the  chairman's  hammer  fell,  under  the  ten  minute  rule. 

Mr.  Ritchie.  Mr.  Chairman,  it  seems  to  me  that  this  discussion  is  all 
for  buncombe.  I  don't  see  any  possibility  of  our  annexing  that  section  of 
country,  if  we  desired  to  do  so.  We  are  without  the  power  here  to  do  this 
thing.  And  why  is  this  thing  so  strongly  urged,  if  there  is  not  an  object? 
Gentlemen  say  here,  will  any  man  get  up  and  say  that  party  has  anything 
to  do  in  things  in  Kansas?  Gentlemen,  I  do  not  know  whether  the  Re- 
publican party  will  assert  any  such  thing  or  not,  but  there  is  one  man  in 
Kansas  that  will  stand  up  and  face  that  question,  and  say,  I  know  that 
party  has  something  to  do  with  these  things.  I  for  one  believe,  that, 
when  that  natural  boundary  was  not  observed,  this  Administration  had  in 
its  eye  to  make  a  slave  State  south  of  the  Platte;  and  I  believe  that 
gentlemen  thought  so  at  the  time.  But  now  the  circumstances  are  differ- 
ent. We  are  asking  to  come  into  the  Union  as  the  free  State  of  Kansas. 
When  the  gentleman  from  Southern  Nebraska  (Mr.  Taylor)  was  speaking 
about  their  patriotism,  my  heart  was  made  glad  because  of  their  assistance 
in  helping  those  men  to  fight  liberty's  battles  here  in  Kansas.  1  feel  that 
while  I  speak  of  this  thing  as  a  partisan  (I  do  not  speak  of  it  as  to  in- 
dividuals) there  are  men  yet  remaining  in  the  Democratic  party  who  have 
not  sympathized  with  this  oppression  that  would  inflict  u])on  a  fellow 
man  the  chains  of  slavery.  I  hold,  then,  that  we  have  no  power  to  admit 
this  territory  into  our  State  government.  Suppose  that  we  submit  the 
question  to  a  vote  of  the  people,  where  does  that  place  it?  I  believe,  ac- 
cording to  the  argument  presented  here,  that  before  they  could  possibly 
have  an  act  from  Congress  admitting  them  and  declarins:  them  a  part  of 
the  State,  they  could  have  a  voice  in  our  Legislature.  Well,  if  not,  let  us 
get  in  as  a  Republican  State,  and  if  they  are  Re])ub!ican  up  there,  and  it 
is  to  the  interest  of  the  State  at  large,  we  shall  be  just  as  willing  to  help 
them  then  as  we  could  be  now.  I  do  not  hear  that  they  are  goin-r  to  make 
plans  to  come  into  the  Union  sooner  than  we.  It  will  be  in  good  time  then. 
I  dislike  to  hear  assertions  made  about  individuals  being  covered  up  by 
party  feeling.  I  have  seen  very  little  of  this,  but  it  is  true.  And  when  I 
hear  men  get  up  here  and  stisimatize  the  idea  of  bleeding  Kansas,  as  a  slur 
upon  Kansas,  I  think  it  ought  to  be  met,  not  in  a  party  sense,  but  as  the 
truth  of  history,  that  history  may  not  be  misrepresented.    I  think  it  ought 


256      .  Convention  Proceedings  and  Debates. 

[*165]  to  be  *\vritten  in  the  history  of  Kansas  that  this  bleeding  was 
blood.  I  would  ask  my  friends  here,  who  has  not  heard  of  the  bleeding  of 
Brown;  the  murder  of  McOnot;  the  death  of  Dever;  and  the  death  of 
Porter?  And  I  want  to  know  if  some  of  us  did  not  listen  to  the  shrieks 
of  that  woman  who  has  not  dried  her  tears  up  yet?  And  now  we  are 
urged  to  go  into  a  government  and  be  ruled  by  that  party  whose  hands 
are  stained  with  such  work  as  this.  No,  gentlemen,  take  oft'  that  arm  first! 
(Mr.  Graham.  That's  it!)  I  never  speak  as  to  party.  I  have  no  party 
feelings,  my  friends.  This  Democratic  wing  knows  that  when  I  agree 
with  them  in  principle  I  indicate  that  principle;  and  I  expect  to  be  in  sxidh 
a  mood  and  state  of  mind  that  one  of  my  principles  shall  be  to  extend 
equal  rights  to  every  race  and  color,  kindred  and  tongue.  I  am  not  con- 
fined to  little  Democratic  caucuses,  nor  to  Black  Republican  caucuses, 
unless  they  are  right;  and  let  that  principle  drive  us  all  along,  and  then 
perhaps  you  will  get  me  into  caucuses.  When  you  allude  to  an  administra- 
tion, that  is  black  in  crime,  I  think  of  the  days  when  we  saw  one  hundred 
men  of  Kansas  prisoners  for  no  other  reason  than  that  they  dared  to  throw 
back  the  pro-slavery  schemes  where  they  belonged.  Gentlemen,  you  are 
not  all  partisans  here  backing  up  that  Administration,  but  if  you  are  not 
in  that  category  then  I  charge  it  upon  you.  If  you  do  not  support  this 
from  any  political  measure,  but  will  leave  it  to  a  popular  vote  of  the 
people — presently,  I  would  have  no  objections,  but  not  at  this  time.  I 
think  it  out  of  season,  altogether. 

Mr.  Foster.  Mr.  Chairman,  if  I  had  the  eloquence  of  Demosthenes  or 
the  logic  of  Cicero,  I  should  not  presume  to  make  a  speech  as  hot  as  I  now 
am.  I  rise  to  make  an  inquiry.  1  understood  the  gentleman  from  Ander- 
son (Mr.  Blunt)  to  make  a  charge  of  barsain  and  sale.  It  was  done  so ' 
indefinitely  that  I  was  unable  to  understand  it  fully.  If  it  is  his  pleasure,  I 
wish  he  would  make  his  charge  more  explicit.  1  do  this  with  the  design  of 
moving  a  committee  of  inquiry,  and  if  there  is  any  truth  in  the  charge  I 
want  it  brought  out. 

Mr.  Blunt.  I  will  just  state  that  it  had  reference  to  no  member  of  this 
Convention  making  any  such  proposition.  I  stated  it  was  a  member  of  the 
Democratic  party  in  high  official  station  in  this  Territory;  but,  inasmuch 
as  it  has  no  reference  to  any  member  upon  this  floor,  and  as  I  exculpate 
every  member  upon  this  floor  from  having  made  any  such  proposition,  I 
do  not  think  it  best  to  make  any  further  statement. 

Mr.  Foster.    Perfectly  satisfactory. 

Mr.  Houston.  Mr.  Chairman,  I  would  like  to  have  the  last  speech 
upon  this  question.  I  don't  wish  to  crowd  my  views  upon  the  Convention, 
for  I  think  you  are  all  well  quahfied  to  judge  upon  this  matter,  and  for 
that  reason  I  would  rather  not  speak,  but  there  is  a  magnitude  about  this 
question  that  demands  our  best  thought.  Now  it  has  been  urged  that  it 
will  make  our  State  election  Democratic.  Let  us  see  how  it  will  work.  We 
make  this  Constitution,  and  it  is  to  be  submitted  to  a  vote  of  the  people  in 
November  when  we  vote  for  Territorial  ofiicers,  in  December  we  elect  State 
officers,  and  there  is  not  a  particle  of  provision,  and  no  man  proposes  to 
give  Southern  Nebraska  a  voice  in  those  elections.  Then,  of  course,  she 
will  not  have  a  voice  in  the  election  of  United  States  Senators.  These 
Senators  must  be  elected  by  the  voice  of  the  freemen  of  Kansas.  How  can 
they  get  a  vote?  They  cannot  bring  to  bear  a  sinde  vote  before  a  year 
from  next  winter,  admitting  that  we  should  be  admitted  this  winter.  Some 
can  vote  against  that  resjion  because  it  will  be  Democratic.  These  votes 
will  be  counted  in  the  Territorial  election  next  fall,  and  your  imaginary 


Saturday,  July  16,  1S59.  257 

line  will  not  affect  you  in  the  least.    We  have  no  authority  here,  our  Con- 
stit\ition  is  nothing  but  a  dead  letter  until  the  people  breathe  into  it 
vitality.    Until  that  is  done,  most  emphatically,  our  imaginary  hne  counts 
[*166]     but  nothing — the  people  will  vote  whether  we  exclude  *or  include 
them.    I  don't  know  but  it  will  go  Democratic.    I  think  it  will  go  Demo- 
cratic, for  1  am  afraid  we  will  show  our  incapacity  for  the  hour  in  which 
we  will  live.     I  believe  there  is  no  question  of  such  vast  moment  to  the 
Republican  party  as  this  one.    I  would  be  wilhng  to  take  it  and  go  before 
the  people  on  it.    I  might  be  beaten  once  in  Southern  Kansas,  but  before 
the  battle  was  through,  if  I  had  talents  equal  to  my  opponents,  I  should 
succeed  with  the  main  part  of  Republicans  on  the  north  side  of  the  Kansas 
river.    My  impression  is  that  the  votes  will  show  that  Republicans  on  the 
north  side  of  the  river  are  not  Democrats;   that  they  are  as  reliable  as 
those  on  the  south.    Gentlemen  seem  to  get  up  here  and  have  the  cry 
which  reminds  me  of  little  children.     They  get  up  and  repeat  the  old 
story — "we  will  fall  into  the  hands  of  the  slave  power."    "We  have  been 
injured  by  the  federal  government."     But,  gentlemen,  I  do  think  such 
groundless  fears  the  most  foolish  of  all  arguments  that  1  have  ever  heard. 
For  us  to  suppose  that  when  we  have  a  Republican  Congress,  the  Repub- 
lican House  of  Representatives  will  be  divided  and  throw  off  part  of  this 
Territory!     It  is  absurd.    The  Democratic  party  dare  not  do  it,  for  they 
have  almost  annihilated  their  party  on  this  ground.    But  the  Democrats 
show  their  shrewdness  in  advocating  this  measure  of  annexation.     They 
see  the  thing  in  a  moment,  and  would  be  glad  to  be  aiders,  because  they 
know  they  can  sustain  themselves  before  the  people  upon  this.     I  am  a 
Republican,  and  I  am  unwilling  to  let  the  Democratic  party  have  the 
glory  of  this  measure.    I  am  sorry  to  have  you  give  this  measure  up,  and 
call  it  a  Democratic  measure,  because  it  is  only  to  give  them  the  power  and 
glory  of  it.    It  is  a  long  lane  that  has  no  turn.    How  large  would  a  State 
have  to  be  to  be  too  large?    You  can  have  a  perfect  network  of  railroads 
over  th's  State — you  can  run  a  rni^road  from  here  to  the  mountains  in  a 
few  years.     Is  that  too  large?     When  the  gentleman  says  that  the  agri- 
cultural interests  do  not  want  any  connection  with  the  mining  interests,  I 
would  like  to  know  if  he  don't  want  to  carry  his  corn  to  the  mines  and  get 
money  for  it? 

Here  the  Chairman's  hammer  fell,  under  the  ten  minutes  rule. 
Mr.  Kingman.    I  move  that  the  gentleman  be  allowed  to  proceed. 
The  motion  was  agreed  to. 

Mr.  Houston.    Thank  you,  gentlemen.    I  have  an  interest  in  this  thing. 
Mr.  J.  Blood.    Mr.  Chairman,  I  move  that  the  gentleman  from  Riley 
be  allowed  a  half  hour. 

The  motion  was  agreed  to. 

Mr.  Houston.  Why,  gentlemen,  we  want  this  connection  in  the  asri- 
cultural  region;  and  should  be  glad  to  have  a  connection  of  this  sort  that 
we  might  get  the  highest  possible  price  for  our  products.  This  is  the  way 
to  give  our  young  State  strength  and  vigor.  One  would  suppose  from  what 
gentlemen  say  of  the  country,  that  it  was  a  God-forsaken  desert;  that  the 
lightnings  of  heaven  had  poured  their  streams  of  death  upon  it  for  cen- 
turies. But  what  are  the  facts?  Almost  every  one  that  goes  out  there 
tells  us  that  it  is  covered  with  immense  herds  of  buffaloes  as  far  as  the 
eye  can  reach,  over  a  vast  extent — north,  south,  east  and  west.  I  believe 
I  have  as  much  respect  for  the  buffaloes'  opinion  as  I  have  for  the  gentle- 
men's here,  in  regard  to  that  country.     Who  ever  heard  of  wild  animals 

17 — 778 


258  Convention  Proceedings  and  Debates. 

seeking  a  home  that  is  perfectly  barren?  Why,  the  grass  must  be  ex- 
tremely nutritious  there.  I  belieA-e  that  cotton  can  be  raised  on  these 
plains,  that  will  supply  the  demands  of  the  whole  country.  When  we  get 
a  railroad  out  there,  can't  you  tax  these  herds?  When  you  run  a  railroad 
out  there  let  men  make  a  business  of  herding.  You  know  very  little  about 
that  country.  There  are  mines  and  salt  springs  there.  One  gentleman 
remarked  to  me  a  short  time  since  that  he  had  written  hundreds  of  letters 
to  the  East,  tellins  them  to  come  on  here ;  that  we  wanted  to  make  a  path- 
[*167]  way  to  the  Rocky  Mountains  over  this  very  country  we  *are  now 
proposing  to  give  away.  I  would  keep  it  till  we  found  out  all  about  it. 
Who  ever  heard  of  a  man  cutting  off  part  of  his  farm  before  he  had  ex- 
amined it?  Now,  gentlemen,  this  Territory  may  be  too  large  for  certain 
schemes  of  partisanship,  but  it  is  not  too  large  to  make  a  grand  and  a 
glorious  State  for  the  people,  and  for  the  interests  of  the  people. 

We  are  told  by  one  gentleman  that  to  take  in  all  the  proposed  terri- 
tory will  lessen  our  chances  for  admission.  Now,  gentlemen,  it  is  very 
strange  that  two  men  may  reason  upon  the  same  subject,  and  yet  come  to 
different  conclusions.  I  believe  it  will  aid  us  to  come  in.  The  impression 
has  gone  out  that  it  ought  to  take  ninety  or  one  hundred  thousand  per- 
sons, before  a  Territory  can  come  into  the  Union.  Such  a  law  ought  to 
be  applied  to  every  Territory.  We  would  have  had  peace  and  quiet  here  if 
it  had  been  on  the  statute  book  before  we  were  a  Territory.  But  now 
what  are  the  figures  in  reference  to  this?  I  have  inquired  how  many  votes 
there  were  cast  at  this  last  election,  and  I  find  there  were  only  nine 
thousand  and  ninety-three.  Grant  that  all  did  not  vote.  Add  one-half 
more  and  you  have  fifteen  thousand  voters  in  Kansas.  How  many  popula- 
tion will  that  be?  Well,  I  don't  believe  that  we  have  more  than  three 
times  that;  that  is,  I  know  from  the  agricultural  resion  there  is  a  voter 
to  every  three  persons.  Suppose  it  was  so,  what  do  you  have?  Why, 
forty-five  thousand  persons,  all  told;  and  gentlemen,  there  ain't  a  particle 
more  in  Kansas  to-day,  if  the  last  one  were  dragged  out.  You  go  up  to 
Congress,  and  the  consequence  will  be  you  won't  have  the  requisite  popula- 
tion. Take  in  the  people  from  Southern  Nebraska,  and  that  fifteen  or 
twenty  thousand  people  will  settle  the  question  at  once;  and  I  should 
favor  that  annexation  on  that  account  alone;  for  that  is  a  strong  argu- 
ment. We  never  have  proposed  to  ask  for  more  than  a  memorial,  that 
might  be  referred  to  a  committee  in  Congress,  or  laid  on  the  table,  or 
under  the  table;  and  the  Constitution  run  through  without  any  reference 
to  it.  Our  Legislature  will  meet  in  December,  and  this  question  may 
come  up  before  the  people,  and  the  Legislature  may  memorialize  Con- 
gress again.  And  if  you  don't  want  it.  Congress  will  not  let  you  have 
it.  It  does  seem  to  me  that  we  have  a  golden  opportunity  to  place  our- 
selves in  such  an  enviable  attitude ;  and  it  does  seem  to  me  most  unwise  to 

reject  it. 

Gentlemen  talk  about  the  railroad  and  commercial  interests  being  af- 
fected by  the  proposed  annexation.  I  am  not  so  well  posted  in  commercial 
matters  as  some  of  you,  but  I  think  it  would  be  a  wise  plan  to  make  a 
railroad  down  to  Atchison.  When  the  north  is  pouring  into  the  bosom  of 
our  territory,  as  she  is,  I  think  we  ought  to  get  railroads  into  the  State 
as  quick  as  we  can.  Get  railroads  under  way,  and  they  would  be  the  high- 
ways of  the  nation  for  years  to  come.  Instead  of  waiting  till  capital  from 
the  east  completes  them,  away  up  there  in  Nebraska,  we  ought  to  set  to 
work  and  build  thom  here.  I  think  there  is  a  question  of  some  magnitude 
in  the  consideration;  whether  you  concentrate  this  line  from  east  to  west 
in  Kansas,  or  whether  you  let  it  pass  up  north.     There  is  commerce  in 


Saturday,  July  16,  1859.  259 

that — and  there  is  glory  and  wealth  in  it.  We  are  not  providins;  for 
Nebraska  here.  The  people  of  our  Territory  sent  us  here  to  naake  a 
Constitution  for  the  future  State  of  Kansas.  It  becomes  us,  then,  to  make 
a  Constitution  for  the  people  of  Kansas,  and  we  can't  shift  the  respon- 
sibility. Don't  let  us  come  up  with  a  few  square  acres.  If  you  have  no 
better  arguments  than  you  have  advanced  here  against  increasing  our 
area,  hide  them.  Let  us  have  some  real  objection,  if  you  have  got  any. 
It  won't  do  to  tell  the  people  in  the  south  part  of  Kansas,  that  you  were 
afraid.  This  won't  satisfy  the  wants  of  the  people  five  years  from  now. 
Look  at  it  in  all  its  bearings,  and  act  upon  it  as  men  commissioned  from 
on  high  to  perform  a  great,  solemn  duty.  I  thank  you,  gentlemen. 
[*168]  Mr.  Burnett.  Mr.  Chairman,  I  do  not  in*tend  to  weary  the 
Convention,  although  I  deem  this  subject  of  great  magnitude.  Although 
I  can't  appreciate  the  logic  of  the  gentleman,  (and  I  should  beg  his  pardon, 
perhaps,  for  not  doing  so),  yet  I  think  we  have  good  reasops  why  we 
object  to  this  measure  at  the  present  time.  I  hail  from  Bourbon  county, 
and  when  I  stand  up  here  I  shall  endeavor  to  give  some  reasons  that  I 
have  for  objecting  to  this  measure  as  a  representative  of  Bourbon  county. 
Now,  gentlemen,  the  people  of  Bourbon  county  deem  it  to  be  of  the 
greatest  importance  that  we  shall  first  obtain  admission  into  the  Union. 
The  government  saw  fit  in  the  organic  act  to  establish  the  boundaries  of 
Kansas,  and  gentlemen,  for  one  I  am  willing  to  seek  admission  into  this 
Union  first  under  the  boundaries  prescribed  by  that  act,  and  any  mutila- 
tion would  only  have  a  tendency  to  distract  and  divide  the  people  in  this 
matter.  I  think  one  object  of  these  gentlemen,  in  lumbering  up  the 
Constitution  with  all  these  side  issues,  is  to  so  chstract  the  people  as  that 
they  will  vote  against  the  Constitution;  and  then  the  ends  of  certain 
partisan  interests  will  be  answered.  I  do  not  say  this  is  the  object  of  men 
upon  this  floor,  but  I  do  say  there  are  interests  at  work,  and  perhaps 
these  influences  have  been  brought  to  bear  upon  most  of  the  delegates  in 
this  Convention,  in  order  to  bring  about  the  defeat  of  our  admission  as  a 
State.  We  want  the  plain,  naked  issue  presented  to  us,  in  respect  to  our 
admission  as  a  State  under  our  present  boundaries — and  we  want  no  side 
issues  to  enter  into  the  question.  What  is  the  nature  of  this  question  of 
boundary  lines?  What  is  its  natural  effect?  We  know  there  can  be  noth- 
ing in  the  world  so  well  calculated  to  divide  the  people  as  questions  of  this 
character.  How  often  it  is  that  sections  of  country  are  divided  up  by 
sectional  considerations!  There  can  be  no  question  sprung  upon  these 
people  better  calculated  to  divide  the  people  than  this  question  of  the 
annexation  of  a  part  of  Nebraska. 

•  It  has  been  claimed  that  this  is  a  Republican  measure;  but  I  don't 
wish  to  treat  the  question  in  that  view.  In  the  light  of  a  partisan,  no 
less  than  as  a  representative  from  Southern  Kansas,  a  section  of  country 
that  has  been  almost  wholly  unrepresented  in  the  legislati\"e  bodies  of  the 
Territory,  I  think  I  have  a  right  to  say  a  word  on  this  subject.  This  is 
the  first  deliberative  body  in  which  Southern  Kansas  has  ever  had  a  repre- 
sentative. No  sooner  have  we  obtained  a  representation  here  than  a  ques- 
tion is  agitated  which  is  to  determine  for  the  future,  whether  we  shall  have 
any  influence  in  deliberative  bodies  in  the  future.  We  understand  that 
questions  of  great  importance  will  come  up.  If  we  come  in  as  a  State, 
we  may  have  the  good  luck  to  have  the  question  of  a  railroad  grant  to 
dispose  of.  We  have  a  right  to  look  at  it  from  a  local  point  of  view,  and 
I  would  ask  if  it  would  not  be  natural  for  a  sectional  feeling  to  influence 
the  disposition  of  grants  of  land  for  railroads?  And  we  desire  to  look 
well  to  the  future  influence  of  Southern  Kansas.     Gentlemen,  all  that  I 


260  CoxvEXTiox  Proceedings  and  Debates. 

ask  is,  that  we  seek  admission  under  our  present  boundaries.  We  are 
satisfied  with  them  at  the  present  time;  and  after  we  have  once  obtained 
admission  into  the  Union,  if  the  general  good  requires  the  admission  of  this 
portion  of  territory,  I  see  nothing  in  the  world  to  prevent  it.  The  gentle- 
man from  Riley  (Mr.  Houston)  appears  to  be  favorable  to  railroads. 
He  thinks  that  to  extend  our  western  boundary  to  the  twenty-third  me- 
ridian, that  marginal  line  forever  cuts  off  all  commerce  ^^^th  the  western 
region.  He  talks  also  about  his  wheat,  about  aorricultural  products,  and 
asks  gentlemen  if  they  would  like  to  have  the  gold  regions  cut  off  so  that 
he  could  not  sell  his  wheat!  There  is  logic  in  this!  When  the  gentleman 
gets  out  there  with  his  wheat,  he  runs  butt  up  against  this  imaginary 
line,  and  has  to  turn  about  and  bring  back  his  agricultural  products  to 
Manhattan  for  a  market!  Suffice  it  to  say,  I  think  the  gentleman's  logic 
will  not  have  very  much  effect  upon  the  minds  of  gentlemen  of  this  Con- 
vention. I  do  not  wish  to  take  up  the  time  of  the  Convention.  I  think 
[*169]  *we  ought  to  come  to  a  determination  to-day.  We  ought  to  go 
home  by  the  close  of  another  week,  and  I  feel  aiLxious  to  come  to  a  con- 
clusion immediately. 

Mr.  Thacher.  ]\Ir.  Chairman,  I  suggest  that  we  rise  at  a  quarter  to 
six  o'clock,  and  close  this  debate. 

Mr.  Wriglet.    I  move  that  the  committee  rise  now  and  report  progress. 

Mr.  Graham.    I  move  to  lay  the  motion  on  the  table. 

Mr.  Wrigley.     (Soto  voce.)    I  thank  the  gentleman  for  his  courtesy. 

The  motion  was  laid  on  the  table  upon  a  division — affirmative  22,  nega- 
tive 16. 

Mr.  Houston.  Mr.  Chairman,  I  have  been  indulged  more  than  my 
time,  but  I  must  say  that  I  think  the  suggestion  of  the  gentleman  from 
Douglas  (Mr.  Thacher)  looks  like  curtai'ing  debate.  I  think  it  but  cour- 
teous that  every  gentleman  should  have  a  chance  to  speak  upon  this 
question. 

Mr.  J.  Blood.  Mr.  Chairman,  I  think  gentlemen  have  got  through. 
I  don't  suppose  they  are  disposed  to  debate  further  on  the  opposite  side; 
and  I  am  anxious  to  close  this  debate  as  soon  as  we  can.  If  we  can  get 
through  with  it  to-day  I  think  it  would  be  better,  so  as  to  be  able  to 
take  up  some  other  business  on  Monday.  For  this  reason  I  favor  the 
proposition. 

Mr.  Foster.  Mr.  Chairman,  it  seems  to  me  that  this  is  another  gag 
rule.  I  have  no  desire  to  make  any  remarks  this  afternoon,  but  I  know 
of  several  gentlemen  who  are  anxious  to  speak.  Gentlemen  have  gone  cm 
time  farther  than  the  rule  of  the  gentleman  from  Osage  (Mr.  Winchell) 
permitted;  and  I  think  we  should  let  the  discussion  extend  to  the  ad- 
journment. 

Mr.  Thacher.  The  only  object  is  to  get  through  some  time.  I  propose 
that  we  let  you  discuss  it  to  your  heart's  content  till  a  quarter  before  six. 

Mr.  Foster.    I  move  to  lay  it  on  the  table. 

This  motion  was  lost  on  a  division — affirmative  16,  negative  20. 

Mr.  Thacher.  Mr.  Chairman,  I  think  the  charge  of  "gag,"  upon  as 
liberal  a  majority  as  we  have  here,  is  one  most  unnecessary  and  untrenerous. 
I  have  never  heard  of  so  decided  a  majority  extending,  as  we  do,  every 
courtesy  to  so  small  a  minority.  We  stand  in  relation  to  the  other  side 
about  two  to  one  every  time. 

Mr.  Foster.     I  submit  to  the  gentleman  that  the  charge  of  gag  rule 


Saturday,  July  16,  1859.  261 

came  from  his  own  side  of  the  house.     The  gentleman  from  Anderson 
(Mr.  Blunt)  was  the  first  man  to  make  the  suggestion. 

Mr.  Thacher.  The  gentleman  from  Doniphan  (Mr.  Wrigley)  said  it 
was  a  gag  law  made  for  the  benefit  of  ignorance  and  imbecility. 

Mr.  Wrigley.  Mr.  Chairman,  I  desire  to  say  that  that  remark  was 
made  some  time  ago,  but  after  the  suggestion  of  the  gentleman  from 
Anderson.  I  certainly  have  been  disposed  to  extend  to  gentlemen  on  the 
other  side  of  the  house  every  courtesy.  I  have  been  disposed  to  conduct 
myself  with  decorum  in  this  house,  and  to  treat  the  majority  with  all  the 
courtesy  which  I  was  capable  of  extending.  It  has  occurred  to  me  that 
the  majority  of  this  Convention  cannot  claim  that  they  have  been  dis- 
posed to  treat  us  in  the  same  manner.  It  has  occurred  to  me,  that  on 
.several  occasions,  they  have  been  disposed  to  put  on  this  gag  rule.  They 
have  adopted  a  fifteen  minute  rule  in  the  Convention,  and  to-day,  in  com- 
mittee, they  dropped  to  ten  minutes.  I  am  not  very  familiar  with  parha- 
mentary  bodies,  and  have  taken  no  prominent  part  in  the  proceedings  of 
this  Convention,  but  I  believe  gentlemen  would  find  it  a  difficult  matter 
to  find  where  a  majority  has  ever  ruled  a  minority  to  ten  minutes  in  com- 
mittee of  the  whole. 

Mr.  Thacher.  I  would  call  attention  to  the  40th  rule.  There  can  be 
but  one  question  before  the  committee.  "All  questions  relating  to  the 
priority  of  business  shall  be  decided  without  debate." 
[*170]  The  Chairman.  The  chair  understands  that  *there  is  but  one 
question  before  the  committee,  and  that  unless  objection  is  made,  the 
permission  of  the  chair  will  be  given  to  any  other  gentleman  who  desires 
to  speak. 

Mr.  Graham.    I  would  ask  what  the  question  is? 
The  Chairi\l\x.     The  question  is  upon  the  motion  of  the  gentleman 
from  Douglas  (Mr.  Thacher). 
Mr.  Thacher.    I  withdraw  it. 
The  Chairman.    There  is  no  question  before  the  committee. 

Mr.  Wrigley.  Mr.  Chairman,  I  move  that  the  committee  rise,  report 
])rogress  and  ask  leave  to  sit  again. 

The  motion  was  agreed  to. 

The  committee  accordingly  rose,  and  the  chairman  reported  accord- 
ingly. 

Mr.  Thacher.  ISIr.  President,  I  move  that  leave  be  not  granted  to 
the  committee  of  the  whole  to  sit  again  on  this  question. 

Upon  this  motion  the  yeas  and  nays  were  demanded,  and  being  ordered 
and  taken,  resulted — yeas  25,  nays  19 — as  follows: 

Yeas — Messrs.  Burnett,  Burris,  J.  Blood,  Crocker,  Dutton,  Graham, 
Greer,  Griffith,  Hutchinson,  Hanway,  Hoffman,  Ingalls,  Kingman,  Lillie, 
Lamb,  McCullough,  Preston,  Ritchie,  Ross,  Signor,  Stokes,  Simpson, 
Thacher,  Townsend,  Williams — 25. 

Nays — Messrs.  Arthur,  Blunt,  Barton,  Foster,  Forman,  Hubbard, 
Houston,  Middleton,  Moore,  McDowell,  McCune,  McClelland.  Palmer, 
Parks,  Stinson,  Stiarwalt,  J.  Wright,  Wrigley,  T.  S.  Wright— 19. 

So  the  motion  was  agreed  to. 

Mr.  Stinson.    Mr.  President,  I  move  the  Convention  do  now  adjourn. 

The  motion  was  rejected,  on  a  division — affirmative  18,  negative  21. 


262  Convention  Proceedings  and  Debates. 

Mr.  Stinson.  Mr.  President,  I  move  that  the  question  now  under  dis- 
cussion be  postponed  till  Monday  next;  and  in  support  of  this  motion  I 
have  to  offer  a  few  remarks.  The  question  under  discussion  is  one  of  the 
greatest  magnitude  that  has  yet  been  presented  to  this  Convention,  and 
one  which  requires  the  most  mature  and  deliberate  action  on  the  part  of 
every  member  of  this  Convention.  As  1  understand  the  question,  it  is 
this:  whether  or  not  we  shall  cut  off  from  Kansas  a  portion  of  territory 
lying  west  from  us,  and  thus  diminish  the  present  territorial  limits  when 
we  come  into  the  Union  as  a  State.  I  deny  the  right  of  this  Convention 
to  do  any  such  thing;  and  I  ask  whether  you  stand  here  as  representatives 
of  different  sections  of  the  country,  or  are  you  here  as  representatives  of 
the  Territory  of  Kansas? 

The  President.    The  gentleman  will  address  himself  to  the  Chair. 

Mr.  Stinson.  Mr.  President,  I  say  this  Convention  represents  the 
Territory  of  Kansas;  and  the  members  of  it  are  not  simply  the  repre- 
sentatives of  Douglas,  Shawnee  or  Leavenworth,  in  the  separate  interests 
of  these  counties,  but  are  to  represent  not  only  the  interests  of  their  coun- 
ties, but  both  their  interests  and  the  interests  at  large  of  the  Territory  of 
Kansas.  I  say  this  portion  of  Kansas  proposed  to  be  cut  off  is  as  much 
part  of  the  country  which  you  represent  as  the  one  upon  which  we  are  now 
convened  to  frame  a  constitution  for  the  people  of  the  future  State  of 
Kansas.  Are  not  the  citizens  of  that  country  to  vote  for  or  against  this 
constitution?  Will  not  the  people  beyond  Fort  Riley  have  the  same  right 
to  vote  as  your  own  constituents,  upon  this  question?  And  do  you  sup- 
pose they  will  agree  to  your  construction  of  a  constitution  in  which  they 
can  have  no  interests?  I  say  this  Convention  has  seen  fit  to  bind  itself  by 
law,  and  when  we  have  stood  up  here  and  demanded  justice  and  equity 
upon  behalf  of  our  western  territory,  we  have  been  met  with  arguments  to 
cut  it  off.  I  ask  you  to  abide  by  the  bond  which  you  have  written  for  us. 
You  must  stand  up  well  to  what  you  have  so  strongly  held  us.  For  what 
purpose  were  you  called  here? — to  frame  a  constitution  for  a  certain  por- 
tion of  the  State  of  Kansas?  Would  that  be  consistent  with  the  oath  of 
office  which  all  the  members  of  this  Constitution  [Convention?]  have 
[*171]  taken  *upon  themselves?  It  binds  them  to  no  such  thing.  The 
present  convention  came  here  to  frame  what?  A  constitution  for  the  present 
Territory  of  Kansas — a  constitution,  rather,  under  which  the  present  Terri- 
tory shall  come  into  the  Union  as  the  State  of  Kansas.  And  do  gentlemen 
stand  here  and  say  that  under  the  law  calling  us  together,  they  have  a  right 
to  cut  off  a  portion  of  this  Territory,  because,  perchance,  there  is  no  dele- 
gate here  from  Minneola  and  Mantano,  standing  upon  this  floor  to  defend 
the  rights  of  their  constituents?  Do  gentlemen  claim  that  it  is  our  right  to 
say  where  that  line  shall  be?  1  tell  gentlemen  that  there  is  one  thing 
above  all  others  which  binds  us,  and  that  is  the  duty  to  act  for  the  pres- 
ent Territory  of  Kansas.  We  are  not  a  State  yet;  we  are  a  Territory;  and 
you  stand  here  the  representatives  of  that  Territory.  And  further,  gentle- 
men, allowing  that  you  have  the  right — that  it  is  your  high  privilege  to 
dissever  this  Territory — I  ask  you,  is  it  politic?  For  what  purposes  would 
you  dismember  the  Territory?  I  know  not  how  many  square  miles — two  or 
three  hundred  miles  wide  and  two  hundred  and  ten  miles  long,  is  to  be  cut 
off.  What  will  you  say  to  your  constituents?  What  argument,  will  you 
tell  them,  induced  you  to  dissever  the  richest  gold  fields  ever  discovered? 
I  have  got  to  hear  the  first  argument  adduced  in  favor  of  this  projiosition. 
I  have  heard  gentlemen  talk  about  Pcpublicanism  and  Democracy;  but  1 
ask  this  Convention  what  has  Republicanism  or  Democracy  to  do  with 


Saturday,  July  16,  1859.  263 

this  question  of  boundary?  I  say  that  when  members  of  this  Convention 
come  here  and  seek  to  bind  us  by  party  lines,  they  are  stepping  outside  of 
the  record.  I  don't  claim,  in  ordinary  matters,  to  be  any  more  above 
partisan  considerations  than  other  men — I  am  a  Democrat,  and  proud 
to  proclaim  it  here.  But  when  I  come  to  resist  the  measure  of  cutting;  off 
this  territory,  I  do  not  do  it  as  a  Democrat  but  as  a  representative  of  the 
people  of  Kansas,  and  as  a  man  whose  duty  it  is  to  represent  the  true  in- 
terests of  that  people.  Now,  gentlemen,  suppose  you  cut  this  off,  what  do 
you  gain  by  it?    When  all  agree  that  the  convenience  of  parties — 

The  PREsmENT.    The  gentleman  will  confine  his  remarks  to  the  question. 

Mr.  Stinson.  I  design  to  go  on  to  show  the  political  bearing  and  then 
proceed — 

The  President.  Unless  the  gentleman  confines  his  remarks  to  the 
question,  the  Chair  is  forced  to  rule  the  gentleman  out  of  order. 

Mr.  Stinson.  Having  been  thus  ruled  out  of  order,  there  is  one  further 
proposition  I  desire  to  lay  before  the  Convention,  and  that  is  this:  You 
say  you  are  fighting  this  proposition  as  a  party;  that  it  is  a  party  measure, 
because  it  is  going  to  build  up  the  Democratic  party.  I  tell  you,  gentle- 
men, make  the  limits  where  you  please,  and  the  Democratic  party  will  go 
before  the  people  of  this  Territory  and  throw  it  into  the  teeth  of  the  Re- 
publican party — 

The  President.  The  s"entVman  is  out  of  order.  He  should  confine  his 
remarks  to  the  question  of  postponement. 

Mr.  Stinson.  I  was  about  to  proceed  to  that  subject  after  illustrating 
my  general  considerations  sufficiently  on  the  western  boundary  question. 

The  President.    The  gentleman  must  speak  to  the  question. 

Mr.  Stinson.  Then,  Mr.  President,  ha\dng  somewhat  briefly  illus- 
trated the  importance  of  the  questions  now  under  consideration — yielding 
always  to  the  decisiops  of  those  in  authoritv,  I  propose  to  advance  some 
few  reasons  for  postponing  the  matter  till  Monday.  Mr.  President,  as  I 
was  about  to  remark — the  clock  is  warning  us  that  we  have  but  fifteen 
minutes  to  spare.  Under  these  circumstances,  and  with  but  fifteen  minutes 
to  discuss  a  measure  of  so  much  importance — with  this  important  question 
before  us,  gentlemen  come  here  and  seek  to  divide  up  our  territory,  and 
make  us  discuss  a  question  involving  millions  of  square  miles  of  territory 
in  fifteen  minutes!  It  is  impossible  that  justice  could  be  done  to  this 
[*172]  question  in  *that  short  space  of  time.  Having  urged  the  impor- 
tance of  this  question  (as  I  believe  with  some  force)  the  necessity  of  post- 
ponement must  be  apparent.  I  ask  members  to  extend  to  us  the  courtesy 
we  claim.  But  I  was  about  remarking,  gentlemen,  upon  the  utter  impossi- 
bi'ity  of  discussing  a  qrestion  here  in^•oh•ing  the  boundaries  of  this  Terri- 
tory— the  most  important  question  which  has  been  raised  here  this  session 
— in  fifteen  minutes!  Yes,  it  is  now  but  twelve  minutes!  You  know.  sir. 
that  it  cannot  be  done  to-dav  The  gentleman  from  Riley  (Mr.  Houston) 
in  making  a  few  brief  remarks  submitted  by  him,  was  compelled  to  have 
the  time  extended  twice — the  last  time  for  thirty  minutes. 

Mr.  Blunt.  In  order  to  obviate  this  difficulty,  as  gentlemen  claim 
they  have  not  time  to  discuss  this  question  before  the  hour  for  adjourn- 
ment, I  move  that  the  rule  for  adjournment  at  sLx  o'clock  be  suspended 
for  to-day. 

The  motion  was  agreed  to,  on  a  division — affirmative  24,  negative  10. 

Mr.  Stinson.    I  move  that  the  Convention  do  now  adjourn. 


264  Convention  Proceedings  and  Debates. 

The  motion  was  rejected. 

Mr.  Stinson.  Mr.  President,  I  move  the  reference  of  the  subject  under 
consideration  to  a  special  committee  of  three. 

Mr.  Graham.    I  move  to  lay  it  on  the  table. 

Upon  this  motion  the  yeas  and  nays  were  demanded,  and  being  ordered 
and  taken  resulted — yeas  25,  nays  18 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  J.  Blood,  Crocker,  Button, 
Graham,  Griffith,  Hanv/ay,  Hutchinson,  Hoffman,  Ingalls,  Kingman,  Lillie, 
McCullough,  Preston,  Ritchie,  Ross,  Signor,  Stokes,  Simpson,  Thaoher, 
Townsend,  Williams,  Burris — 25. 

Nays — Messrs.  Barton,  Foster,  Forman,  Greer,  Hubbard,  Houston,  Mid- 
dleton,  Moore,  McDowell,  McCune,  McClelland,  Palmer,  Parks,  Stinson, 
Stiarwalt,  J.  Wright,  Wrigley,  T.  S.  Wright— 18. 

So  the  motion  of  reference  was  laid  on  the  table. 

Mr.  Thacher.  Mr.  President,  I  move  that  the  Preamble  adopted  in 
committee  of  the  whole,  and  also  the  boundary  question,  as  set  forth  in 
the  report  of  the  committee  on  Preamble  and  Bill  of  Rights,  with  the 
amendment  striking  out  "twenty-fifth  parallel"  and  inserting  "twenty- 
third  meridian"  be  adopted.    And  upon  that  I  call  the  previous  question. 

The  demand  was  seconded  on  a  division — affirmative  25,  negative  16. 

Mr.  Wrigley.  We  would  like  to  get  the  eye  of  the  Chair  on  this  side 
of  the  House. 

The  President.  The  Chair  has  uniformly  manifested  even  partiality 
towards  the  gentlemen  on  the  Democratic  side  of  the  House.  He  does  not 
desire  to  hear  any  insinuations  to  the  contrary,  considering  them  ungen- 
erous and  discourteous.    The  Clerk  will  read  the  Preamble. 

The  Preamble  and  amendments  having  been  read — 

Mr.  Thacher's  motion  was  agreed  to,  on  a  division — affirmative  25, 
negative  13. 

Mr.  Kingman.  Mr.  President,  I  move  to  reconsider  that  vote,  and  I 
move  again  to  lay  that  motion  on  the  table. 

Mr.  Stinson.    I  desire  to  be  heard  one  moment  upon  this  question. 

Mr.  Kingman.    The  gentleman  is  out  of  order. 

Mr.  Stinson.    I  ask  the  leave  of  the  Convention  to  be  heard. 

Mr.  Kingman.    I  rise  to  a  point  of  order. 

The  President.  The  gentleman  is  not  in  order.  The  motion  to  lay  on 
the  table  would  i)reclude  the  gentleman  from  speaking,  if  the  previous 
question  did  not. 

The  yeas  and  nays  were  demanded,  and  being  ordered  and  taken  re- 
sulted— yeas  26,  nays  18 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  Crocker,  Dut- 
lon,  Graham,  Greer,  Griffith,  Hanway,  Hoffman,  Ingalls,  Kingman,  Lillie, 
McCullough,  Preston,  Ross,  Ritchie,  Signor,  Stokes,  Simpson,  Thacher, 
Townsend,  Williams,  Mr.  President — 26. 

[*173]  *Nays— Messrs.  Barton,  Foster,  Forman,  Hubbard,  Hutchinson, 
Houston,  Middleton,  Moore,  McDowell,  McCune,  McClelland,  Palmer, 
Parks,  Stinson,  Stiarwalt,  Wrigley,  J.  Wright,  T.  S.  Wright— 18. 

So  the  latter  motion  of  Mr.  Kingman  was  agreed  to. 

And  then,  on  the  motion  of  Mr.  Thacher,  the  Convention  adjourned 
till  Monday  morning  at  8  o'clock. 


Monday,  July  18,  1859.  265 

Monday,  July  18,  1859. 
The  Convention  met  at  9  o'clock,  a.  m. 
Prayer  by  the  Chaplain. 

The  absentees  on  roll-call  were  Messrs.  Brown,  Burris,  Greer,  Griffith, 
Hutchinson,  Ingalls,  Lillie,  May,  Perry,  Ritchie,  Stinson,  and  Wrigley. 
The  journal  of  Saturday  was  read  and  authenticated. 

THE   WYANDOTTE   REPRESENTATION. 

Mr.  McDowell.  Mr.  President,  Mr.  J.  E.  Bennet,  one  of  the  members 
of  this  body  from  Wyandotte  county,  is  present,  and  as  a  matter  of  privi- 
lege desires  to  address  this  Convention. 

The  PREsmENT.  The  Chair  is  scarcely  of  opinion  that  the  application 
could  be  regarded  as  a  point  of  privilege  in  any  strict  acceptation  of  the 
term.  But  unless  some  member  objects,  he  will  permit  Dr.  Bennet  to 
proceed. 

Dr.  Bennet  commenced  his  address  by  adverting  to  his  knowledge  of 
the  proceedings  of  the  Convention  in  the  case  of  the  Wyandotte  delegation 
through  these  reports— his  purpose  to  decline  the  tender  of  an  honorary 
seat,  and  to  offer  his  reasons  for  so  doing;  and  knowing,  as  he  assumed, 
that  the  large  Republican  majority  in  the  Convention  decided  the  ques- 
tions upon  partisan  principles,  it  would  have  been  useless  for  him  to  spend 
breath  in  talking  to  a  set  of  men  who  were  proceeding  upon  the  principle 
of  deciding  how  they  would  vote  in  a  given  case,  in  advance  of  any  knowl- 
edge of  the  facts. 

Mr.  Ross  (interrupting).  Mr  President,  I  rise  to  a  point  of  order.  It 
is  a  personality — a  reflection  on  the  majority  of  the  Convention,  for  the 
gentleman  to  charge  them  with  prejudging  his  case — deciding  it  in  advance 
of  any  knowledge  of  the  facts 

The  PREsmENT.  The  Chair  understands  the  position  of  the  gentleman 
from  Wyandotte,  occupying  the  floor  at  this  time,  as  being  an  act  of 
courtesy  on  the  part  of  the  Convention;  and  that  it  is  competent  for  any 
member  of  the  Convention  to  object  to  the  floor  being  thus  occupied  out 
of  order,  and  to  the  exclusion  of  the  regular  orders  of  the  day.  But,  as 
the  Chair  has  already  announced,  so  long  as  no  member  objects,  as  a 
matter  of  course.  Dr.  Bennet  will  be  entitled  to  proceed.  At  the  same  time 
the  Chair  is  under  the  necessity  of  requesting  the  gentleman  from  Wyan- 
dotte to  so  shape  his  remarks  as  not  to  become  subject  to  the  objection 
of  members. 

Mr.  Slough.  Mr.  President,  I  would  like  to  hear  the  rule  read  which 
admits  the  Wyandotte  members. 

The  President.  The  gentleman  rises  under  a  privilege  of  the  floor,  by 
unanimous  consent.    The  question  has  no  connection  with  that  resolution. 

Mr.  Thacher.  Mr.  President,  I  understand  that  the  gentleman  from 
Wyandotte  rises  here  in  virtue  of  the  honorary  seat  which  has  been  ten- 
dered to  him,  and  that  his  rising  here  is  a  virtual  acceptance  of  the  honorary 
seat.  I  know  that  any  member  has  the  right  to  resign,  but,  of  course,  he 
.■^done  is  responsible  for  the  act. 

The  President.  The  gentleman  is  correct.  The  gentleman  from  Wy- 
andotte comes  in  under  the  resolution  giving  an  honorary  seat,  which  he 
thereby  accepts.  It  is  also  true  that  he  may  vacate  or  resign  it  at  any 
time. 


266  Convention  Proceedings  and  Debates. 

Mr.  Stinson.  I  would  inquire  whether  it  is  not  competent  for  the 
gentleman  from  Wyandotte  to  state  his  reasons  for  his  resignation. 

The  President.  After  the  regular  order  of  business  shall  have  been 
gone  through,  it  might  then  be  competent  and  in  order  for  the  gentleman 
[*174]  to  make  his  statement.  But  he  proposes  *to  make  it  now  out  of 
order,  and  is  a  question  of  privilege  entirely. 

Mr.  Graham.    I  object  to  the  gentleman  proceeding  out  of  order. 

Mr.  Slough.  I  take  it,  that  the  rules  of  this  Convention  mav  be  sus- 
pended by  the  acquiescence  of  this  body,  without  a  formal  motion  for  a 
suspension.  The  rules  prescribe  a  certain  order  of  business  each  day. 
That  order,  by  a  unanimous  consent,  has  been  varied  to  give  the  gentle- 
man from  Wyandotte  an  opportunity  to  make  a  statement ;  and  no  gentle- 
man has  now  a  right  to  object  to  his  right  to  proceed,  unless  his  language 
is  insulting  to  the  House.  Then  he  should  be  called  to  order,  and  confined 
to  the  terms  of  legitimate  discussion.  But  it  seems  to  me  now  too  late  for 
any  member  to  object  to  his  mere  occupancy  of  the  floor. 

The  President.  In  the  opinion  of  the  Chair  the  gentleman  from  Leav- 
enworth is  correct.  Objections  should  have  been  made  at  the  time  the 
consent  was  granted.    The  gentleman  from  Wyandotte  will  proceed. 

Mr.  Bennet  proceeded  with  his  statement,  and  closed  by  presenting  a 
paper  signed  by  himself  and  Dr.  Welborn,  the  other  honorary  member 
elected  from  Wyandotte  county,  protesting  against  the  action  of  the  Con- 
vention in  the  case  of  the  Wyandotte  representation,  and  declining  to  ac- 
cept honorary  seats — which  was  read. 

Mr.  Kingman  remarked  that  though  this  subject  was  out  of  order,  and 
did  not  call  for  discussion,  he  desired  to  say  a  word  in  the  matter.  It 
should  be  considered  that  this  body  had  given  its  business  into  the  hands 
of  standing  committees,  and  he  supposed  that,  whenever  the  action  of  any 
of  these  committees  became  distasteful,  or  whenever  the  committee  became 
unfaithful,  its  functions  might  be  taken  away.  But  while  the  committee 
retained  its  functions  every  attack  made  upon  its  action  must  be  regarded 
as  personal  in  its  character.  There  was  one  thing  he  wished  to  state,  here 
and  now,  and  which  he  thought  it  became  him  to  state,  because  of  his  con- 
nection with  the  committee  whose  action  had  been  just  called  in  question. 
The  statement  presented,  and  the  remarks  of  the  gentleman  with  regard  to 
the  action  and  report  of  the  committee  and  the  proceedings  of  the  Conven- 
tion in  the  Wyandotte  case,  were  entirely  false — false  in  whole  and  in  part — 
in  every  word  and  statement,  from  the  beginning  to  end.  They  were 
based  upon  a  misunderstanding  and  a  misconstruction  of  the  case,  and 
were  false  in  part,  and  false  in  whole,  on  all  the  premises. 

The  President.    What  shall  be  done  with  the  protest? 

Mr.  Stinson.  I  move  that  it  be  entered  on  the  journal.  (There  was  no 
second  to  this  motion). 

Mr.  Thacher.  I  move  that  the  remarks  of  the  gentleman  from  Wyan- 
dotte, and  the  protest  submitted,  be  rejected  from  the  record,  as  scurrilous 
and  false. 

Mr.  Stinson.  I  move  to  lay  the  motion  of  the  gentleman  from  Douglas 
on  the  table. 

Mr.  Slough.    I  second  the  motion,  and  demand  the  yeas  and  nays. 

The  yeas  and  nays  being  ordered  and  taken  resulted,  yeas  16,  nays  33 — 
as  follows: 


Monday,  July  18,  1859.  267 

Yeas — I\^essrs.  Barton,  Foster,  Forman,  Hippie,  Hubbard,  Moore,  Mc- 
Dowell, McCune,  McClelland,  Palmer,  Parks,  Slough,  Stinson,  Stiarwalt, 
J.  Wright,  Wrigley — 16. 

Nays — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Button,  Graham,  Greer,  Griffith,  Hutchinson,  Hanway,  HofYman, 
Houston,  Ingalls,  Kingman,  Lillie,  Lamb,  Middleton,  McCuUough,  Preston, 
Porter,  Ritchie,  Ross,  Sisnor,  Stokes,  Simpson,  Thacher,  Townsend,  T.  S. 
Wright,  Williams,  Mr.  President— 33. 

So  the  Convention  refused  to  lay  on  the  table,  and  the  cjuestion  recurred 
upon  the  motion  to  reject. 

Mr.  Stinson.  I  would  like  to  know  what  has  become  of  the  motion  pre- 
vious to  that  of  the  gentleman  from  Douglas. 

The  PREsmENT.    The  gentleman  made  no  motion  which  was  recorded. 

Mr.  Stinson.  I  desire  to  offer  but  a  few  remarks  in  relation  to  the 
[*175]  action  v/hich  the  Con*vention  seems  to  be  disposed  to  take.  I 
claim  for  these  parties  the  sacred  right  of  protest;  and  they  have  a  clear 
right  to  enter  upon  the  journal  their  dissent,  and  their  reasons  for  dis- 
senting from  the  action  of  an  arbitrary  majority.  And  when  these  gentle- 
men from  Wyandotte  come  in  here  and  resign,  it  is  their  sacred  right,  which 
only  despotism  can  take  away  from  them,  to  put  their  reasons  for  that 
course  upon  the  journal  of  the  Convention.  Deeming  this  position  to  be 
correct,  and  knowing  that  no  legislative  body  has  ever  denied  this  right,  I 
ask  the  members  of  this  Convention,  whether  a  protest,  clear  in  its  terms 
and  respectable  in  its  tone,  is  to  be  denied  admission  to  the  journal,  simply 
because  it  is  presented  here  by  gentlemen  who  hold  political  opinions  dif- 
ferent from  the  majority? 

As  a  partisan,  sir,  I  could  hardlv  desire  anything  better  for  my  party 
than  that  every  man  here,  who  is  disposed  to  refuse  this  right,  should  put 
himself  upon  the  record  against  it;  and  upon  that,  and  various  other 
records  which  have  been  made  in  this  Convention,  as  a  Democrat,  I  could 
go  before  the  people  of  this  Territory  with  the  highest  confidence  and  be 
sustained.  As  a  partisan  1  could  desire  no  better  act  on  record — no  better 
campaign  document,  than  the  record  of  this  same  refusal  you  are  about  to 
make.  But  as  a  citizen  of  Kansas,  and  a  representative  of  the  people,  I 
stand  here  to  enter  my  solemn  protest  against  this  motion  to  reject.  As  a 
member  of  the  Convention,  whose  acts  I  desire  should  be  approved,  I  ask 
you,  sir,  not  to  deny  the  right  of  protest  to  these  gentlemen  from  Wyan- 
dotte. It  is  a  right  which  cannot  be  refused  without  a  despotic  denial  of 
the  rights  of  man. 

Mr.  Slough.  I  understand  this  motion  to  be  a  motion  not  only  to 
reject  the  protest  offered  by  the  gentleman  from  Wyandotte  resi  ning 
his  seat,  but  that  it  is  also  a  motion  to  reject  from  the  record  the  remarks 
made  by  that  gentleman. 

The  President.    That  is  the  understanding  of  the  Chair. 

Mr.  Slough.  Well,  sir,  I  take  a  different  position.  It  is  this:  while  the 
Convention  may  have  the  right  to  reject  the  protest,  they  can  have  no 
right  to  reject  the  remarks  of  the  gentleman.  This  has  become  a  master 
of  record,  if  the  Reporter  has  done  his  duty ;  and  there  is  no  way  in  which 
the  object  of  this  m.otion  can  be  reached  but  by  a  motion  to  suspend  the 
order  for  the  employment  of  a  Reporter.  The  motion,  if  adopted,  cannot 
properly  and  legitimately  reach  the  case  of  the  remarks,  while  it  may 
reach  the  protest.  It  seems  to  me  that  gentlemen  who  ha\-e  voted  against 
laying  on  the  table  this  motion,  are  placing  themselves  in  a  strange  attitude 


268  Convention  Proceedings  and  Debates. 

before  the  country.  It  is  this:  that  while,  without  a  dissenting  voice  it 
has  been  provided  in  one  of  the  sections  of  the  Legislative  article  of  this 
Constitution,  that  every  member  of  the  Legislature  of  the  State  of  Kansas 
shall  have  the  right,  if  he  choose  to  avail  himself  of  it,  to  enter  upon  the 
journal  his  protest  against  any  legislative  action,  these  gentlemen  now  pro- 
pose to  violate  that  principle,  and  by  this  motion  prevent  these  gentlemen 
from  doing  the  same  thing!  If  the  motion  the  gentleman  has  made  is 
true — that  the  matter  of  the  remarks  and  protest  are  "scurrilous  and 
false,"  the  complete  report  made  by  the  Reporter  will  show  this  to  be  the 
case,  and  the  Convention  will  not  be  censured.  If,  however,  that  should 
not  be  the  case,  and  if  the  remarks  and  the  protest  tell  the  truth,  they 
place  themselves  in  an  attitude  that  I  would  not  Uke  to  be  placed  in.  Sir, 
if  this  protest  be  true,  there  is  no  justification  for  the  attempt  to  prevent 
this  record  from  being  made  complete.  If  false,  and  you  suppress  it,  your 
own  partisan  record  will  he  made  only  the  more  complete.  Then  why 
-.exclude  these  remarks  of  Dr.  Bennet,  and  give  occasion  for  the  charge 
that  you  have  suppressed  that  which  would  expose  the  unfairness  of  your 
act?  for  it  would  carry  that  on  its  face. 

Mr.  Blunt.  I  wish  to  make  a  statement  of  the  reasons,  which  induce 
[*176]  me  to  vote  for  the  *motion  of  the  gentleman  from  Douglas.  On 
a  former  occasion,  when  we  had  this  matter  under  consideration,  and  ex- 
tended to  these  gentlemen  from  Wyandotte  all  the  privilege  in  the  province 
of  the  body  to  extend- — that  of  a  hearing  before  the  Committee  on  Cre- 
dentials— it  was  contemptuously  refused.  And  when  the  privilege  of  hon- 
orary seats  on  this  floor  was  extended  to  them  by  the  passasie  of  the  reso- 
lution offered  by  the  gentleman  from  Bourbon  (Mr.  Griffith)  that  exten- 
.sion  of  courtesy  was  opposed  by  Dr.  Bennet's  friends  on  the  other  side  of 
the  House.  When  this  was  done,  I  supposed  that  we  should  receive  no 
further  annoyance  from  this  source.  But  I  find  I  was  mistaken,  and  I 
find  the  gentleman  who  refused  these  courtesies,  and  all  the  privileges 
which  could  be  legitimately  extended  to  him,  comes  in  here  this  morning — 
not  for  the  purpose  of  exercising  the  privilege  extended  to  him — the  privi- 
lege of  speaking  on  all  subjects  connected  with  the  interests  of  h's  con- 
stituents— but  merely  for  the  purpose  of  making  his  reasons  why  he  re- 
fused to  accept  those  privileges,  and  going  into  a  lengthy  harangue  against 
the  Republican  party,  making  statements  utterly  false,  in  language  scur- 
rilous and  indecent  in  tone,  and  declamatory  in  character  against  the  ma- 
jority of  this  Convention — and  then  asking  that  such  remarks  and  such  a 
protest  shall  go  into  the  published  proceedings  and  debates  of  this  Con- 
vention. Sir,  I  feel  that  that  is  asking  a  little  too  much.  I  think  it  is 
askins  a  little  too  much  of  this  Convention,  after  the  manner  in  which 
they  have  been  treated — after  the  courtesies  which  have  been  extended  to 
them  and  which  have  been  rejected  and  scorned — to  come  in  here  under 
the  plea  of  privilege  to  make  a  statement,  and  then  to  ask  that  the  politif^al 
harangue  thus  delivered  and  composed  of  all  the  vile  epithets  known  to  the 
Democratic  vocabulary,  should  go  into  the  published  proceediuTS  of  the 
Convention!  On  a  former  occasion  I  was  one  of  the  few  members  on  this 
side  of  the  House  voting  in  favor  of  spreading  upon  the  journal  the  pro- 
test offered  by  the  gentlerran  on  the  other  side  against  the  proceedings  in 
the  Wyandotte  case.  I  thought  it  proper  that  they  should  have  this  privi- 
lege. But  I  am  not  in  favor  of  admitting  a  gentleman,  who,  having  re- 
jected the  courtesies  of  the  Convention,  comes  in  abusing  the  majority  of 
the  body  in  the  most  scurrilous  manner,  to  have  the  matter  of  his  speech 
and  protest  go  upon  the  records  of  the  Convention.  Consequently,  I  shall 
vote  to  reject  the  whole. 


Monday,  July  18,  1859.  269 

Mr.  Wrigley.  Mr.  President,  I  move  an  amendment  to  the  motion 
of  the  gentleman  from  Douglas,  adding  these  words:  "and  also,  that  the 
remarks  of  the  gentleman  from  Brown  be  rejected,  for  the  same  reason."' 

Mr.  Kingman.    Do  you  say  these  remarks  were  false,  sir? — false! 

The  PnEsmENT  (using  the  hammer).  The  remarks  of  the  gentleman 
from  Brown  are  not  under  consideration. 

Mr.  Slough  demanded  the  yeas  and  nays  on  the  question  of  the  adop- 
tion of  Mr.  Thacher's  motion,  and  the  same  being  ordered  and  taken,  the 
vote  stood — yeas  33,  nays  16 — as  follows: 

Ayes — Messrs.  Arthur,  Burnett,  Blunt,  Burris.  J.  Blood,  N.  C.  Blood, 
Crocker,  DuttOn,  Graham,  Greer,  Griffith,  Hutchinson,  Hanway,  Hoffman, 
Houston,  Ingalls,  Kingman,  Lillie,  Lamb,  Middleton,  McCullough,  Preston, 
Porter,  Ritchie,  Ross,  Signor,  Stokes,  Simpson,  Thacher,  Townsend,  T.  S. 
Wright,  Williams,  Mr.  President— 33. 

Nays — Messrs.  Brown,  Barton,  Foster,  Forman,  Hippie,  Hubbard,  May, 
Moore,  McDowell,  McCune,  McClelland,  Palmer,  Perry,  Parks,  Slough, 
Stinson,  Stiarwalt,  J.  Wright,  Wrigley — 16. 

So  the  motion  was  adopted,  and  the  speech  and  protest  were  thrown 
out  of  the  record. 

LEAVE   OF   ABSENCE. 

Mr.  Ingalls.  Mr.  President,  my  colleague,  Mr.  May  of  Atchison,  is 
laboring  under  severe  indisposition,  and  will  not  be  able  to  attend  in  the 
[*177]  hall  for  a  number  of  days,  and  I  *desire  to  ask  leave  of  absence 
for  him  for  ten  days,  or  until  his  health  shall  permit  him  to  resume  his 
seat  on  this  floor. 

The  leave  was  granted  accordingly. 

ELECTORS   AND   ELECTIONS. 

Mr.  Townsend,  from  the  committee  on  Electors  and  Elections,  sub- 
mitted the  following  in  print: 

elections. 

"Section  1.  All  elections  by  the  people  shall  be  [by?]  ballot,  and  all 
elections  by  the  Legislature  shall  be  viva  voce. 

2d.  The  general  elections  shall  be  held  annually  on  the  first  Tuesday 
in  October,  except  township  and  municipal  elections,  which  shall  be  held 
on  the  first  Tuesday  in  April  annually — until  otherwise  provided  by  law. 

SUFFRAGE. 

Section  1.  Every  white  male  person  of  twenty-one  years  and  upwards 
belonging  to  either  of  the  following  classes— who  shall  have  resided  in 
Kansas  six  months  next  preceding  any  election,  and  in  the  township  or 
ward  in  which  he  offers  to  vote  at  least  ten  days  preceding  such  election, 
shall  be  deemed  a  qualified  elector  at  such  elections: 

1st.  Citizens  of  the  United  States;  2d.  Persons  of  foreign  birth  who 
shall  have  declared  their  intention  to  become  citizens  conformably  to  the 
laws  of  the  United  States  on  the  subject  of  naturalization,  and  shall  have 
resided  in  the  United  States  one  year  next  preceding  any  election. 

2d.  No  person  under  guardianship,  non  compos  mentis  or  insane,  shall 
be  qualified  to  vote  at  any  election,  nor  shall  any  person  convicted  of 
treason  or  felony  be  qualified  to  vote  at  any  election,  unless  restored  to 
civil  rights. 

3d.   No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the  United 


270  Convention  Proceedings  and  Debates. 

States  or  of  their  allies,  shall  be  deemed  to  have  acquired  a  residence  in 
this  State  in  consequence  of  being  stationed  within  the  same,  nor  shall  any 
such  soldier,  seaman  or  marine  have  the  right  to  vote. 

4th.  No  person  shall  be  deemed  to  have  lost  his  residence  in  this  State 
by  reason  of  his  absence  either  on  business  of  this  State  or  of  the  United 
States. 

5th.  Every  person  shall  be  disqualified  from  holding  office  during  the 
term  for  which  he  may  have  been  elected,  who  shall  have  given  or  offered 
a  bribe  to  procure  his  election. 

6th.  Every  person  who  shall  give  or  accept  a  challenge  to  fight  a  duel, 
or  who  shall  knowingly  carry  to  another  person  such  challenge,  or  who 
shall  go  out  of  this  State  to  fight  a  duel,  shall  be  ineligible  to  any  office 
of  trust  or  profit  in  this  State. 

7th.  Electors,  during  their  attendance  at  elections,  and  in  going  to  and 
returning  therefrom,  shall  be  privileged  from  arrest  in  all  cases  except 
treason,  felony,  or  breach  of  the  peace. 

AMENDMENTS    AND    MISCELLANEOUS. 

]^Ir.  Houston,  from  the  committee  on  Amendments  and  Miscellaneous, 
submitted  the  following  report,  in  print: 

AMENDMENTS. 

Section  1.  Propositions  for  the  amendment  of  this  Constitution  may 
be  made  by  either  branch  of  the  Legislature;  and  if  two-thirds  of  all  the 
members  elected  to  each  House  shall  concur  therein,  such  proposed  amend- 
ments shall  be  entered  on  the  journal,  with  the  ayes  and  noes;  and  the 
Secretary  of  State  shall  cause  the  same  to  be  published  in  at  least  one 
newspaper  in  each  county  in  the  State  where  a  newspaper  is  published, 
for  three  months  preceding  the  next  election  for  Senators  and  Representa- 
tives, at  which  time  the  same  shall  be  submitted  to  the  electors,  for  their 
approval  or  rejection,  and  if  a  majority  of  the  electors  voting  on  said 
amendments,  at  said  election,  shall  adopt  such  amendments,  the  same 
shall  become  a  part  of  the  Constitution.  When  more  than  one  amend- 
ment shall  be  submitted  at  the  same  time,  they  shall  be  so  submitted  as  to 
[*178j  enable  *the  electors  to  vote  on  each  amendment  separately,  but 
not  more  than  three  propositions  to  amend  shall  be  submitted  at  the  same 
election. 

2d.  Whenever  two-thirds  of  the  members  elected  to  each  branch  of  the 
Legislature  shall  think  it  necessary  to  call  a  Convention  to  revise,  amend 
or  change  this  Constitution,  they  shall  recommend  to  the  electors  to  vote 
at  the  next  election  of  members  to  the  Legislature,  for  or  against  a  Con- 
vention; and  if  a  majority  of  all  the  electors  voting  at  said  election  shall 
have  voted  for  a  Convention,  the  Legislature  shall,  at  the  nex-t  session, 
provide  the  law  for  calling  the  same. 

MISCELLANEOUS. 

A  homestead  of  one  hundred  and  sixty  acres  of  land,  or  in  lieu  thereof 
a  house  and  lot  not  exceeding  in  value  two  thousand  dollars,  or  in  lieu 
thereof,  real,  personal  or  mixed  property  to  an  amount  not  exceeding  two 
thousand  dollars,  belonging  to  any  one  family,  shall  by  law  be  exempted 
from  forced  sale  under  any  process  of  law;  and  shall  not  be  alienated 
without  the  just  consent  of  husband  and  wife,  in  cases  where  that  relation 
exists;  but  no  property  shall  be  exempt  from  sale  for  taxes  or  for  the 


Monday,  July  18,  1859.  271 

payment  of  obligations  contracted  for  the  purchase  of  said  premises,  or  for 
the  erection  of  buildings  thereon." 

BILL   OF   RIGHTS. 

The  President.  The  next  thing  in  order  is  the  resumption  of  the  con- 
sideration of  the  report  of  the  committee  on  the  Preamble  and  Bill  of 
Rights. 

Mr.  Wrigley  made  an  ineffectual  motion  to  go  into  committee  of  the 
whole  on  that  subject. 

On  the  motion  of  Mr.  Thacher,  said  report  was  taken  up,  and  the  Sec- 
retary read  the  first  section  of  the  bill  of  rights,  as  follows:  (The  report 
of  this  article  is  printed  in  the  proceedings  of  last  Friday,  July  15th.) 

"Section  1.  All  men  are  by  nature  equally  free  and  independent,  and 
have  certain  inalienable  rights,  among  which  are  those  of  enjoying  and  de- 
fending their  hves  and  liberties,  acquiring,  possessing  and  protecting  prop- 
erty, and  of  seeking  and  obtaining  happiness  and  safety,  and  the  right  of 
all  men  to  the  control  of  their  persons,  exists  prior  to  law  and  is  in- 
alienable." 

Mr.  Houston  submitted  the  following  by  way  of  substitute  for  the  first 
section : 

"All  men  are  created  free  and  independent,  and  are  endowed  with  cer- 
tain inalienable  rights,  among  which  are  hfe,  liberty  and  the  acquisition 
and  possession  of  property,  and  the  right  to  our  own  ])ersons.  These 
rights  exist  prior  to  law." 

On  motion  by  Mr.  Slough,  it  was  laid  on  the  table. 

Mr.  Wrigley  moved  to  strike  out  all  after  the  word  "safety." 

Mr.  Thacher  moved  to  insert,  after  the  words  "all  men  are  created 
free  and  equal,"  these  words:    "except  negroes  and  mulattoes." 

Mr.  Thacher.  I  do  this,  Mr.  President,  for  the  benefit  of  our  friends 
on  the  other  side  of  the  house. 

The  yeas  and  nays  being  demanded  and  ordered  thereon,  the  vote  stood 
- — yeas  5,  noes  44 — as  follows: 

Ayes — Barton,  Foster,  Hippie,  McDowell,  McCune — 5. 

N.A.YS — Messrs.  Arthur,  Burnett,  Blunt,  Brown,  Burris,  J.  Blood,  N.  C. 
Blood,  Crocker,  Button,  Forman,  Graham,  Greer,  Griffith,  Hubbard, 
Hutchinson,  Hanway,  Hoffman,  Houston,  Incalls,  Kingman,  Lillie,  Lamb, 
Middleton,  Moore,  McClelland,  McCullough,  Preston,  Palmer.  Parks, 
Porter,  Ritchie,  Ross,  Signor,  Slough,  Stinson,  Stiarwalt,  Stokes,  Simp.'jon, 
Thacher,  Townsend,  J.  Wright,  Wrigley,  T.  S.  Wright,  WiUiams,  Mr. 
President — i4. 

So  the  amendment  was  rejected. 

On  motion  of  Mr.  Houston,  the  motion  of  Mr.  Wrigley  was  laid  upon 
the  table  by  the  following  vote: 

Ayes — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
[*179]  Crocker,  Button,  Graham,  Greer,  Griffith,  Hutchinson,  *Hnn- 
way,  Hoffman,  Houston,  Ingalls,  Kingman,  Lillie,  Lamb,  Middleton,  Mc- 
Cullough, Preston,  Palmer,  Ritchie,  Ross,  Signor,  Stokes,  Simpson, 
Thacher,  Townsend,  T.  S.  Wright,  Williams— 33.  " 

Nays — Messrs.  Barton,  Foster,  Forman,  Hippie,  Hubbard,  Moore,  Mc- 
Bowell,  McCune,  McClelland,  Parks,  Porter,  Slough,  Stinson,  Stiarwalt, 
J.  Wright,  Wrigley — 16. 


272  Convention  Puoceedings  and  Debates. 

Mr.  McDowell.  I  desire  to  offer  a  substitute  for  the  whole  section. 
It  is  from  the  Ohio  Constitution,  and  if  the  Convention  please  I  will 
read  it: 

"Section  1.    All  men  are,  by  nature,  free  and  independent,  and  have 
certain  inalienable  rights,  among  which  are  those  of  enjoying  and  defend- 
•  ing  life  and  liberty,  acquiring,  possessing,  and  protecting  property,  and 
seeking  and  obtaining  happiness  and  safety." 

That  section,  sir,  was  prepared  with  great  care,  by  a  body  of  ver>- 
able  men. 

Mr.  Thacher.  It  is  exactly  the  same  section  proposed  by  the  gentle- 
man from  Riley,  upon  which  the  Convention  refused  to  strike  out  and  in- 
sert.   Is  it  not  the  same  matter? 

Mr.  McDowell.    The  impression  is,  that  it  is  not. 

The  President.  The  Chair  noticed  one  or  two  verbal  discrepancies, 
not  affecting  the  sense,  and  will  be  compelled  to  rule  it  out  of  order. 

Mr.  Tha€her.  Mr.  President,  I  rise  to  make  a  motion  to  obviate  one 
of  the  troubles  which  our  friends  on  the  other  side  are  constantly  getting 
into.  It  is  this:  I  would  have  inserted  in  the  32d  line,  after  the  words, 
"and  the  right  of  all  men  to  the  control  of  their  persons,"  these  words: 
"except  persons  of  color." 

Mr.  McDowEi-L.  I  think  the  language  of  this  section  is  an  enunciation 
of  the  higher  law  principle,  that  "the  control  of  a  man's  person  is  above 
and  prior  to  all  law  and  inalienable."  It  is  a  provision  I  do  not  want  to 
see  go  into  any  Constitution  which  we  shall  adopt;  for  if  this  doctrine  is 
correct,  you  cannot  make  a  man  amenable  to  any  criminal  law.  I  admit 
the  kindness  and  magnanimity  of  the  gentleman  from  Douglas  (Mr. 
Thacher),  but  by  what  right  he  constitutes  himself  guardian  of  this  side 
of  the  House  I  am  not  able  to  understand.  I  trust  that  we  are  still  able 
to  appreciate  our  position — to  attend  to  the  business  we  are  about,  and 
discharge  the  duties  devolved  upon  us  by  our  constituents.  We  are  still 
able  to  make  such  amendments  and  such  substitutes  as  we  think  best.  I 
voted  a  few  moments  ago  for  a  proposition  by  that  gentleman,  not  be- 
cause it  met  the  approval  of  my  judgment  as  a  proposition  in  the  ab- 
stract, but  because  of  the  taunting  manner  in  which  he  tendered  it.  Now, 
I  propose  that  this  sort  of  thing  shall  not  go  on,  and  will  tell  the  gentleman 
that  if  he  will  simply  attend  to  the  wishes  of  his  constituents,  he  will  be  a 
little  better  filling  his  position  here,  than  by  attempting  to  act  as  guardian 
for  this  side  of  the  House. 

Mr.  Thacher.  Mr.  President,  the  principle  I  have  enunciated  here  is 
what  gentlemen  on  the  other  side  have  voted  for  several  times.  And  sev- 
eral of  those  gentlemen  have  thrust  it  into  our  faces  how  they  were  de- 
termined to  put  us  upon  the  record,  and  now  I  am  determined  to  bring 
them  upon  the  record.  My  point  is  the  inhumanity  of  the  proposition. 
I  wish  to  bring  it  before  the  body  in  all  its  naked  deformity. 

Mr.  Greer.  I  am  opposed  to  crimination  and  recrimination.  I  caimot 
sympathize  with  the  disposition  manifested  by  the  majority  as  well  as  the 
minority  to  raise  this  political  discussion.  I  ajiprehend  that  we  have  not 
come  here  for  the  purpose  of  criminating  and  recriminating  each  other.  We 
are  here,  sir,  to  make  a  Constitution,  without  attempting  to  make  capital 
out  of  the  question  of  "niggerism,"  which  so  easily  looms  up  in  almost  ever>' 
proposition.  I  shall  vote  against  the  proposition  of  the  gentleman  from 
Douglas,  not  l)ecau.«c  I  do  not  think  the  negroes  and  mulattoes  are  not  free 


Monday,  July  18,  1859.  27;-; 

[*180]  and  equal,  but  because  *it  does  not  follow,  that  because  they  are 
free  and  equal,  therefore  the  white  man  shall  hug  them  to  his  bosom,  or 
that  white  people  shall  be  thereby  compelled  to  admit  them  to  all  the 
social  and  political  privileges  of  civil  government.  Sir,  while  I  am  unwilhng 
to  say,  that  the  negro  or  mulatto  is  an  inferior  being,  in  any  particular,  I 
am  equally  unwilling  to  see  the  society  to  which  I  belong  claiming  the 
right  of  indiscriminate  association  between  white  people  and  negroes.  I 
am  bound  to  so  represent  my  constituents  in  this  Convention,  as,  if  pos- 
sible, to  keep  the  two  races  distinct,  not  only  in  blood,  but  also  in  political 
and  social  privileges.  Sir,  I  do  not  think  that  in  making,  or  in  voting  for 
a  Constitution  that  excludes  the  negro  and  the  mulatto  from  political  and 
social  privileges,  we  thereby  make  a  chattel  of  him,  and  deny  him  those 
riiihts  which  belong  to  him  as  a  distinct  race  of  people — a  race  of  people 
that  cannot  be  regarded  as  fit  associates  for  the  social  circle  of  white  men. 
And,  sir,  when  I  hear  gentlemen  get  up  here  and  say  they  do  not  want 
laws  or  constitutions  to  protect  them  and  their  children  against  the  conse- 
quences growing  out  of  a  mixture  of  races,  they  make  what  I  call  a  very 
extravagant  mistake.  I  b'elieve  that  associations  govern  conduct;  and  that 
whatever  looks  toward  doing  away  with  the  prejudice  existing  between  the 
two  races  tends  also  to  their  amalgamation.  Therefore,  I  am  opposed  to 
giving  the  negro  and  mulatto  either  the  political  privileges  which  we  claim 
for  ourselves,  or  the  social  privileges  to  which  every  member  of  the  State 
ought  to  be  entitled. 

On  motion  by  Mr.  Foster,  the  amendment  was  laid  on  the  table. 

Mr.  P'osTER  (by  unanimous  consent).  Mr.  President,  I  desire  here  to 
state  why  I  voted  for  the  amendment  to  the  seventh  section  proposed  by 
the  gentleman  from  Douglas.  It  was  not  because  it  met  with  my  appro- 
bation, but  simply  for  the  reason  given  by  my  friend  from  Leavenworth 
(Mr.  McDowell)  because  it  was  thrust  at  us  in  a  taunting  manner. 

Mr.  Ritchie.  Mr.  President,  I  desire  to  give  my  reasons  for  voting 
for  those  amendments  by  the  gentleman  from  Douglas.  (Agreed,  agreed). 
There  was  a  certain  declaration  made  in  this  country  some  time  ago,  to 
the  effect  that  "all  men  are  born  free  and  equal,  and  possess  certain  in- 
alienable rights,"  and,  either  by  reading  that  declaration,  or  by  some  in- 
herent principle,  I  have  allowed  no  prejudice  to  remove  from  my  breast 
the  principles  of  that  declaration.  I  believe  it  applies  to  every  human 
being,  wherever  that  being  is  found,  and  therefore  I  voted  for  those  amend- 
ments. 

Mr.  WniGLEY  offered  the  following  as  an  additional  clause  to  section  1st : 

"Provided  that  nothing  herein  contained  shall  be  construed  to  apply  to 
any  person  lawfully  held  to  or  owing  service  under  the  Constitution  of  the 
United  States  or  the  Constitution  and  Laws  of  any  other  State,  or  to  any 
person  under  indictment,  or  lawfully  imder  arrest  or  in  custody,  or  law- 
fully imprisoned." 

Mr.  WuiGLEY.  iMr.  President,  the  gentleman  from  Douglas  (Mr. 
Thacher)  in  offering  his  amendments  this  morning,  attempting  to  reflect 
the  position  which  we  take  on  this  side  of  the  iHouse,  did  not  truly  reflect 
our  views.  iHis  last  amendment  was  to  this  efi"ect:  "And  the  right  of  all 
men  to  the  control  of  their  persons,  except  persons  of  color,  exists  prior  to 
law,  and  is  inalienable."  The  gentleman  has  asserted  that  we  have  taken 
that  position  repeatedly  during  the  sessions  of  this  Convention.  Sir,  I  deny 
it.    I  should  have  voted  against  the  gentleman's  amendment,  if  it  had  not 

18 — 778 


274  Convention  Proceedings  and  Debates. 

been  laid  on  the  table,  because  I  believe  that  there  are  persons  of  color  who 
have  just  as  good  a  right  to  the  control  of  their  persons  as  any  white  man. 
I  do  not  say  that  because  a  man  is  a  negro  or  a  mulatto,  therefore  he  has 
[*181]     not  a  right  to  the  control  of  his  *person,  or  may  not  have  and 
enjoy  the  rights  of  a  free  man.     The  object  of  the  amendment  I  have 
offered  to  this  section  is  this:    I  believe  that  this  section,  as  it  now  reads, 
as  remarked  by  the  gentleman  from  Leavenworth  (Mr.  McDowell)  does 
embrace  the  "higher  law"  doctrine,  and  is  mischievous  in  its  character.    I 
believe  it  was  intended  to  set  at  defiance,  and  that  it  does  in  fact  set  at 
defiance,  the  fugitive  slave  law  as  a  law  of  the  land.     I  believe  it  was 
especially  aimed  as  a  hostile  blow  at  this  same  law  of  the  land.    Now,  sir, 
I  have  great  respect  for  the  Constitution  of  the  United  States;  and  how- 
ever much  I  might  dissent  from  a  principle  embraced  in  any  particular  law 
enacted  under  that  Constitution,  and  however  much  I  might  desire  its 
amendment  or  repeal — still,  while  it  is  a  law,  I  believe  it  is  the  duty  of 
every  citizen  to  uphold  and  sustain  it.     And  I  believe  this  section  was 
brought  forward  here  for  the  express  purpose  of  setting  the  fugitive  slave 
law  of  the  United  States  at  defiance.    Let  us  see  how  it  would  operate. 
Suppose  a  fugitive  slave  to  come  over  into  Kansas,  owing  service  as  a  s'ave 
in  the  State  of  Missouri.    To  be  true,  to  carry  out  this  principle,  that  "the 
right  of  all  men  to  the  control  of  their  persons  ex'sts  prior  to  law,"  the 
Legislature  would  have  to  pass  something  like  a  "liberty  bill,"  that  should 
declare  such  a  person  free;  that  he  did  not  owe  service  anywhere,  and  that 
he  could  not  be  recaptured  by  the  person  to  whom,  by  the  laws  of  Missouri, 
he  is  held  to  service.    Sir,  I  am  opposed  to  the  recognition  of  any  such 
principle  in  the  Constitution;  and  I  say  it  is  our  duty  as  citizens  to  obey  all 
laws,  until  they  become  so  oppressive  as  to  justify  rebellion.    It  is  the  duty 
of  every  patriotic  citizen  to  abide  by  the  law,  and  I  desire  to  see  nothing 
incorporated  into  this  Constitution  which  proposes  to  set  law  at  defiance. 
So  long  as  it  remains  among  the  statutes,  I  would  abide  by  its  provisions, 
until  amended  or  repealed  in  legit'mate  form.    But  I  would  not  now  rise  in 
rebellion  against  any  law  of  this  land;    and  I  believe  this  provision  is 
designed  to  accomplish  that  very  object.     Again,  the  effect  of  this  pro- 
vision is  to  declare,  that  no  person  can  forfeit  his  right  to  liberty  under  any 
circumstances.    It  matters  not  how  great  a  criminal  a  man  may  be,  or  how 
lawfully  he  may  have  been  arrested,  retained  in  custody,  or  arraitmed 
under  indictment  for  a  grave  offense,  you  propose  to  have  here  an  organic 
declaration,  that  this  criminal's  right  to  the  control  of  his  person  is  above 
all  law,  prior  to  all  law,  and  inalienable.    Now,  sir,  I  contend,  that  the  right 
to  the  control  of  a  man's  person  is  not  above  law,  prior  to  law  and  inalien- 
able.   He  may  forfeit  that  right  by  the  commission  of  crime — and  all  must 
agree,  that,  under  such  circumstances,  he  may  be  lawfully  held  in  cus- 
tody, and  the  control  of  his  person  rightfully  and   legally  taken   away 
from  him.     Adopt  this  declaration   here,   and  at   once  you   aboMsh   the 
criminal  law.  and  open  all  your  jails.     I  am  opposed  to  the  declaration, 
because  I  believe  it  is  mischievous  in  its  character  and  tendencies,  and  be- 
cause I  believe  the  declaration  is  not  true  in  itself.    But  it  is  not  because 
a  negro  or  mulatto  may  be  held  to  service,  that  I  object  to  it;  for,  as  I  said 
before,  I  believe  there  are  negroes  as  free  as  I  am  to-day,  and  who  can 
make  and  enjoy  property  with  all  the  ridits  of  manhood  upon  Kansas  soil, 
although  they  may  not  enjoy  all  the  rights  of  the  citizen.    I  do  not  indorse 
the  proposition  that  all  men  are  entitled  to  the  control  of  their  persons 
except  negroes  and  mulattoes.     I  say  that  everybody,  negroes  and  mu- 
lattoes  included,  have  not  this  right.    And  there  are  also  persons  who  are 
held  to  service  under  law,  not  because  they  are  negroes  and  mulattoes,  but, 


Monday,  July  IS,  1859.  275 

because,  under  law  they  owe  service;  and  whenever  such  shall  come  over 
into  the  free  State  of  Kansas,  I  for  one,  under  the  fugitive  slave  law,  will 
stand  up  in  favor  of  its  execution.  I  am  opposed  to  any  principle  that 
shall  set  at  defiance  any  law  enacted  in  pursuance  of  the  Constitution  of  the 
United  States. 

[*182]  *Mr.  TiiACHER.  The  Constitution  of  the  United  States  was 
formed  by  great  and  good  men.  The  principle  of  the  Declaration  of 
Independence  strikes  throughout  that  instrument  and  vibrates  in  every 
line.  The  Constitution  of  the  United  States  does  not,  as  it  is  assumed, 
fasten  slavery  upon  any  one.  As  to  the  clause  uath  reference  to  those 
who  "owe  service,"  these  are  legal  terms,  and  just  as  well  understood  now 
as  in  the  day  when  the  Constitution  was  adopted.  To  owe  service  is 
connected  with  the  payment  of  service.  The  service  that  a  man  owes 
necessarily  follows  from  a  consideration  for  which  he  shall  perform  that 
service.  In  other  words,  it  is  a  declaration  that  no  contract  shall  be  in- 
vahdated.  Sir,  it  is  proposed  by  the  party  in  power  to  engraft  into  the 
Corstitution  of  the  United  States  a  provision  that  does  not  appear  there. 
It  is  proposed  to  fasten  upon  the  Constitution  a  provision  which  Washing- 
ton, Jefferson,  Madison,  and  all  the  great  and  good  men  of  that  day 
spumed  from  them.  For  Madison,  himself  a  slaveholder,  said  in  the  de- 
bates of  that  first  Constitutional  Convention,  "I  do  not  wish  to  see  the 
Constitution  recosnize  the  rizht  of  property  in  man."  INIadison  would 
have  blushed  with  shame  for  the  slavery  legislation  which  is  advocated 
here.  It  is  proposed,  sir,  to  amend  the  Declaration  of  Independence,  by 
inserting  exceptions,  as  in  the  case  of  crime,  &c.,  and  so  declaring  that 
the  Declaration  is  not  true — that  these  rights  of  man  are  not  inalienable — 
as  though  these  principles  were  not  just  as  true  now  as  when  Jefferson  and 
Madison  drew  them  up  and  placed  them  in  the  Constitution  of  the  United 
States.  I  have  no  objection,  sir,  to  adding  the  words  "except  for  the 
commission  of  crime;"  but  anything  further  I  shall  not  accept. 

Mr.  McDowell.  Our  first  duty  here,  Mr.  President,  as  I  conceive, 
under  the  oath  of  office  we  have  taken,  is  to  support  the  Constitution  of 
the  United  States.  So  that,  if  we  were  to  disregard  that  instrument,  and 
were  to  make  an  organic  law  that  would  contravene  its  provisions,  and 
send  that  law  to  Congress  and  ask  Congress  to  admit  us  into  the  Union 
under  it.  Congress  would  refuse  us  admission;  because  it  is  not  in  their 
province  to  admit  a  State  whose  Constitution  or  organic  law  is  in  con- 
travention with  that  of  the  United  States;  but  their  power  simply  extends 
to  the  admission  of  new  States  whose  government  shall  be  republican  in 
form,  and  whose  Constitutions  shaU  not  conflict  with  the  provisions  of  the 
Constitution  of  the  United  States.  It  is  immaterial  to  me,  sir,  by  what 
Ughts  the  gentleman  proposes  to  construe  that  instrument,  so  long  as  that 
instrument  itself  has  estabhshed  a  tribunal  of  interpretation  for  all  its  pro- 
visions, and  there  is  none  other  recognized  in  it  to  which  we  can  go  to 
get  a  construction.  And  when  that  tribunal  has  given  a  construction  to 
that  instrument,  it  does  seem  to  me  that  it  devolves  upon  us,  as  law- 
abiding  citizens — as  men  sworn  to  support  the  Constitution  of  the  United 
States — to  consent  at  once  to  support  it  as  it  has  been  thus  authoritatively 
construed.  I  think  I  might  appeal  to  the  gentlenian  as  a  lawyer  to 
ans\ver  me,  whether  or  not  the  Supreme  Court  of  the  United  States  has 
not  construed  the  Constitution  of  the  United  States  to  the  effect,  that  it 
is  the  right  of  the  owner  of  a  slave  escaped  from  his  service,  to  demand 
the  return  of  that  slave  in  a  free  State  upon  proving  his  identity?  I  ask 
whether  the   Constitution   does   not,  in   so   many  words,   give   him   that 


276  Convention  Proceedings  and  Debates. 

right?  WTiether  there  is  not  a  provision  in  that  instrument  that  proliibits 
any  State  from  making  a  Constitution  differing  in  spirit  and  letter  from 
that?  Then,  while  some  jurists  disagree  as  to  the  mode  in  which  this  right 
shall  be  exercised — some  claiming  that  the  several  States  shall  legislate 
upon  this  right — that  the  Constitution  of  the  United  States  has  not  the 
[*183]  word  slave  in  it,  and  that  if  the  owner  of  a  runaway  slave  go  *after 
his  fugitive  and  capture  him  in  a  free  State,  he  must  do  so  subject  to  the 
laws  against  kidnapping;  but  the  great  majority  have  found  it  expedient 
for  Congress  to  legislate  on  this  subject.  And  in  1S51  the  fugitive  slave  law 
was  passed.  That  law  has  been  decided  to  be  constitutional,  and  has  been 
enforced  in  almost  all  the  States  of  the  Union,  and  will  be  enforced  till 
it  may  be  repealed.  Now,  I  think  I  can  see  some  of  the  clear  poison  of 
higher-lawism  in  this  provision,  which  the  gentleman  from  Doniphan  pro- 
poses to  strike  out. 

The  President.  The  gentleman's  proposition  does  not  read  to  strike 
out. 

Mr.  McDowell.  I  may  not  have  been  verbally  accurate.  It  is  the 
purpose  of  the  amendment  to  remove  the  clause,  which  we  think  ought 
to  be  removed.  I  was  observing  that  I  thought  I  saw  the  still  poison  of 
higher-lawism  embraced  in  these  words,  and  for  one,  I  do  not  propose  to 
encourage  it.  I  do  not  regard  it  as  sound  political  philosophy,  and  I  re- 
gard it  as  unconstitutional.  In  addition,  as  was  well  observed  by  my 
friend,  this  clause,  if  adopted  as  it  now  stands,  will  simply  place  us  in  the 
attitude  of  the  commission  of  this  solecism;  recognizing  somewhere  the 
right  and  power  to  punish  crime,  yet  in  the  Bill  of  Rights  doing  away 
with  every  provision  of  that  kind,  by  asserting  that  the  control  of  the 
person  is  above,  beyond,  anterior  to  all  law.  I  hope  the  Convention  will 
enact  no  such  solecism  as  that.  Whatever  their  notions  may  be  on  these 
questions  in  relation  to  the  fugitive  slave  law,  let  us  be  careful,  at  least, 
to  avoid  placing  ourselves  in  an  absurd  position. 

Mr.  Ritchie.  Did  not  the  Convention  strike  out  of  this  first  section 
all  after  the  word  "safety"? 

The  President.    That  motion  did  not  prevail. 

Mr.  Blunt.  Mr.  President,  I  propose  to  offer  the  following  as  a  sub- 
stitute for  the  amendment  of  the  gentleman  from  Doniphan:  "Except  in 
cases  where  the  party  is  charged  with  crime,  or  has  been  convicted  thereof." 

The  President.  The  chair  conceives  this  to  be  out  of  order  as  a  sub- 
stitute for  the  amendment  of  the  gentleman  from  Doniphan  (Mr.  Wrig- 
ley) .  The  amendment  of  the  gentleman  from  Doniphan  makes  an  exception 
to  the  provision  in  the  latter  clause  of  the  section.  The  amendment  of  the 
gentleman  from  Anderson  (Mr.  Blunt)  also  makes  an  exception,  but  of  a 
slightly  different  character,  and  may  be  taken  as  an  amendment  to  the 
amendment  offered  by  the  gentleman  from  Doniphan. 

Dr.  Blunt.  Mr.  President,  the  proposition  I  have  offered  as  an 
amendment,  I  think  is  not  only  pertinent,  but  removes  one  of  the  objec- 
tions referred  to  by  the  gentleman  from  Doniphan  (Mr.  Wrigley)  and  the 
gentleman  from  Leavenworth  (Mr.  McDowell),  "that  the  section  as  re- 
ported would  allow  persons  charged  with  crime,  or  convicted  thereof  to 
have  control  of  their  persons  and  thus  defeat  the  e.xecution  of  law."  There- 
fore, to  remove  all  doubtful  and  dangerous  construction  that  might  be  put 
upon  the  section,  I  have  proposed  this  amendment.  This,  however,  does 
not  appear  to  meet  the  real  objection  of  gentlemen  upon  the  other  side  of 
the  house,  who  think  they  have  discovered  in  the  Bill  of  Rights  as  re- 


Monday,  July  18,  1859.  277 

ported  by  the  Committee,  an  attempt  to  evade  the  execution  of  the  fugi- 
tive slave  law,  and  true  to  the  instincts  of  the  party  they  represent,  whose 
democracy  consists  in  bowing  the  supphant  knee  to  the  demands  of  the 
slave  power,  they  come  promptly  to  the  rescue. 

I  do  not  know  what  object  the  committee  had  in  view  when  framing 
this  section  of  the  Bill  of  Rights,  but  it  is  very  certain  that  the  fugitive 
slave  law  had  not  occurred  to  my  mind,  in  connection  with  the  matter 
under  consideration,  until  attention  was  called  to  it  by  the  ever  faithful 
guardians  of  the  "peculiar  institution,"  on  the  other  side  of  the  chamber. 
As  they  have  introduced  the  subject,  however,  1  desire  now  to  say  that  if 
this  section,  as  reported,  does  not  sufficiently  protect  the  rights  of  the 
[*184]  citizens  *of  Kansas  against  the  aggressions  of  this  infamous  law, 
I  would  have  it  so  amended,  or  an  additional  section  incorporated,  that 
there  should  be  no  doubt  existing  in  the  mind  of  any  one  as  to  the  power 
of  the  Legislative  or  Judicial  departments  in  relation  to  this  matter;  for 
while  our  democratic  friends,  in  the  exercise  of  their  peculiar  functions  of 
"Union  savers,"  are  eager  to  exhibit  their  willingness  to  obey  the  com- 
mands of  their  Southern  masters,  I  am  equally  aiLxious  that  the  broad 
prairies  of  Kansas,  that  have  been  so  nobly  won  to  freedom,  after  a  long 
and  bloody  struggle,  shall  never  be  prostituted  as  the  hunting  ground  for 
human  prey. 

Now,  in  the  incipient  stage  of  our  State  organization,  I  conceive  to  be 
the  proper  time  to  declare  whether  we  will  or  will  not  prostitute  ourselves 
by  aiding  in  the  execution  of  the  most  inhuman  and  infamous  statute  that 
ever  disgraced  a  Christian  and  civilized  country. 

.  I  do  not  propose  to  speak  the  sentiments  of  the  "Republican  party  of  the 
country,  or  of  Kansas,  upon  this  subject,  but  merely  to  declare  my  own 
individual  views;  and  such  as  they  are,  I  am  willing  that  they  should  be 
published  to  the  world.  I  hold,  with  the  fathers  of  the  early  Republic, 
that  the  institution  of  human  slavery  is  a  creature  of  municipal  law,  hav- 
ing its  origin  in  the  law  of  physical  force,  or  the  ability  of  one  race  of  be- 
ings to  hold  another  in  subjection  without  any  principle  of  moral  right; 
that  it  is  not  only  in  violation  of  the  princip'es  of  Christian  humanity  and 
the  laws  of  God,  but  also  at  variance  with  the  spirit  of  the  age  in  which 
we  live,  and  in  conflict  with  the  best  and  dearest  interests,  morally,  politi- 
cally, and  socially,  of  every  civilized  commuritv.  This  accursed  institution, 
m  the  footsteps  of  which  follows  a  moral  blight  and  mildew,  was  but  the 
relic  of  a  barbarous  age,  entailed  upon  the  orisinal  States  at  the  time  they 
emerged  from  the  darkness  of  despotism  to  be  clothed  with  the  e'orious 
light  of  American  liberty,  and  became  a  perplexing  question  with  the 
founders  of  the  American  confederacy,  as  to  the  true  policy  to  be  pursued 
relative  to  an  institution  which  they  conceived  to  be  at  war  with  the  spirit 
and  genius  of  the  principles  of  liberty,  for  which  they  had  so  nobly  con- 
tended— an  institution  which  they  abhorred,  and  deprecated,  and  which 
they  fondly  hoped  would  at  some  day,  not  then  far  distant,  become  ex- 
tinct. I  think  the  history  of  the  organization  of  the  confederacy,  and  the 
debates  upon  the  formation  of  the  Federal  Constitution,  go  clearly  to  show 
that  it  was  never  intended  by  the  pure  and  incorruptible  statesmen  of 
that  day  that  the  institution  of  slavery  should  ever,  in  any  way,  be 
nationalized.  They  only  permitted  it  to  remain  where  it  then  already  ex- 
isted, subject  to  such  local  regulations  as  might  be  prescribed — and  that 
outside  of  its  municipal  boundaries,  all  responsibilities  for  its  existence  and 
maintenance  should  cease,  and  that  the  Federal  government  should  be 
e.s{?entially  a  government  for  freedom.     And  upon  this  basis  I  now  pro- 


278  Convention  Proceedings  and  Debates. 

pose  to  stand,  believing  as  I  do,  that  the  fugitive  slave  law  is  not  only  in- 
human and  infamous,  but,  to  my  comprehension,  clearly,  and  beyond 
doubt,  a  violation  of  the  Constitution  of  the  United  States.  For  I  con- 
ceive, and  I  think  correctly,  that  the  clause  in  the  Federal  Constitution 
that  refers  to  "fugitives  from  service  or  labor,"  and  which  is  taken  as 
authority  for  the  fugitive  act,  does  not  confer  upon  Congress  any  power 
to  legislate  upon  that  subject,  and  was  never  intended  as  anything  more 
than  a  compact — binding  in  the  good  faith  of  the  parties — whereby  the 
Free  States  agreed  that  they  would  interpose  no  lawful  barrier  to  prevent 
the  slaveholder  from  pursuing  and  capturing  his  chattel,  if  he  saw  proper 
to  do  so,  at  his  own  expense  and  risk,  but  it  never  contemplated  that  the 
people  of  the  Free  States  should  be  compelled  by  Federal  authority  to 
convert  themselves  into  bloodhounds  to  be  used  in  running  down 
human  chattels,  and  to  be  made  subservient  to  the  will  of  the  slave- 
[*185]  *hunter,  in  sustaining  an  institution  in  which  they  have  no  in- 
terest or  lot. 

But  we  are  told  by  these  "Union-savers,"'  who  stand  as  sentinels  upon 
the  outposts  of  slavery,  with  holy  horror  depicted  upon  their  faces,  "that 
the  fugitive  act  is  the  law  of  the  land,  and  that  until  it  is  repealed,  as  good 
citizens  we  are  bound  to  obey  it."  I  have  not  the  time,  neither  do  I  wish 
now,  to  go  into  a  minute  examination  of  this  subject,  and  will  only  remark 
briefly,  in  reply  to  this  kind  of  argument,  that  those  who  made  the  law 
and  those  who  decide  upon  its  constitutionality,  are  but  human,  and  liable 
to  err;  and  was  error  their  only  fault  it  might  be  palliated  and  excused, 
but  the  fact  is  patent  and  too  well  known  to  require  proof  here,  that  the 
Legislative,  Executive  and  Judicial  departments  of  this  government  are 
under  the  control  and  patronage  of  the  slave  power,  and  dare  not  do  other- 
wise than  obey  its  inexorable  demands.  And  while  as  a  general  principle, 
I  am  opposed  to  the  disobedience  of  law,  and  am  ready  to  submit  to  any 
enactment  that  affects  only  my  material  or  corporeal  interests,  however 
unjust  such  law  may  be,  yet  I  will  never  submit  to  any  statute  that  com- 
pels me,  in  violation  of  conscience  and  a  conception  of  Christian  duty,  to 
commit  a  crime  against  the  laws  of  God  and  humanity.  And,  Mr.  Presi- 
dent, I  will  here  be  frank  to  declare  that  while  I  will  never  interfere  with 
the  institution  of  slavery,  when  it  exists  in  the  States  by  municipal  law, 
neither  will  I  in  any  manner  be  responsible  for  any  of  its  sins.  While  I 
shall  use  no  means  to  induce  slaves  to  flee  from  their  masters,  neither  vnW 
I  suffer  myself  to  be  used  as  an  instrument  for  their  capture  and  return. 
I  expect  to  recognize  every  man  upon  the  free  soil  of  Kansas  as  a  freeman, 
without  reference  to  the  color  of  his  skin,  un'ess  I  know  that  he  is  gi'i^ty 
of  a  crime  that  should  deprive  him  of  his  liberty,  and  so  help  me  God, 
whi'e  the  fugitive  slave  act  remains  upon  the  statute  book,  I  shall  ever 
consider  it  a  Christian  duty  to  disregard  its  cruel  mandates.  No  wicked 
and  infamous  law  shall  ever  deter  me  from  feeding  the  hungry  and  shelter- 
ing the  wear}',  and  exercising  towards  a  fellow-being  the  kind  offices  of  a 
common  humanity.  "As  ye  would  that  others  should  do  unto  you,  do  ye 
even  so  unto  them,"  was  the  precept  of  Him  whose  example  is  worthy  of 
imitation;  and  I  desire  here  to  say  that  the  officer  who  shall  ever  com- 
mand me,  as  one  of  the  posse  com'tatiis,  to  aid  in  the  execution  of  the 
fugitive  s'ave  law,  offers  to  me  a  direct  insult,  and  he  may  expect  me  to 
act  accordingly.  I  will  ever  hurl  defiance  at  its  commands,  despite  all  the 
penalties  of  fine  and  imprisonment  that  can  be  enforced  by  any  corrupt 
and  tyrannical  power. 

To  return  then,  Mr.  President,  to  the  subject  directly  under  considera- 


Monday,  July  IS,  1859.  279 

tion,  I  take  the  position  that  it  is  the  duty  of  every  State  to  protect  its 
citizens  against  unwarrantable  Federal  aggression,  and  it  is  especially  the 
right  and  duty  of  the  free  States,  to  protect  its  citizens  asainst  the  aggres- 
sions of  the  fugitive  slave  law.  I  think  it  eminently  befitting  the  Conven- 
tion, in  organizing  a  State  government  for  Kansas,  to  present  itself  before 
the  world  as  occupying  a  bold  and  proud  position  upon  this  question. 

The  position  of  protecting  the  rights  of  her  citizens  in  this  matter,  is 
one  peculiarly  appropriate  for  the  State  of  Kansas  to  assume;  when  we 
consider  the  fact,  that  in  the  last  few  years  she  has  been  the  object  of  a 
bitter  and  violent  persecution,  at  the  hands  of  a  corrupt  democracy,  un- 
paralleled in  the  history  of  any  country.  And  having,  after  years  of 
struggling  against  the  combined  cohorts  of  slavery,  backed  by  the  strong 
arm  of  federal  law,  emerged  from  darkness  and  oppression  into  the  glori- 
ous morning  of  liberty,  she  should  ever  value  the  rights  she  has  achieved, 
and  defend  them  from  all  aggressions,  from  whatever  source  they  may 
come. 

The  noble  State  of  Wisconsin,  peopled  by  the  virtue  and  intelligence  of 
New  England,  has  been  the  first  to  assume  the  bold  position  of  antagonism 
[*186]  to  the  fugitive  slave  law.  Her  su*preme  judiciary  was  the  first 
to  interpose  to  protect  freemen  from  its  cruel  exactions,  and  for  this  act 
of  independent  sovereiinty  she  has  received  the  commendation  and  ap- 
plause of  the  free  North,  and  the  respect  even  of  the  South,  and  to-day 
her  citizens  have  reason  to  rejoice  for  the  proud  position  she  has  taken. 

In  conclusion,  Mr.  President,  I  have  only  to  add,  that  I  desire  to  see 
this  question — of  the  right  of  a  sovereign  State  to  protect  her  citizens  from 
federal  aggression — fixed  definitely,  and  ratified  by  the  people  of  Kansas 
in  their  organic  laws,  that  our  legislative  and  judicial  departments  shall 
hereafter  have  the  landmarks  boldly  and  clearly  defined. 

The  eyes  of  the  whole  country  are  turned  towards  us  watching  our 
every  act,  and  nothing  will  be  more  gratifying  to  the  friends  of  freedom 
throughout  the  Union,  or  command  more  respect  from  the  votaries  of 
slavery,  than  to  see  Kansas  at  this  time  place  herself  proudly  and  firmly 
upon  the  ancient  doctrine  of  State  rights,  or  State  sovereignty.  That  doc- 
trine, so  nobly  contended  for  by  Jefferson  and  his  illustrious  compeers — 
was  once  the  pride  of  democracy,  but  which,  alas  for  the  cause  of  human 
rights,  was  long  since  ignored  by  the  latter-day  prototypes  of  that  once 
noble  race,  to  give  place  to  the  prevailing  democratic  idea  of  the  present 
day — "that  the  States,  and  the  union  of  the  States,  have  no  higher  mission 
to  perform  than  the  extension  and  perpetuation  of  human  slavery,  and 
that  all  else  must  be  made  subservient  to  its  interests." 

I  deny,  Mr.  President,  that  the  democracy  of  to-day  has  any  affinity 
with  the  democracy  of  Jefferson,  and  the  noble  band  of  patriots  who  ad- 
vocated with  such  earnest  zeal  the  doctrine  of  the  rights  and  sovereignty 
of  the  States.  But  whatever  may  be  the  position  now  occupied  by  our 
adversaries,  or  whatever  wrongs  may  be  committed  in  the  name  of  de- 
mocracy, let  the  Republicans  of  Kansas  to-day,  in  the  organization  of  an 
independent  and  sovereign  State,  incorporate  the  principles  inculcated  by 
the  founders  of  the  Republic,  and  in  so  doing  we  will  not  only  challenge 
the  admiration  of  the  good  and  true,  but  will  have  faithfully  discharged 
our  duty  to  ourselves,  to  our  posterity,  to  our  country,  and  to  our  God. 

Mr.  Griffith.  It  seems  to  me,  sir,  that  this  discussion  and  both  amend- 
ments are  unnecessary,  and  that  they  result  from  a  misconception  of  the 
clause  in  question.  I  see  nothing  of  any  higher-law  doctrine  in  this  sec- 
tion.   If  it  is  there,  I  confess  that  I  have  not  penetration  enough  to  dis- 


280  Convention  Proceedings  and  Debates. 

cover  it.  The  proposition  is,  "that  the  right  of  all  men  to  the  control  of 
their  persons  exists  prior  to  law,  and  is  inalienable."  It  does  not  propose 
that  the  authority  of  the  State  shall  not  hold  the  persons  of  men  if  they 
have  committed  crime,  but  simply  that  this  right  exists  prior  to  law,  and 
is  inalienable  by  the  person  holding  it — that  is,  he  cannot  sell  it  or  dispossess 
himself  of  it.    But,  sir,  the  law  of  the  land  regulates  this  matter  entirely. 

Mr.  LiLLiE.  Mr.  President,  like  my  friend  from  Bourbon,  Mr.  Griffith, 
I  think  this  debate  has  taken  rather  an  extraordinary  range.  It  occurs 
to  me,  sir,  that  this  is  a  question  of  natural  rights,  and  not  at  all  con- 
nected with  artificial  rights  and  civil  disability.  It  is  a  declaration  that 
all  men  are  created  free  and  equal  and  possessed  of  certain  inalienable 
rights,  such  as  we  all  concede,  as  set  forth  in  the  Declaration  of  our 
national  independence — from  which  1  suppose  no  gentleman  at  this  hour 
will  deliberately  dissent.  These  are  natural  rights;  but  by  this  section 
we  say  that  they  existed  prior  to  the  formation  of  any  government;  that 
they  are  coextensive  with  the  existence  of  man,  and  so  were  before  the 
formation  of  civil  government.  When,  by  the  multipUcation  of  men,  it 
became  necessary  to  have  civil  government,  individuals  gave  up  part  of 
[*187]  their  natural  rights  to  secure  for  themselves  the  blessings  of  *civil 
hberty,  and  among  them  were  restraints  upon  the  liberty  and  life  of  the 
person.  Hence  it  became  necessary  that  laws  should  be  enacted  to  pro- 
tect the  weak.  These  natural  rights  were  given  up  for  the  protection  of  the 
weak.  Thus,  every  man  in  the  State  has  acknowledged  that  he  has  given 
away  part  of  his  natural  rights.  And  this  is  a  legal  disability,  having  its 
ori.in  in  civil  government.  But  I  consider  this  question  as  contemplating 
only  natural  rights,  and  not  acquired  rights,  and  therefore,  I  think  the 
amendment  entirely  out  of  order  and  having  no  applicability  to  the  case. 
And  as  no  gentleman  had  expressed  my  views  exactly,  I  thought  it  due 
to  my  position  to  say  this  much. 

Mr.  Burnett.  Mr.  President,  it  seems  to  me  that  gentlemen  are  labor- 
ing under  a  misapprehension.  I  consider  that  the  last  clause  of  this  section 
but  annunciates  a  great  natural  right,  and  if  there  is  any  necess'ty  for 
making  qualifications,  as  suggested  by  the  gentleman  from  Anderson,  Mr. 
Blunt,  it  might  be  best  to  place  them  also  in  connection  with  the  right  to 
life  and  liberty.  But  in  the  annunciation  of  this  natural  right  to  the  con- 
trol of  the  person,  and  that  it  exists  prior  to  law — what  does  the  word 
"prior"  mean?  It  means  "antecedent  to."  Then  we  have  the  declaration 
that  a  man's  right  to  the  control  of  his  person  is  antecedent  to  the  law — 
is  a  natural  right.  And  this  right,  in  the  list  of  the  natural  rights  of  man, 
forms  a  part  of  this  report — this  is  a  bill  of  rights.  I  know,  sir,  that  there 
is,  at  the  present  time,  a  great  distrust  in  the  minds  of  certain  politicians 
in  regard  to  th;s  matter  of  natural  rights.  There  is  a  great  disposition  to 
look  upon  the  Declaration  of  Independence  as  a  string  of  "glittering  gener- 
alities." But  I  wish  to  see  this  clause  retained  just  as  it  is.  Anything 
short  of  that,  would  be  falling  short  of  the  proud  position  taken  by  our 
fathers  in  the  declaration  of  their  rights. 

Mr.  Blunt.  Mr.  President,  I  merely  wish  to  state  that  I  entertain  the 
same  views  as  represented  here  by  my  friends  from  Bourbon  and  Madison, 
Mr.  Griffith  and  Mr.  Lillie,  and  that  I  offered  my  amendment  merely  to 
conciliate  the  other  side  of  the  house,  and  to  remove  a  single  objection. 
But  upon  reflection  I  will  withdraw  it. 

The  President.  The  question  is  on  the  adoption  of  the  amendment  of 
the  gentleman  from  Doniphan. 

Mr.  Greer.    Mr.  President,  I  hope  gentlemen  will  not  act  precipitately 


Monday,  July  18,  1859.  281 

on  this  question.  It  has  been  assumed  here  that  this  is  nothing  more  than 
the  annunciation  of  the  great  principle  of  hberty  which  belongs  to  every 
member  of  society,  which  is  inalienable,  and  which  cannot  be  affected  by 
the  power  to  establish  a  government.  While  I  am  not  entirely  prepared  to 
concede  that  this  section  would  carry  us  as  far  as  contended  for  by  the 
two  gentlemen  from  Leavenworth,  yet  I  see  that  there  is  something  in  this 
clause  which  is  objectionable  upon  principle.  If  every  man  in  community 
has  rights  that  are  inalienable — rights,  sir,  that  cannot  be  controlled  by 
constitutional  provisions — for  every  inalienable  right  stands  above  the  Con- 
stitution— if  it  were  to  be  declared  here  that  the  control  of  the  person  is 
inalienable,  and  that  it  ex'sts  before  law.  I  would  like  to  know  of  gentle- 
men who  are  in  favor  of  retaining  this  clause,  how  they  would  get  au- 
thority to  arrest  a  man  charged  with  crime,  and  carry  him  into  a  court  of 
justice  for  trial,  without  violating  this  clause  in  the  Constitution?  While 
it  would  not  give  him  the  proper  control  of  himself  in  the  perpetration  of 
crime,  it  would  give  him  the  right  to  resist  the  powers  of  law  by  which  he 
might  be  brought  into  court  to  be  punished.  And  while  this  is  the  in- 
evitable conclusion  that  must  be  drawn,  so  far  as  the  criminal  law  is  con- 
cerned, there  is  another  effect  that  would  flow  from  such  a  declaration, 
[*188]  *and  that  is,  you  could  not  control  the  person  of  the  citizen  for 
the  purpose  of  getting  testimony  into  a  court  of  justice,  because  it  would 
be  a  violation  of  this  clause  in  the  Constitution.  And  while  this  is  the 
fact,  I  do  not  conceive  that  the  amendment  of  the  gentleman  from  Doni- 
phan obviates  the  difficulty.  I  think  that  portion  of  the  section  ought  to  be 
stricken  out  by  the  Convention,  because  it  is  objectionable  for  such  hiih 
and  important  reasons.  And  I  undertake  to  say  this  would  be  the  effect 
of  it.  Where  there  is  an  inalienable  right  existing  before  law,  it  is  uncon- 
trollahle  by  law  or  Constitution.  And  if  there  is  any  right  that  cannot  be 
controlled  by  law  or  Constitution,  the  individual  can  never  be  subject  to 
anything  that  violates  that  right,  without  a  violation  of  this  clause  in  the 
Constitution.  I  think,  sir,  that  it  is  all  that  is  necessary  for  the  full  and 
perfect  declaration  of  the  rights  of  the  citizen  as  declared  in  other  parts  of 
the  report,  that  it  should  be  announced  here  "that  all  men  are  by  nature 
free  and  independent,  and  have  certain  inalienable  rights,  among  which  are 
tho.se  of  enjoying  and  defending  their  lives  and  liberties" — leaving  the 
right  to  the  control  of  the  person  for  the  purpose  of  carrying  on  the  gov- 
ernment. I  do  not  think  this  has  anything  to  do  with  the  fugitive  slave 
law.  If  this  Constitution  should  contain  a  clause  contravening  the  Con- 
stitution of  the  United  States,  it  would  be  a  mere  nullity.  But  I  do  not 
conceive  that  this  clause  is  liable  to  such  an  objection.  I  think  it  might  be 
regarded  as  consistent  with  the  Constitution  of  the  United  States,  though, 
as  I  have  suggested,  it  might  be  set  up  against  the  judicial  administration 
of  the  laws,  upon  the  plea  that  a  man  cannot  be  deprived  of  the  control  of 
his  person.  If  there  was  any  way  of  reconsidering  the  vote  we  have  taken 
on  striking  out  this  clause,  I  would  be  in  favor  of  taking  that  course,  for 
tlie  sake  of  amendment. 

Mr.  Hutchinson.  Mr.  President,  I  really  do  not  know  what  is  in- 
volved in  this  debate.  I  think  the  gentlemen  from  Bourbon  and  Anderson 
have  taken  the  only  correct  view,  and  until  they  spoke  I  was  surprised  at 
the  wide  range  of  remark  which  had  been  taken.  I  do  not  think,  sir,  that 
it  becomes  us  to  take  a  contracted  view  of  this  question.  This  is  the  first 
section  of  our  bill  of  rights.  What  is  a  bill  of  rights?  It  is  a  mere  declara- 
tion of  the  natural  rights  of  man.  And  in  summing  up  these  rights,  it  is 
not  to  be  supposed  that  we  will  come  down*  to  any  narrow,  contracted  con- 
ception of  them — that  we  will  use  the  pocket  compass  of  legislation — but  it 


'2S>2  Convention  Proceedings  and  Debates. 

is  to  be  supposed  that  we  will  look  on  the  bright  side — will  take  a  fair  and 
independent  view  of  the  rights  of  man,  aside  from  the  restrictions  of  law 
and  civil  government  of  any  character.  And  if  we  are  to  allow  any  por- 
tion of  this  section  to  stand — if  we  declare  all  men  equally  free  and  inde- 
pendent, certainly  we  may  more  reasonably  declare  that  all  men  have  the 
right  to  the  control  of  their  own  persons.  If  it  should  be  amended  any- 
where, I  think  it  should  be  in  the  first  line,  so  as  to  read  "all  men,  except 
negroes  and  criminals — all  persons  except  those  owing  service  and  labor, 
and  those  retained  for  the  commission  of  crime,  and  so  on,  are  equally  free 
and  independent,  and  have  those  inalienable  rights  of  enjoying  and  defend- 
ing their  hberties,  and  of  acquiring,  preserving  and  protecting  property."  It 
is  but  a  declaration  of  those  natural  rights  of  man  that  have  been  acknowl- 
edged from  the  foundation  of  this  government.  The  gentleman  from 
Shawnee  asks,  "How,  with  this  clause,  will  you  arrest  a  criminal  or  execute 
the  criminal  law?"  I  ask  h'm  again.  How  were  the  criminal  laws  executed 
in  the  days  of  Jefferson  and  Madison? 

On  motion  of  A^'^r.  HorsTON,  the  amendment  was  laid  on  the  table  by  the 
following  vote,  Mr.  Slough  demanding  the  yeas  and  nays: 

Yfas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  B'ood, 
[*189]  Button,  Graham,  *Griffith,  Hutchinson,  Hanway,  Hoffman,  Hous- 
ton, Ingalls,  Kin'Tman.  Lillie,  Lamb,  Middleton,  McCuUoush,  Preston,  Por- 
ter. Pitchie.  Poss.  Signor,  Stokes,  Simpson,  Thacher,  Townsend,  T.  S. 
Wright,  Williams— 30. 

Nays — Messrs.  Barton,  Foster,  Forman,  Greer,  Hippie,  Hubbard,  Moore, 
McDowell,  McCune,  Palmer,  Parks,  Slough,  Stinson,  Stiarwalt,  J.  Wright. 
Wrigley — 16. 

So  Mr.  Wrigley's  amendment  was  laid  on  the  table. 

Mr.  President  Winchell  (Mr.  Hutchinson  in  the  chair)  offered  the 
following  as  a  substitute  for  the  first  section:  "All  men  are  by  nature 
free  and  equal  and  possessed  of  certain  riehts  inalienable  by  law,  except 
for  the  commission  of  crime,  among  which  rights  are  life,  liberty,  the 
pursuit  of  happiness  and  the  acquirement,  possession  and  protection  of 
property." 

Mr.  Winchell.  Mr.  President,  I  offer  this  substitute,  because  I  think 
there  is  some  foundation  for  the  arguments  which  have  been  adduced 
suggesting  amendments.  It  appears  to  me  that  if  we  declare  in  the  funda- 
mental law,  that  men  have  certain  rights  that  are  inalienable,  we  must 
mean  that  those  ridits  are  inalienable  by  law.  We  are  not  here  for  the 
purpose  of  considering  rights  of  persons  as  contemplated  by  law,  and  if  we 
proceed  to  enlarge  or  restrict  those  rishts,  it  seems  to  me  that  we  shall 
lay  ourselves  open  to  the  charge  of  stultification.  I  therefore  offer  this 
amendment,  which  is  intended  to  remove  the  objections  and  difficulties 
suggested. 

Mr.  Kingman.  Mr.  President,  I  do  not  propose  to  argue  this  ques- 
tion. I  would  be  willing  to  vote  for  the  section  as  it  stands,  but  I  prefer 
the  language  of  the  substitute  just  offered.  But  I  hold  in  my  hand  a 
section  which  I  prefer  to  both  of  them.  I  do  not  propose  at  this  time 
to  offer  it.  But  I  hold  that  this  use  of  the  word  "inalienable,"  is  mis- 
understood and  misinterpreted  in  this  House.  A  man's  right  to  his  life  is 
inalienable  in  law  under  all  circumstances.  He  has  no  ri-^ht  to  sell  or  give 
it  away — no  right  to  dispose  of  it  at  all.  But  the  word  "inalienable"  has 
a  fixed  meaning  in  law.  And  when  in  the  common  use  of  the  word  we  say, 
that  a  man  cannot  alienate  his  property,  none  would  suppose  we  mean  t(» 


Monday,  July  18,  1859.  283 

say,  he  cannot  forfeit  his  property.  We  propose,  at  the  proper  time,  to 
propose  in  this  Constitution,  that  there  shall  be  a  homestead  set  apart 
to  each  settler  in  the  State,  which  shall  be  inalienable,  but  we  do  not 
propose  to  ordain  that  it  shall  not  be  forfeited  for  debts  due  to  the  State, 
and  so  on.  I  do  not  like  to  see  this  doctrine  impinged.  I  do  not  like 
to  depart  from  old,  established  usage.  Therefore  I  hope  the  section  which 
I  hold  in  my  hand  will  be  adopted.  By  the  leave  of  the  Convention  I 
wUl  read  it: 

"All  men  are  possessed  of  equal  and  inalienable  natural  rights,  among 
which  are  those  of  life,  liberty  and  the  pursuit  of  happiness." 

These  terms,  Mr.  President,  are  fixed  in  the  minds  of  the  American 
people — they  have  become  traditional.  And  I  offer  to  strike  out  and  in- 
sert this,  that  the  American  feeling  might  appear  in  this  section.  We 
all  cling  to  old  truths,  and  I  love  the  very  forms  of  expression  in  which 
old  truths  have  been  presented.  I  dislike  to  change  any  old  truth  from 
the  forms  of  language  to  which  I  have  been  accustomed.  I  dislike  to  see 
them  taken  from  the  habiliments  in  which  I  have  so  often  seen  them 
clothed  and  put  into  new  and  doubtful  phraseology;  and  our  national 
Declaration  of  Independence  is  of  this  class  of  truth.  That  Declaration  of 
Rights  forms  a  part  of  our  political  creed,  from  which  no  man  can  ex- 
tricate himself;  and  I  do  not  wish  to  change  the  clothing  of  these  ideas. 
It  is  this  feeling  that  makes  a  man  who  has  long  read  one  book — as  the 
Bible  or  Blackstone — value  it  a  hundred  fold  above  its  intrinsic  value. 
This  makes  a  man  like  to  read  the  sentiments  he  cherishes  in  their  origi- 
nal style  of  expression — makes  him  like  to  dwell  on  the  very  words  that 
cover  the  principles  he  holds  closest  to  his  heart.  And  we  should  express 
[*190]  these  sentiments  in  few  *words — sufficient  to  cover  their  views 
and  carry  their  original  force,  and  whatever  goes  beyond  that  is  injurious 
to  the  sense.  I  say  again,  sir,  I  love  these  old  forms.  They  are,  it  seems 
to  me,  as  the  political  Bible  of  every  citizen  of  the  United  States.  If  you 
change  their  language,  you  mar  their  beauties — carry  the  mind  away  from 
the  sense,  and  send  it  off  into  reflections  on  the  phraseology  and  meaning 
of  these  new  terms.  I  think  the  amendment  I  have  read,  in  these  old 
terms,  is  broad  enough.  It  will  show  no  man's  prejudices,  and  it  is  broad 
enough  for  all  to  stand  upon. 

The  President  (Mr.  Hutchinson  in  the  Chair)  decided  the  amendment 
out  of  order. 

Mr.  Slough.  It  is  only  an  amendment  in  the  second  degree.  It  seems 
to  me  that  the  Chair,  upon  second  thought,  must  come  to  this  conclusion. 

The  President.    A  substitute  is  not  susceptible  of  amendment. 

Mr.  Slough.    I  appeal  from  that  decision. 

Mr.  Prest.  Winchell.  I  hope  the  gentleman  will  not  consume  time 
by  an  appeal.  It  strikes  me  that  the  Chair  is  laboring  under  a  mistake. 
I  suppose  this  substitute  of  the  gentleman  from  Brown  (Mr.  Kingman) 
to  occupy  the  same  position  as  an  arrendment  to  an  amendment,  and  that 
if  the  substitute  is  complete  in  itself  it  is  in  order. 

The  PRFsmENT.  The  Chair  is  still  of  the  opinion  that  a  substitute  i? 
not  amendable. 

Mr.  Winchell.    It  is  a  substitute  for  a  substitute. 

The  President  (Mr.  Hutchinson),  explained  and  defended  the  position 
of  the  Chair  on  the  point  of  order,  but  waived  the  decision  and  enter- 
tained the  substitute  of  Mr.  Kingman. 

Mr.  Winchell.    Mr.  President,  it  is  a  very  delicate  matter  for  a  mai? 


284  Convention  Proceedings  and  Debates. 

who  is  no  lawyer  to  undertake  a  legal  argument  upon  a  question  of  law 
coming  from  lawyers  who  have  the  confidence  of  members.  But  cer- 
tainly it  seems  to  me  that  on  one  point  here  there  is  a  mistake — I  refer  to 
the  meaning  of  the  word  "inalienable." 

I  find  from  this  authority  (Webster's  Dictionary)  that  the  meaning  of 
the  word  "alienate"  is  "to  transfer;"  and  that  the  definition  of  the  word 
■'inalienable"  is  "that  which  cannot  be  transferred  to  another."  So,  there 
is  nothing  here  to  satisfy  my  mind  that  the  efi"ect  of  this  section  will  be  to 
restrict  the  action  of  law  upon  the  right  to  the  control  of  persons  and 
property.  If  I  am  not  mistaken,  sir,  we  often  find  phrases  to  the  effect 
that  property  shall  not  be  transferred  without  the  consent  of  the  owner, 
legally  obtained.  Yet  we  see  all  descriptions  of  property  sold  for  debt — 
for  rents — and  land  is  sold  for  taxes.  At  least  we  might  admit  that  there 
is  room  for  a  diversity  of  opinion.  The  gentleman  from  Brown  (Mr. 
Kingman)  has  offered  a  more  general  amendment  than  mine.  It  gives  room 
for  men  of  diverse  views  to  stand  upon  and  therefore  I  am  opposed  to  it. 
It  does  not  make  the  matter  clear  enough  for  the  House  to  discern  whether 
the  principle  they  desire  is  enunciated  or  not.  Sir,  I  am  desirous  of  seeing 
no  amendment  prevail  which  shall  allow  the  gentleman  from  Doniphan, 
and  his  friends,  to  believe  that  the  right  of  any  man  to  claim  a  fugitive  is 
granted  by  that  provision.  I  desire  that  thing  to  be  settled  here.  I  desire 
that  the  courts  of  the  State  of  Kansas  shall  have  the  full  benefits  of  a 
constitutional  guarantee  in  making  up  their  decisions  upon  the  question. 
And  it  is  for  this  reason  that  I  have  offered  my  substitute — not  that  I 
consider  myself  able  to  offer  anything  preferable  to  the  suggestions  of  the 
minds  of  other  men,  but  because  I  desire  to  have  this  principle  decided, 
upon  which  we  differ  so  widely.  I  admit  that  the  substitute  of  the  gentle- 
man from  Brown  is  general  and  unexceptionable  in  its  terms.  At  the 
same  time,  I  believe,  that  since  his  model  was  adopted,  the  times  have 
changed,  the  men  have  changed,  and  this  question  has  assumed  a  new 
phase,  so  that  it  becomes  our  duty,  in  order  to  meet  this  question  fairly, 
to  present  our  declaration  in  words  and  phrases  of  unmistakable  sig- 
nificance. 

[*191]  *Mr.  Stinson.  Mr.  President,  as  I  understand  the  gentleman 
from  Osage,  the  proposition  he  places  before  us  is  this:  that  he  desires 
some  constitutional  provision  which  shall  compel  the  courts  of  the  State  of 
Kansas  to  refuse  to  execute,  or  to  put  hindrances  in  the  way  of  the  execu- 
tion of  the  fugitive  slave  law  of  the  United  States. 

Mr.  WiNCHELL.    The  gentleman  is  right. 

Mr.  Stinson.  I  thank  the  gentleman  for  the  admission;  and  through 
him  I  thank  the  party  he  represents  for  the  spirit  of  frankness  in  which  the 
declaration  is  now  put  forth.  It  has  been  often  charged  upon  this  floor,  sir, 
that  Democratic  members,  by  several  motions,  have  been  attempting  here 
to  throw  obstacles  in  the  way  of  the  admission  of  Kansas  into  the  Union, 
and  now  I  will  ask  these  gentlemen  how  they  can  suppose  that  any  State 
Constitution  can  be  admitted  by  Congress  with  such  a  provision  in  it  as  is 
here  set  forth?  It  will  never  be  done,  sir.  And  I  do  not  hesitate  to  say, 
that  there  are  not  two  thousand  voters  in  the  State  of  Kansas  who  will 
sanction  such  a  Constitution.  There  is  a  very  worthy  and  distinguished 
gentleman  in  the  State  of  Massachusetts,  a  leader  in  the  anti-slavery  party, 
William  Lloyd  Garrison  by  name,  who,  in  making  a  speech  a  few  months 
since  declared  that  the  proposition  that  the  Constitution  of  the  United 
States  did  not  authorize  the  fugitive  slave  law  was  a  sheer  absurdity ;  that 
the  Constitution  of  the  United  States  was  a  pro-slavery  instrument,  and  the 


Monday,  July  18,  1859.  285 

fugitive  slave  law  was  enacted  in  strict  accordance  therewith.  He  de- 
clared also,  that  if  the  country  desired  to  abrogate  that  law  they  must  also 
abrogate  the  Constitution  of  the  United  States.  But,  sir,  on  the  other 
hand,  I  might  quote  the  authority  of  Daniel  Webster,  and  all  the  great 
minds  of  the  country,  who  have  considered  and  published  their  opinions 
upon  this  question,  to  show  that  the  fugitive  slave  law  was  enacted  in 
strict  accordance  with  the  Constitution  of  the  United  States.  And,  there- 
fore, I  desire  to  warn  gentlemen,  that  we  are  not  here  for  the  purpose  of 
laying  down  Republican  and  Abolition  platforms,  but  for  the  purpose  of 
framing  a  Constitution  for  the  State  of  Kansas,  in  accordance  with  the 
Constitution  and  laws  of  the  United  States,  and  that  when  these  gentlemen 
would  go  further,  and  seek  to  affirm  their  fanatical  doctrines  in  this  instru- 
ment, they  make  it  impossible  for  our  labors  to  be  of  any  avail  here. 

Mr.  Thacher.  Mr.  President,  I  am  gratified  that  we  have  an  Abolition- 
ist brought  to  stand  on  the  same  platform  with  the  Democratic  party — both 
holding  pro-slavery  doctrines — whilst  the  Republican  party  still  adhere  to 
the  original  freedom-loving  doctrines. 

Mr.  WiNCHELL.  Mr.  President,  I  never  stood  upon  the  platform  which 
I  understand  to  be  occupied  by  the  distinguished  gentleman  of  Massa- 
chusetts to  whom  the  gentleman  has  alluded.  And  I  desire,  for  it  seems  to 
be  necessary  here,  to  state,  that  any  person  who  attempts  to  define  the 
position  of  the  Republican  party  before  this  country  as  being  identical 
with  that  of  the  Abolitionists  of  Massachusetts,  must  place  himself  in  the 
position  of  a  person  willfully  deceiving  the  public  mind,  or  of  one  totally 
wanting  in  information  of  the  matter — and  in  either  case  it  is  certain  that 
the  gentleman  ought  to  be  caut'ous  in  regard  to  his  statements.  One  word 
in  regard  to  the  charge  of  hostility  to  the  fugitive  slave  law.  I  am  one  of 
those  who  believe  that  the  fugitive  slave  law  is  utterly  and  entirely  with- 
out warrant  in  the  Constitution  of  the  United  States:  that  it  is  subversive 
of  the  rights  of  citizens  and  subversive  of  the  State  rights,  which  are  guar- 
anteed in  the  Constitution  of  the  United  States.  I  believe,  also,  that  it  is 
imperatively  demanded  of  every  State,  in  forming  their  organic  law,  that 
they  should  take  care  that  their  rights  shall  be  respected,  in  order  that  their 
constitutions  may  be  in  conformity  with  the  Constitution  of  the  United 
States;  and  that  for  them  to  neglect  this  would  be  a  violation  of  the  Con- 
[*192]  stitution  of  the  United  States — *and  that  so  far  from  such  pro- 
visions in  a  State  constitution  being  objectionable,  I  believe  the  omission  of 
them,  rather,  should  be  taken  as  an  exception  to  its  reception  by  the 
general  government. 

Mr.  Wrigley  demanded  the  yeas  and  nays  upon  the  amendment  of  Mr. 
Kingman  to  the  substitute,  and  being  ordered  and  taken  the  vote  stood — 
yeas  42,  nays  6 — as  follows: 

Yeas — Messrs.  Arthur,  Blunt,  Barton,  Burris,  N.  C.  B^ood,  Crocker, 
Dutton,  Foster,  Forman,  Graham,  Greer,  Griffith,  Hinnle,  Hubbard.  Han- 
way.  Hoffman,  Tngalls.  Kinsrman,  Li'lie,  J.  Lamb,  Middleton,  E.  Moore, 
McDowell,  McCune,  McClelland,  McCulloueh,  Preston,  Palmer,  Parks, 
Porter,  Poss,  Signor,  Slouch,  Stinson,  Stiarwalt,  Simpson,  Thacher,  Town- 
send,  J.  Wright,  Wrigley,  T.  S.  Wright,  Williams— 42. 

Nays — Messrs.  Burnett,  Hutchinson,  Houston,  Ritchie,  Stokes,  Mr. 
President — 6. 

So  the  substitute  for  Mr.  Winchell's  substitute  was  adopted;  and  the 
.section  as  amended  was  adopted. 

Section  2d  was  then  read.    It  is  as  follows: 


286  Convention  Proceedings  and  Debates. 

"Sec.  2.  All  political  power  is  inherent  in  the  People,  and  all  free  gov- 
ernments are  founded  on  their  authority,  and  are  instituted  for  their  equal 
protection  and  benefit.  No  special  privileges  or  immunities  shall  ever  be 
granted  by  the  General  Assembly  which  may  not  be  altered,  revoked  or 
repealed  by  a  two-thirds  vote  of  the  same  body,  and  this  power  shall  be 
exercised  by  no  other  tribunal  or  agency." 

^^r.  BuRRis.  Mr.  President,  I  move  to  amend  section  2d  by  striking  out, 
in  the  37th  hne,  the  words  "a  two-thirds  vote  of."  I  would  state  that  my 
object  in  making  this  amendment  is  to  provide  that  there  shall  be  no 
special  privilege  granted  to  any  individual  or  body  politic  and  corporate, 
but  what  may  be  repealed  as  other  laws  by  a  majority  vote  of  the  two 
Houses. 

Mr.  Kingman.    I  second  the  motion. 

The  amendment  was  agreed  to  and  so  the  section  was  passed. 

Section  3  was  then  read,  as  follows: 

"Sec.  3.  The  people  have  the  ri"-ht  to  assembV.  in  a  peaceable  manner, 
to  consult  for  their  common  good,  to  instruct  their  Representatives  and  to 
petition  the  General  Assembly  for  the  redress  of  grievances." 

Mr.  Hoffman.  Mr.  President,  I  move  to  amend  by  striking  out  the 
word  "Legislature"  in  the  40th  hne  and  inserting  instead  the  words  "Gov- 
ernment, or  any  department  thereof." 

The  amendment  was  adopted,  and  the  section  as  amended  was  passed. 

Section  4  was  read  and  adopted,  viz: 

"Sec.  4.  The  people  have  the  ridit  to  bear  arms  in  their  defence  and 
security,  but  standing  armies,  in  time  of  peace,  are  dangerous  to  liberty, 
and  shaH  not  be  tolerated,  and  the  military  shall  be  in  strict  subordina- 
tion to  the  civil  power." 

Section  5  was  read,  as  follows: 

"Sec.  5.  The  risht  of  trial  by  Jury  shall  be  inviolate,  and  extend  to 
persons  of  every  condition;  but  a  jury  trial  may  be  waived  by  the  parties 
in  all  cases,  in  the  manner  prescribed  by  law." 

Mr.  McDowell  moved  to  strike  out  the  words  "and  extend  to  persons 
of  every  condition." 

Mr.  Thacher.  Mr.  President,  I  hope  the  Convention  wiU  not  strike 
out  these  words.  It  is  eminently  ri-^ht  and  proper,  in  the  Bill  of  Pidits, 
to  guarantee  the  right  of  trial  by  jury  to  every  person,  under  all  circum- 
stances and  in  every  condition  of  life — and  this  is  such  a  guarantee  as,  I 
think,  every  man  in  Kansas  will  respect. 

Mr.  Stinson  demanded  the  yeas  and  nays  on  the  amendment,  and  they 
were  ordered,  and  being  taken,  resulted — yeas  14,  nays  33 — as  follows: 

Yfas — ]\Iessrs.  Barton,  Foster,  Hubbard,  Hippie,  Moore,  McDowell, 
McCune,  McClelland,  Parks,  Slough,  Stinson,  Stiarwalt,  J.  Wright,  Wrig- 
ley— 14. 

Nays — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Dutton,  Graham,  Greer,  Griffith,  Hutchinson.  Hanway,  Hoffman, 
Houston,  Ingalls,  Kingman,  Lillie,  Lamb,  Middleton,  McCullough,  Preston, 
Porter,  Ritchie,  Ross,  Stokes,  Sienor,  Simpson,  Thacher,  Townsend, 
Wright,  T.  S.  Williams,  Mr.  President— 33. 
[*193]     *Section  6  was  read.    It  is  as  follows: 

"Sec.  6.  There  shall  be  no  slavery  in  this  State,  and  no  involuntary 
ser\itude,  unless  for  the  punishment  of  crime,  whereof  the  parties  shall 
have  been  duly  convicted." 


Monday,  July  18,  1859.  2S7 

Mr.  Thacher  demanded  the  yeas  and  nays,  and  the  same  being  ordered 
and  taken,  the  vote  stood — yeas  46,  nays  1,  as  follows: 

Ayes — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  Barton,  N.  C. 
B'ood,  Crocker,  Button,  Foster,  Graham,  Greer,  Griffith,  Hippie,  Hubbard, 
Hutchinson,  Hanway,  Hoffman,  Houston,  Ingalls,  Kinsman,  Lillie,  Lamb, 
Middleton,  Moore,  AIcDowell,  McCune,  McClelland,  McCullough,  Preston, 
Palmer,  Parks,  Porter,  Ritchie,  Ross,  Signor,  S'.ough,  Stinson,  Stiarwalt, 
Stokes,  Simpson,  Thacher,  Townsend,  T.  S.  Wright,  Wrigley,  J.  Wright, 
Williams,  Mr.  President — 48. 

Nays — Mr.  Forman — 1. 

So  the  section  was  adopted. 

Section  7  was  read,  as  follows: 

"Sec.  7.  The  right  of  every  man  to  worship  God  according  to  the  dic- 
tates of  his  own  conscience  shall  never  be  infringed,  nor  shall  any  man 
be  compelled  to  attend,  erect  or  support  any  place  of  worship,  or  to 
maintain  any  form  of  worship  against  his  consent,  nor  shall  any  control  of, 
or  interference  with  the  rights  of  conscience  be  permitted,  or  any  prefer- 
ence be  given  by  law  to  any  religious  establishment  or  mode  of  worship. 
No  reli  ious  test  or  amount  of  property  shall  ever  be  required  as  a 
qualification  for  any  office  of  public  trust  under  the  state,  nor  shall  any 
religious  test  or  amount  of  property  ever  be  required  as  a  qualification 
of  any  voter  at  any  election  in  this  State,  nor  shall  any  person  be  incom- 
petent to  be  a  witness  on  account  of  religious  belief,  but  nothing  herein 
contained  shall  be  so  construed  as  to  dispense  with  oaths  or  affirmations. 
The  liberty  of  conscience  hereby  secured  shall  not  be  so  construed  as  to 
excuse  acts  of  licentiousness  or  to  justify  practices  inconsistent  with  the 
peace  or  safety  of  the  State;  nor  shall  any  money  be  drawn  from  the 
Treasury  for  the  benefit  of  any  sect,  society  or  institution." 

Mr.  Lamb  offered  the  following: 

In  the  fiftieth  and  fifty-first  line,  where  the  word  "man"  occurs,  let 
it  be  altered  to  read  "person;"  and  where  the  word  "his"  occurs,  let  it 
be  altered  to  read  "their." 

Mr.  Lamb.  Mr.  President,  here  is  a  privilege  granted  to  men  to  wor- 
ship God  according  to  the  dictates  of  their  consciences,  while  women  are 
left  out  of  the  question. 

The  amendment  was  agreed  to. 

Mr.  Thacher  moved  to  strike  out  the  words,  "shall  any  religious  test 
or  amount  of  property  ever  be  required  as  a  qualification." 

The  amendment  was  agreed  to;  and  so  the  section  was  adopted. 

Section  8  was  read  as  follows : 

"Sec.  8.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  in  case  of  invasion  or  rebellion  the  public  safety  requires  it; 
and  said  writ  shall  be  granted,  as  of  right,  in  all  cases  where  the  Legis- 
lature shall  not  specially  confer  discretion  upon  the  court ;  but  the  Legisla- 
ture may  prescribe  preliminary  proceedings  to  the  obtaining  of  said  writ." 

Mr.  Wrigley  offered  as  an  amendment:  "Strike  out  all  after  the  word 
'it,'  in  the  sixty-fifth  line,  at  the  semicolon;  so  as  to  leave  it  as  in  the 
Ohio  Constitution." 

Mr.  Stinson  proposed  to  strike  out  "privilege,"  and  insert  "right." 
These  amendments  were  agreed  to;  and  the  section  as  amended  was 
adopted. 


288  Convention  Proceedings  and  Debates. 

Section  9  was  read,  as  follows: 

"Sec.  9.  All  persons  shall  be  bailable  by  sufficient  sureties,  except  for 
capital  offences  where  proof  is  evident  or  the  presumption  great.  E.xcessive 
bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor  cruel  or  un- 
usual punishment  inflicted." 

Mr.  Thacher.  I  w'ould  suggest,  that  the  word  "nor"'  should  be  in- 
serted instead  of  "or,"  in  the  last  line,  between  the  words  "cruel"  and 
"unusual." 

[*194]     *The  amendment  was  agreed  to,  and  so  the  section  passed. 

Section  10  was  read  and  passed  without  amendment.    It  is  as  follows; 

"Sec.  10.  In  any  trial,  in  any  Court,  the  accused  shall  be  allowed  to 
appear  and  defend  in  person,  or  by  counsel;  to  demand  the  nature  and 
cause  of  the  accusation  against  him;  to  meet  the  witness  face  to  face,  and 
to  have  compulsory  process  to  procure  the  attendance  of  witnesses  in  his 
behalf,  and  a  speedy  public  trial  by  an  impartial  jury  of  the  county  or 
district  in  which  the  offence  is  alleged  to  have  been  committed;  nor  shall 
any  person  in  a  criminal  cause  be  a  witness  against  hunself,  or  be  twice 
put  in  jeopardy  for  the  same  offence." 

Section  11  was  read,  as  follows: 

"Sec.  11.  The  liberty  of  the  press  shall  forever  be  inviolate,  and  all 
persons  may  freely  speak,  write  or  publish  their  sentiments  on  all  subjects, 
being  responsible  for  the  abuse  of  such  right." 

Mr.  Ingalls  offered  the  following  amendment: 

At  the  close  of  the  section  add  the  following  words:  "And  in  all  actions 
for  libel  the  truth  may  be  given  in  evidence  to  the  jury,  and  if  it  shall 
appear  to  the  jury  that  the  alleged  hbelous  matter  is  true  and  was  pub- 
lished for  justifiable  ends,  the  accused  party  shall  be  discharged  or  ac- 
quitted." 

The  amendment  was  adopted,  and  the  section  as  amended  passed. 

Section  12  being  read,  on  motion  of  Mr.  Hutchinson  it  was  rejected,  a^ 
matter  superseded  in  another  chapter  of  these  proceedings. 

Mr.  Stinson  offered  the  following,  to  come  in  for  the  12th  section: 

"Nothing  herein  contained  shall  be  construed  to  interfere  with  or 
hinder  the  execution  of  the  fugitive  slave  law,  or  any  of  the  laws  of  the 
United  States  in  the  State  of  Kansas." 

Mr.  Burnett  moved  to  lay  the  amendment  on  the  table,  and  the  yeas 
and  nays  being  demanded  and  taken  thereon,  resulted — yeas  32,  nays  16 — 
as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  J.  Blood,  Burris,  Crocker, 
Button,  Graham,  Griffith,  Hanway,  Hutchinson,  ?Ioffman,  Houston,  In- 
galls, Kingman,  Lillie,  Lamb,  Middleton,  McCullough,  Preston,  Palmer, 
Porter,  Ritchie,  Ross,  Signor,  Stokes,  Simpson,  Thacher,  Townsend,  T.  S. 
Wright,  Williams,  Mr.  President— 32. 

Nays — Messrs.  Barton,  Foster,  Forman,  Greer,  Hippie,  Hubbard, 
Moore,  McDowell,  McCune,  McClelland,  Parks,  Slough,  Stinson,  Stiar- 
walt,  J.  Wright,  Wrigley — 16. 

So  the  amendment  was  laid  on  the  table. 

Mr.  J.  Blood  offered  the  following  matter,  to  take  the  place  of  the  12th 
section: 

"Every  person  is  entitled  to  a  certain  remedy  in  the  laws  for  all  in- 


Monday,  July  18,  1859.  289 

juries  or  wrongs  which  he  may  receive  in  his  person,  property,  or  char- 
acter; he  ought  to  obtain  justice  freely,  and  without  being  obliged  to  pur- 
chase it ;  completely  and  without  denial,  promptly  and  without  delay,  con- 
formably to  the  laws." 

On  the  motion  of  Mr.  Stinson,  it  was  laid  on  the  table. 

Section  13  being  now  made  section  12,  was  read,  as  follows: 

"Sec.  12.  No  person  shall  be  transported  out  of  the  State  for  any 
offence  committed  within  the  same,  and  no  conviction  in  this  State  shall 
work  a  corruption  of  blood  or  forfeiture  of  estate;  nor  shall  any  person  be 
hable  to  be  conveyed  out  of  this  State  for  trial  in  any  case  where  the 
offence  was  committed  within  the  same,  and  no  indenture  of  any  persons, 
made  and  executed  out  of  the  bounds  of  the  State,  shall  be  valid  witliin 
the  State  if  inconsistent  with  the  laws  thereof." 

Mr.  BuRRis  moved  to  strike  out  all  after  the  word  "same"  in  the  eighty- 
fourth  Une;  which  was  carried,  and  as  thus  amended,  the  section  passed. 

Sections  13  and  14  were  read  and  passed,  viz: 

"Sec.  13.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  adhering  to  its  enemies,  or  giving  them  aid  and  comfort.  No 
[*195]  *person  shall  be  convicted  of  treason  unless  on  the  evidence  of 
two  witnesses  to  the  overt  act,  or  confession  in  open  court. 

"Sec.  14.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house, 
without  the  consent  of  the  owner,  nor  in  time  of  w^ar  except  in  a  manner 
prescribed  by  law." 

Section  15  was  read  and  passed,  viz: 

"Sec.  15.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  estates,  &c.,  against  unreasonable  searches  and  seizures,  shall  be 
inviolate;  and  no  warrant  shall  issue  but  upon  probable  cause,  supported 
by  oath  or  affirmation,  particularly  describing  the  place  to  be  searched  and 
the  persons  and  things  to  be  seized." 

Section  16  was  read,  as  follows: 

"Sec.  16.  No  person  shall  be  imprisoned  for  debt  in  any  civil  action  or 
mesne,  or  final  process,  except  in  cases  of  fraud,  and  no  person  shall  be  im- 
prisoned for  a  militia  fine  in  time  of  peace." 

Mr.  Slough.  Mr.  President,  I  propose  to  strike  out  these  words: 
"And  no  person  shall  be  imprisoned  for  a  militia  fine  in  time  of  peace." 

Mr.  Hutchinson.  T  hope  that  will  not  be  stricken  out,  unless  it  is  go- 
ing to  be  made  to  apply  to  us  as  though  we  were  in  favor  of  imprisonment 
for  debt.  I  think  there  is  to  be  a  provision  for  excusing  persons  having 
conscientious  scruples,  by  paying  a  money  equivalent;  and  these  words  are 
intended  to  apply  to  such  cases. 

Mr.  Slough's  amendment  was  laid  on  the  table — affirmative  23,  nega- 
tive 9. 

Mr.  Foster  made  an  ineffectual  motion  to  strike  out  the  words,  "except 
ih  case  of  fraud:"  and  then  the  section  was  passed. 

Section  17  was  read,  \'iz: 

"Sec.  17.  Foreigners  who  are,  or  may  become  hereafter,  bona  fide  resi- 
dents of  this  State,  shall  enjoy  the  same  rights  in  respect  to  the  possession. 
enjo>Tnent  and  inheritance  of  property,  as  native  born  citizens." 

Mr.  Ingalls  offered  as  a  substitute  for  section  17,  the  following: 

"Aliens  may  inherit,  purchase,  hold  and  convey  real  estate." 

19 — 778 


290  Convention  Proceedings  and  Debates. 

Mr.  Hoffman  submitted  the  following  substitute  for  the  substitute: 
"No  distinction  shall  ever  be  made  by  law  between  resident  aliens  and 
citizens  in  reference  to  the  possession,  enjoyment,  or  descent  of  property." 
Mr.  Hoffman's  substitute  was  adopted,  and  so  the  section  passed. 
Section  18  was  read  and  passed,  viz: 

"Sec.  18.  All  courts  shall  be  open,  and  every  person,  for  an  injury 
done  him  in  lands,  goods,  person  or  reputation,  shall  have  remedy  by  due 
course  of  law,  and  justice  administered  without  denial  or  delay." 

Section  19  was  read,  viz: 

"Sec.  19.  No  hereditary  emoluments,  honors  or  privileges  shall  ever 
be  granted  or  conferred  by  this  State,  nor  shall  there  be  any  constitutional 
distinctions  on  account  of  sect  or  sex." 

Mr.  Stinson  moved  to  strike  out  all  after  the  word  "state,"  which  was 
carried,  and  the  section  as  amended  passed. 

Section  20  was  read,  viz: 

"Sec.  20.  Private  property  shall  be  held  inviolate,  but  subservient  to 
the  public  welfare.  When  taken  in  time  of  war,  or  other  public  exigencies 
imperatively  requiring  its  immediate  seizure,  or  for  the  purpose  of  making 
or  repairing  roads  which  shall  be  open  without  charge,  a  just  compensa- 
tion shall  be  made  to  the  owners  of  the  property  in  money;  and  in  all 
other  cases  where  private  property  shall  be  taken  for  pubhc  uses,  a  com- 
pensation therefor  shall  first  be  made  in  money,  or  first  secured  by  de- 
positing money,  and  such  compensation  shall  be  estimated  by  a  jury, 
without  deduction  or  benefit  to  any  property  of  the  owner." 
[*196]  Mr.  Stinson.  I  would  ask  if  this  matter  is  *not  embraced  in 
the  report  of  the  committee  on  corporations? 

Mr.  Kingman.    Only  as  it  relates  to  railroads. 

Mr.  Thacher.  "Or,"  should  be  "for,"  in  the  last  line.  This  section  is 
covered  by  the  article  on  corporations,  so  far  as  assessments  of  damages 
for  the  right  of  way  are  concerned. 

The  section  was  passed. 

Section  21  was  read,  viz: 

"Sec.  21.  No  citizen  of  this  State  shall  be  held  to  appear  before  the 
Supreme  Court  of  the  United  States  on  an  appeal  from  the  Supreme  Court 
of  this  State,  but  when  appeals  are  taken  on  questions  of  inter-State  law, 
they  shall  only  be  through  or  from  the  District  Courts  of  the  United 
States." 

Mr.  McDowell.  Mr.  President,  it  does  seem  to  me  that  this  section  is 
rather  absurd,  and  I  move  to  strike  it  out.  I  believe  the  Supreme  Court 
of  the  United  States  has  no  jurisdiction  to  authorize  a  citizen  of  Kansas 
to  take  up  his  case.  The  mode  of  appeal  is  pointed  out  by  act  of  Con- 
gress. The  District  Court  of  the  United  States  and  the  Circuit  Court  of 
the  United  States  are  the  preliminary  Courts. 

The  motion  to  strike  out  was  agreed  to,  and  so  the  section  was  rejected. 

Mr.  Hoffman  submitted  the  following,  to  come  in  in  the  place  of  sec- 
tion 21: 

"No  bill  of  attainder,  ex  post  facto  law,  nor  any  law  impairing  the 
obligation  of  contracts,  shall  ever  be  passed." 

Mr.  Slough.    The  Constitution  of  the  United  States  provides  for  that. 

On  motion  by  Mr.  Stinson,  it  was  laid  on  the  table. 


Monday,  July  18,  1859.  291 

Section  22  was  read  and  adopted,  viz: 

"Sec.  22.  This  enumeration  of  rights  shall  not  be  construed  to  impair 
or  deny  others  retained  by  the  people,  and  all  powers  not  herein  delegated 
remain  with  the  people." 

And  so  the  report  of  the  committee  on  Preamble  and  Bill  of  Rights  was 
passed  [byj  the  Convention. 

On  motion  by  Mr.  SLorcH,  the  report  was  then  referred  to  the  com- 
mittee on  Arrangement  and  Phraseology,  and  ordered  to  be  printed. 
The  Convention  then  took  a  recess  till  3  o'clock,  p.  m. 


AFTERNOON  SESSION. 
The  President  called  the  Convention  to  order  at  2  o'clock. 

SCHEDULE. 

Mr.  Th.\cher.  ]\Ir.  President,  I  believe  the  special  order  is  the  con- 
sideration of  the  Schedule,  and  as  it  is  so  entirely  incomplete  with  respect 
to  the  submission  of  the  Constitution,  elections,  &c.,  and  as  it  should  be 
kept  back,  for  the  manifest  purpose  of  gathering  up  everything  at  the 
close,  I  move  to  recommit  it  to  the  Committee  on  Schedule.  I  understand 
they  reported  under  the  stringency  of  the  rule  compelling  standing  com- 
mittees to  report  by  Friday  morning.  There  is  a  large  amount  of  matter 
to  go  in  it,  and  if  it  is  not  recommitted,  we  will  have  to  keep  reconsider- 
ing it. 

Mr.  McDow^ELL.  Mr.  President,  I  would  state  that  I  understand  the 
provisions  are  ready  and  the  sections  are  prepared.  As  for  anything  that 
may  have  been  overlooked  by  the  committee  on  their  reports — 1  think  we 
are  as  well  prepared  to  go  on  and  perfect  it  now  as  we  may  be  again. 

The  President.  By  what  authority  does  the  gentleman  state  that  the 
sections  are  prepared? 

Mr.  McDowell.  I  know  of  certain  sections  being  written  containing 
what  the  gentleman  speaks  of. 

The  President.  The  Chair  would  state  that  the  report  of  the  com- 
mittee on  Schedule  is  usually  the  last  one  taken  under  consideration.  Pro- 
visions which  are  to  put  the  Constitution  in  force  are  added  in  this  report. 

[*197]     *The  precedents  are  all  in  that  direction. 

Mr.  Greer.  I  understand  the  Schedule  has  been  before  this  body,  and 
every  section  has  been  adopted  but  one;  that  was  laid  over  as  the  regular 
business  for  this  morning,  and  as  it  is  now  regularly  before  us,  I  would 
ins.st  upon  the  Schedule  being  acted  on  as  far  as  it  is  printed. 

The  President.  It  is  impossible  for  gentlemen  to  insist.  The  Con- 
vention will  take  such  action  as  they  see  fit. 

Upon  a  division  the  Secretary  reported — affirmative  19,  negative  19. 

The  President.    The  report  is  referred  back  to  the  Chairman. 

Mr.  Slough.  Mr.  President,  I  am  satisfied  there  are  more  than  thirty- 
eight  members  present,  and  if  not  too  late,  1  would  hke  to  call  for  the  yeas 
and  nays. 

The  President.    It  is  too  late. 

Mr.  Slough.  Then  I  move  that  the  committee  be  discharged  from  the 
further  consideration  of  the  report  on  the  Schedule. 


292  Convention  Proceedings  and  Debates. 

The  President.    I  believe  the  motion  is  not  in  order. 

Mr.  Slough.  I  appeal  from  the  decision  of  the  Chair,  and  call  for  the 
yeas  and  nays  on  the  appeal. 

The  President.  The  Chair  decides  the  motion  not  in  order,  for  the 
reason  that  it  is  similar  to  a  question  which  has  already  been  decided. 

The  question,  "Shall  the  decision  of  the  Chair  stand  as  the  judgment  of 
the  House?"  being  .taken  by  the  yeas  and  nays,  resulted — yeas  30,  nays  16 
— as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Dutton,  Graham,  Griffith,  Hutchinson,  Hanway,  Hoffman,  Hous- 
ton, Ingalls,  Kingman,  Lillie,  Lamb,  Middleton,  McCullough,  Palmer,  Pres- 
ton, Ritchie,  Ross,  Signor,  Stokes,  Simpson,  Thacher,  Townsend,  Williams 
—30. 

Nays — Messrs.  Barton,  Foster,  Forman,  Greer,  Hippie,  Hubbard,  Moore, 
McDowell,  McCune,  Parks,  Porter,  Slough,  Stiarwalt,  Stinson,  J.  Wright, 
Wrigley — 16. 

So  the  decision  of  the  Chair  was  sustained. 

elections  and  suffrage. 

Mr.  Blunt.    Mr.  President,  I  move  that  the  Convention  go  into  a  com- 
mittee of  the  whole  on  the  report  of  the  committee  on  Elections. 
The  motion  was  agreed  to. 

The  Convention  accordingly  resolved  itself  into  committee  of  the  whole 
— Mr.  Simpson  in  the  Chair — and  took  up  the  consideration  of  the  article 
reported  from  the  committee  on  the  elective  franchise. 

On  motion  the  report  was  read  section  by  section. 

Section  1  was  read  and  adopted,  viz: 

"Sec.  1.  All  elections  by  the  people  shall  be  by  ballot,  and  all  elections 
by  the  Legislature  shall  be  viva  voce." 

Sec.  2  was  read,  viz: 

"Sec.  2.  The  general  elections  shall  be  held  annually  on  the  first  Tues- 
day in  October,  except  township  and  municipal  elections,  which  shall  be 
held  on  the  first  Tuesday  in  April  annually — until  otherwise  provided  by 
law." 

Mr.  J.  Blood.  Mr.  Chairman,  I  move  to  amend  by  striking  out  the 
word  "first"  where  it  first  occurs.  Also  by  striking  out  the  words  "in 
October,"  and  inserting  in  lieu  thereof  the  words  "succeeding  the  first  Mon- 
day of  November,"  so  that  it  shall  read,  "The  general  elections  shall  be 
held  annually  on  the  Tuesday  succeeding  the  first  Monday  of  November," 
&c.  The  election  for  President  and  Vice  President  comes  on  that  day  in 
all  the  States;  and  once  in  four  years,  at  least,  if  the  section  remains  as 
it  is  in  the  report  of  the  committee,  we  will  be  at  the  expense  of  one  elec- 
tion more  than  if  my  amendment  were  adopted. 

Mr.  Slough.  Mr.  President,  I  hope  the  original  section  as  in  this  report 
will  remain  undisturbed.  I  cannot  see  any  good  reasons  for  the  amend- 
ment the  gentleman  from  Douslas  (Mr.  Blood)  has  submitted,  but  I  can 
[*198]  see  many  reasons  why  it  should  not  be  adopted.  *The  time 
designated  is  in  the  winter,  when  the  weather  is  usually  severe  and  un- 
pleasant for  men  to  attend  the  polls;  and  the  days  are  so  short  that  part 
of  the  balloting  would  have  to  be  done  in  the  night.  Another  objection  is 
in  the  fact  that  it  fixes  our  State  and  County  elections  upon  the  day  of  the 
Presidential  election.    All  who  have  been  observers  know  that  where  elec- 


Monday,  July  18,  1859.  293 

tions  of  this  character  are  closely  connected,  men  are  wiUing  to  sell  the 
President  for  a  candidate  for  some  county  office.  I  think  that  the  Presi- 
dential election,  being  a  general  one,  fixed  by  the  United  States  law,  should 
be  distinct — and  no  other  election  should  be  held  on  that  day.  I  have  seen 
a  canchdate  for  sheriff  defeat  a  candidate  for  Governor.  Weller,  of  CaU- 
fornia,  was  defeated  by  less  than  three  hundred  votes,  and  these  were  taken 
from  liim  in  a  contest  for  sheriff  in  one  county.  I  apprehend  similar  cir- 
cumstances might  occur  again.  For  that  reason  I  oppose  the  amendment. 
Mr.  BuRRis.  Mr.  President,  I  would  offer  an  amendment  to  the  amend- 
ment by  striking  out,  so  that  the  section  would  read:  "Sec.  2.  The  gen- 
eral elections  shall  be  held  annually  on  the  first  Tuesday  in  October,  until 
otherwse  provided  by  law."  My  mgtion  is  to  strike  out  all  in  the  original 
section  between  the  words  "October"  and  "until."  I  do  not  see  any 
necessity  for  having  township  elections  in  the  spring.  I  agree  with  the 
gentleman  from  Leavenworth  (Mr.  Slough)  it  would  be  improper  to  fix  the 
day  for  our  State  elections  on  the  same  day  with  that  fixed  by  the  Congress 
of  the  United  States  for  the  Presidential  election.  I  do  not  believe  State 
elections  and  Presidential  elections  should  come  upon  the  same  day;  but  it 
does  seem  to  me  that  all  elections  for  State  officers  should  be  held  upon 
the  same  day  with  our  local  elections.  It  would  lessen  the  expense,  and 
we  would  have  but  one  a  year.  We  could  vote  for  all  just  as  well  on  the 
same  day  as  to  have  two  elections.  October  would  be  as  suitable  a  time  as 
they  could  select.  I  prefer  that  month  to  any  other.  I  can  see  no  necessity 
for  having  two  elections  the  same  year — as  we  would  have  according  to  the 
report  of  the  committee. 

Mr.  Sloitgh.  Mr.  President,  I  hope  the  amendment  will  not  prevail.  It 
will  be  observed,  by  looking  at  the  section,  that  the  elections  are  to  be  just 
six  months  apart  and  at  suitable  seasons  of  the  year.  As  we  have  just 
begun  the  work  of  breaking  down  the  barriers  of  distinction  between  towns 
and  municipalities,  it  does  seem  to  me  that  their  elections  ought  to  be  put 
upon  the  same  footing.  The  contest  for  a  township  trusteeship  might 
affect  the  same  question  of  principle  involved  in  the  general  election. 

Mr.  BuRRis.    I  withdraw  my  amendment. 

Mr.  PfiEsroENT  WixcHELL.  Mr.  Chairman,  it  may  be,  sir,  that  I  am 
partial  to  the  plan  suggested  by  the  amendment,  from  the  fact  that  I  have 
always  been  accustomed  to  see  its  effects.  In  the  State  of  New  York  our 
State  elections  recurred  on  the  day  of  the  Presidential  elections;  and  our 
township  elections  occurred  in  the  spring  of  the  year.  The  reasons,  as  I 
have  always  understood  them,  were  these:  That  it  was  a  sa\nng  of  expense 
to  the  people,  for  the  State  and  general  election  to  be  on  the  same  day; 
and  as  far  as  the  township  elections  were  concerned  it  was  considered  best 
to  keep  them  separate,  and  that  the  spring  was  a  more  appropriate  time 
for  the  reorganization  of  township  arrangements  than  fall.  I  don't  know 
that  I  ever  saw  any  local  effects  but  what  have  given  satisfaction  to  the 
people  there.  If  we  can  so  arrange  our  elections  in  Kansas,  where  the 
people  have  been  worried  out  by  election  after  election,  without  unneces- 
sary expense,  it  seems  to  me  we  ought  to  do  so. 

Mr.  Thacher.  Gentlemen  of  the  committee,  we  ought  to  consider  verj' 
seriously  the  matter  of  expense  connected  with  our  elections.  In  October 
you  have  one,  and  in  three  weeks  after  you  have  another.  November  is 
[*199]  that  season  of  the  year  when  farmers  are  *most  through  with  their 
labors — the  fall  work  is  closed  up  and  the  wdnter  work  not  set  in — and 
farmers  are  at  hberty.  The  cold  weather  has  come  on  and  driven  the 
malaria  from  the  land,  so  that  there  are  more  well  persons  than  a  month 


294  Convention  Proceedings  and  Debates. 

earlier.  I  think  the  amendment  a  good  one,  indeed.  In  those  States 
where  they  have  two  elections  a  year  it  is  a  well  known  fact  they  don't  get 
out  the  same  vote  at  the  Spring  election  that  they  do  at  the  general  elec- 
tion.   And  then  you  save  expense  by  having  but  one  election  a  year. 

Mr.  Burnett.  Mr.  Chairman,  it  is  sickly  in  the  month  of  October.  I 
have  been  prevented,  myself,  from  going  to  elections,  on  that  account, 
while  in  November  the  people,  as  a  general  thins:,  have  become  convales- 
cent, and  would  attend  the  election  in  larger  numbers  than  though  it  oc- 
curred a  month  earlier.  I  hope  these  considerations  will  be  weighed  by  the 
gentlemen. 

Mr.  Stiarwalt.  Mr.  Chairman,  my  opinion  is  that  I  shall  vote  against 
the  amendment,  from  very  custom,  if  nothing  else.  I  have  always  seen 
these  elections  separate,  and  I  believe  it  to  be  a  good  plan.  As  has  been 
justly  observed,  men  vote  nigher  their  sentiments  by  having  the  two 
elections  entirely  distinct.  The  fall  season  of  the  year  is  the  time  for  the 
State  election,  and  October  is  the  more  leisure  time.  I  have  experience  as 
a  farmer,  and  know  it  is  the  most  comfortable  time  to  go  to  election. 
Every  four  years  the  Presidential  election  comes,  and  it  is  only  the  in- 
crease of  one  election  every  four  years.  I  think  the  other  States,  most  of 
them,  find  no  fault  with  their  election  times.  And  then  when  there  are  so 
many  of  these  officers  to  be  voted  for  together,  it  is  difficult  to  keep  up 
the  iDOoks.  I  have  seen  precincts  where  they  have  voted  till  midnight.  I 
shall  vote  aganist  the  amendment. 

The  amendment  was  adopted  upon  a  division. 

Mr.  J.  Blood.  Mr.  Chairman,  I  wish  to  strike  out  the  words  "and 
municipal."  I  propose  to  strike  out  these  words  for  this  reason  principally: 
some  municipal  governments  are  already  organized  in  our  State  under 
charters  that  provide  for  their  elections  on  another  day — the  first  Mon- 
day in  May;  and  that  no  clash  may  be  had  I  propose  these  words  shall 
be  stricken  out. 

Mr.  Slough.  I  apprehend  all  corporations,  as  a  general  thing,  will 
have  to  come  in  under  the  general  law.  It  seems  to  me  that  is  no  argu- 
ment at  all. 

The  amendment  was  adopted  on  a  division. 
And  then  the  section  as  amended  was  adopted. 
Section  1st,  under  the  head  of  suffrage,  was  read,  viz: 
"Section   1.     Every  white  male  person  of  twenty-one  years  and  up- 
wards belonging  to  either  of  the  following  classes — who  shall  have  resided 
in  Kansas  six  months  next  preceding  any  election,  and  in  the  township 
or  ward  in  which  he  offers  to  vote  at  least  ten  days  preceding  such  elec- 
tion, shall  be  deemed  a  quahfied  elector  at  such  election. 

1st.  Citizens  of  the  United  States;  2d,  persons  of  foreign  birth  who 
shall  have  declared  their  intention  to  become  citizens  conformably  to  the 
laws  of  the  United  States  on  the  subject  of  naturalization,  and  shall  have 
resided  in  the  United  States  one  year  next  preceding  any  election." 

Mr.  Blunt.  Mr.  Chairman,  I  propose  to  offer  the  following  substitute 
for  the  first  section: 

"Sec.  1.  Every  white  male  person  of  twenty-one  years  of  age  and  up- 
wards, who  are  citizens  of  the  United  States,  and  shall  have  resided  in  this 
State  six  months  preceding  the  election,  and  in  the  township  or  ward  in 
which  he  offers  to  vote  at  least  ten  days  preceding  such  election,  shall 
be  deemed  a  qualified  elector  to  vote  at  such  election." 
The  substitute  was  laid  on  the  table. 


Monday,  July  18,  1859.  295 

Mr.  Porter.  Mr.  Chairman,  I  move  to  amend  by  striking  out  all  after 
the  word  "naturalization"  and  insert  as  follows: 

[*200]  *"3d,  civilized  male  Indians  who  have  adopted  the  habits  of  the 
white  man." 

Mr.  President  Winchell.  Mr.  Chairman,  I  question  whether  the 
gentleman's  amendment  is  in  order,  when  considered  in  connection  with 
the  first  line  of  the  section:  "Every  white  male  person  of  twenty-one 
years,"  &c. 

The  Chairm.-\n.    The  amendment  is  not  in  order. 

Mr.  Paltrier.  I  would  suggest  the  words  "male  persons  of  Indian 
blood  who  have  been  by  treaty  or  otherwise  made  citizens  of  the  United 
States." 

Mr.  Slough.  That  is  liable  to  the  same  objections  urged  a  moment 
ago.    It  would  be  necessary  to  strike  out  the  word  "white"  in  the  first  line. 

Mr.  Greer.  Mr.  Chairman,  I  move  to  strike  out  the  words  "white 
males"  in  the  first  Une. 

Mr.  Slough.    I  move  to  lay  it  upon  the  table. 

The  motion  was  agreed  to. 

Mr.  Hutchinson.  I  move  to  strike  out  the  word  "white"  in  the  first 
line. 

Mr.  Slough.    I  move  to  lay  it  on  the  table. 

The  motion  was  agreed  to. 

Mr.  Stinson.  Mr.  Chairman,  I  would  inquire  what  action  the  Con- 
vention has  taken  on  the  motion  of  the  gentleman  from  Doniphan  (Mr. 
Porter)  ? 

The  Chairman.    The  Chair  decided  that  it  was  out  of  order. 

Mr.  Stinson.  I  would  suggest  to  the  Chair  that  we  are  only  defining 
who  are  "white  male  citizens." 

The  section  was  now  adopted. 

Mr.  Slough.  Mr.  Chairman,  I  propose  to  offer  as  section  2d  the  fol- 
lowing: 

"Sec.  2.  Male  Indians,  who  by  treaty  or  otherwise,  have  become  citi- 
zens of  the  United  States,  and  who  have  resided  six  months  in  Kansas, 
and  ten  days  at  least  before  an  election  in  a  townsliip  or  ward,  may  vote 
at  such  election." 

Mr.  Houston.  i\lr.  Chairman,  I  move  to  strike  out  "ten  days"  and 
insert  "three  months." 

Mr.  Thacher.    I  move  to  add  "and  all  citizens  of  the  chfferent  States." 

Mr.  BuRRis.    I  move  to  lay  them  all  on  the  table. 

The  motion  was  agreed  to. 

Section  2  was  read  and  adopted,  viz: 

"Sec.  2.  No  person  under  guardianship,  7wn  compos  mentis  or  insane 
shall  be  qualified  to  vote  at  any  election,  nor  shall  any  person  convicted 
of  treason  or  felony  be  qualified  to  vote  at  any  election,  unless  restored  to 
civil  rights." 

Section  3  was  read,  viz: 

"Sec.  3.  No  soldier,  seaman  or  marine  in  the  army  or  na\'y  of  the 
United  States  or  of  their  allies,  shall  be  deemed  to  have  acquired  a  resi- 
dence in  this  State  in  consequence  of  being  stationed  within  the  same,  nor 
shall  any  such  soldier,  seaman  or  marine  have  the  right  to  vote." 


296  Convention  Proceedings  and  Debates. 

Mr.  President  Winchell.  Mr.  Chairman,  I  believe  this  section  is 
not  altogether  what  it  should  be.  If  I  can  have  a  moment  to  prepare  a 
substitute  I  will  do  so.  I  will  state  what  my  objection  is.  The  language 
of  the  section  is:  "No  soldier,  seaman  or  marine  in  the  army  or  navy  of 
the  United  States  or  of  their  aUies,  shall  be  deemed  to  have  acquired  a 
residence  in  this  State  in  consequence  of  being  stationed  within  the  same, 
nor  shall  any  such  soldier,  seaman  or  marine  have  the  right  to  vote."  Now 
I  believe,  sir,  frauds  have  been  perpetrated  under  a  similar  pro\asion  to 
this;  and  I  object  to  soldiers,  seamen  or  marines  acquiring  a  residence 

Mr.  J.  Blood,  (interrupting.)  If  the  gentleman  will  notice  the  last 
clause,  particularly,  his  objection  will  be  removed. 

Mr.  President  Winchell  acquiesced. 

Mr.  Hutchinson.    I  move  to  strike  out  the  word  "such." 

Mr.  Stinson.  Mr.  Chairman,  I  shall  oppose  the  whole  section.  I  con- 
sider it  tyrannical  and  outrageous  to  deprive  a  man  of  voting  because  he 
is  in  the  army  or  navy  of  the  United  States.  A  man  simply  being  on 
serWce  here  does  not  acquire  the  right  to  vote,  but  to  exclude  an  officer 
[-201]  of  the  army  or  navy  who  has  his  family  *here — I  say  it  is  out- 
rageous to  cut  him  off  from  the  right  of  a  sovereign  citizen,  and  I  shall 
op- [pose]  the  whole  section  on  that  ground. 

Mr.  Greer.  Mr.  Chairman,  it  seems  to  me  that  such  a  residence  as  I 
understand  a  soldier's  to  be  is  a  transient  residence.  He  is  under  the  pay 
of  government,  and  assumes  this  kind  of  position  in  society  voluntarily. 
He  has  no  permanent  residence.  I  hope  no  one  will  be  so  patriotic  as  to 
desire  to  guard  a  floating  population  with  such  a  zeal  as  my  friend  from 
Leavenworth  (Mr.  Stinson).  I  understand  that  when  I  join  the  army, 
I  may  be  permitted  to  spend  my  time  three  years  in  Leavenworth,  but  at 
any  moment  I  may  be  called  to  go  to  Fort  Riley  or  wheresoever.  That  is 
the  kind  of  citizenship  the  soldier  has. 

Mr.  Slough.  Mr.  Chairman,  I  have  always  been  opposed  to  the  lan- 
guage ordinarily  used  in  Constitutions,  because  of  the  fact  that  so  many 
questions  arise  that  are  difficult  of  solution.  We  have  found  such  a  pro- 
Adsion  in  the  organic  act  of  this  Territory,  which  has  given  rise  to  con- 
siderable difficulty.  I  desire  now  that  it  shall  be  rendered  so  clear  that  no 
misunderstanding  shall  be  had.  I  am  opposed  to  anything  that  will  look 
towards  the  centraHzation  of  power  in  the  federal  government.  Suppose, 
instead  of  having  a  standing  array  of  ten  or  fifteen  thousand,  with  no  pro- 
vision in  our  Constitution  to  the  contrary,  the  federal  government  might 
throw  that  force  into  the  Territory,  and  so  control  its  policy.  I  am  inclined 
to  think,  from  the  first  view  of  the  provision  proposed  to  be  inserted,  that 
it  is  a  good  one.  The  language  is  clear,  explicit,  and  cannot  be  mis- 
understood. 

Mr.  J.  Blood.  Mr.  Chairman,  I  am  in  favor  of  striking  out  of  the 
section  the  word  "such,"  and  that  it  shall  prevent  any  soldier  or  seaman 
from  voting  whether  he  has  a  residence  in  consequence  of  being  in  the 
army  or  otherwise,  for  the  reason  that  when  a  soldier  enlists  in  the  army, 
he  loses  his  individuality  and  becomes  a  mere  machine,  and  is  not  in  a 
condition  to  exercise  his  independence  as  a  citizen  should.  I  will  read  a 
similar  provision  in  the  Missouri  Constitution.     (Reads). 

The  motion  was  adopted,  and  the  word  "such"  was  stricken  out.  The 
section  was  then  adopted. 


Monday,  July  18,  1859.  297 

Section  4  was  read,  viz: 

"Sec.  4.  No  person  shall  be  deemed  to  have  lost  his  residence  in  this 
State  by  reason  of  his  absence  either  on  business  of  this  State  or  of  the 
United  States." 

Mr.  McDowell.  Mr.  Chairman,  I  move  to  strike  that  section  out.  I 
think  it  unnecessary,  and  the  reason  I  offer  is,  that,  if  it  were  necessary 
this  trenching  upon  the  province  of  the  Legislature  is  not  right.  I  think 
it  unnecessary,  inasmuch  as  there  is  a  well  defined  statement  as  to  what 
shall  constitute  citizenship  already  adopted.  The  rule  of  law  is  that  if  _a 
man  goes  away  from  a  place  with  the  idea  of  remaining,  he  loses  his  resi- 
dence, but  if  he  goes  away  with  the  idea  of  returning,  he  does  not  lose  his 
residence. 

The  motion  was  agreed  to. 

Sections  5  and  6  were  read  and  adopted,  \iz : 

"Sec.  5.  Every  person  shall  be  disqualified  from  holding  office  during 
the  term  for  which  he  may  have  been  elected,  who  shall  have  given  or 
offered  a  bribe  to  procure  his  election." 

"Sec.  6.  Every  person  who  shall  give  or  accept  a  challenge  to  fight  a 
duel,  or  who  shall  knowingly  carry  to  another  person  such  challenge,  or 
who  shall  go  out  of  this  State  to  fight  a  duel,  shall  be  inehgible  to  any  office 
of  trust  or  profit  in  this  State." 

Section  7  was  read,  viz: 

"Sec.  7.  Electors  during  their  attendance  at  elections,  and  in  going  to 
and  returning  therefrom,  shall  be  privileged  from  arrest  in  all  cases  except 
treason,  felony  and  breach  of  the  peace." 

Mr.  Slough.  I  would  suggest  a  verbal  amendment.  Strike  out  the 
last  "and"  and  insert  "or." 

The  Chairman.    There  being  no  objection  the  alteration  will  be  made. 

So  section  7  was  adopted,  and  the  article  passed,  amended. 
[*202]     *Mv.  Slough.    I  move  the  committee  rise  and  report. 

The  motion  was  agreed  to. 

The  committee  accordingly  rose  and  the  chairman  reported  back  the 
article  on  elections  and  suffrage,  with  amendments  as  above. 

Mr.  Slough.    I  move  that  the  article  be  taken  up  section  by  section. 

The  motion  was  agreed  to. 

Section  1  was  read  and  adopted. 

Section  2  was  read. 

Mr.  Slough.  Mr.  President,  I  move  to  amend  by  striking  out  that 
section  and  insert  the  section  orizinally  reported  by  the  committee,  to-wit: 
"2d.  The  general  elections  shall  be  held  annually  on  the  first  Tuesday  in 
October,  except  township  and  municipal  elections,  which  shall  be  held  on  the 
first  Tuesday  in  April  annually — until  otherwise  provided  by  law;"  and 
call  for  the  yeas  and  nays  on  the  question. 

Mr.  Hutchinson.    I  move  to  lay  it  on  the  table. 

On  this  motion  the  yeas  and  nays  were  demanded,  and,  being  ordered 
and  taken,  resulted — yeas  24,  nays  23 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Button,  GriflRth,  Hutchinson,  Hanway,  Hoffman,  Houston,  King- 
man, Lillie,  Middleton,  Preston,  Ritchie,  Ross,  Signor,  Stokes,  Thacher, 
Townsend,  Mr.  President — 24. 


298  Convention  Proceedings  and  Debates. 

Nats — Messrs.  Barton,  Foster,  Forman,  Graham,  Greer,  Hippie,  Hub- 
bard, Ingalls,  Moore,  McDowell,  McCune,  McClelland,  McCullough,  Palmer, 
Parks,  Porter,  Slough,  Stinson,  Stiarvvalt,  Simpson,  J.  Wright,  Wrigley, 
WiUiams— 23. 

So  the  motion  was  agreed  to,  and  the  amendment  laid  on  the  table. 

Section  2  was  then  adopted. 

Section  1  under  the  head  of  suffrage  was  read. 

Mr.  McDowell.  Mr.  President,  I  move  to  strike  out  all  after  the  word 
"naturalization." 

Mr.  J.  Blood.  Mr.  President,  I  hope  the  motion  will  prevail  if  I  under- 
stand the  effect  of  it.  I  see  by  the  fore  part  of  the  section  that  white  per- 
sons are  required  to  have  residence  of  si.x  months,  while  foreigners  would 
have  the  right  to  vote  on  a  residence  of  three  days  by  declaring  their  in- 
tention. 

Mr.  McDowell.  If  the  gentleman  will  read  the  section  carefully  he 
will  see  he  is  wrong. 

Mr.  J.  Blood.  I  know  that  under  a  similar  provision  foreigners  have 
been  allowed  to  vote  simply  upon  declaring  their  intention  to  become 
citizens.  They  can  come  from  Europe  and  in  ten  days  go  to  the  polls  and 
vote.  I  see  no  reason  why  they  should  not  be  required  to  reside  at  least 
one  year.  I  am  not  in  favor  of  excluding  foreigners  by  any  means.  I  dis- 
claim any  intention  of  that  sort. 

Mr.  Arthur.    Mr.  President,  I  offer  the  following  substitute: 

"All  white  male  citizens  of  the  United  States  who  have  attained  the  age 
of  twenty-one  years,  and  have  been  residents  of  this  State  for  six  months, 
and  of  the  county  for  thirty  days,  and  of  the  precinct  or  ward  in  which  he 
offers  to  vote  for  ten  days  immediately  preceding  any  general  election, 
shall  have  the  right  to  vote,  and  none  others." 

Mr.  Griffith.    Mr.  Chairman,  I  understand  it  will  deprive  foreigners 
who  have  not  been  naturalized.    It  will  deprive  that  class  of  foreirners  who 
have  declared  their  intention;  and  I  presume  we  are  not  prepared  to  take- 
that  conclusion  either. 

Mr.  Ritchie.  Mr.  Chairman,  I  hope  this  motion  will  not  prevail.  My 
opposition  to  it  is  on  account  of  its  arbitrary  bearing  upon  humanity.  I 
have  seen  in  the  disposition  of  questions  involving  human  liberty  here,  a 
disposition  to  ignore  humanity.  I  am  in  belief  that  it  is  not  on  account  of 
my  color  that  I  am  entitled  to  be  here  to-day.  I  believe  there  is  no  prin- 
ciple— I  believe  there  is  rather  a  principle  which  is  common  to  us  all — 
that  this  right  should  be  passed  upon.  I  would  hardly  claim  it  for  myself 
[*203]  on  account  of  superior  intelligence,  yet  rather  would  I  repre*sent 
the  elective  franchise  upon  this  principle  than  upon  the  word  "white." 
The  other  day  I  was  in  conversation  with  a  man,  and  he  spoke  about  being 
in  battle  for  the  price  of  liberty.  And  he  is  to  be  deprived — after  having 
obtained  a  boon  that  we  consider  the  birthrisjht  of  American  citizens — is 
to  be  now  robbed  of  that  privilege;  and  why?  Becau.se  his  complexion 
is  different  to  my  own.  In  the  argument  with  that  gentleman — yes,  you 
may  laugh  my  friends,  but  I  call  him  a  gentleman  not  on  account  of  his 
color,  but  on  account  of  his  having  in  his  soul  left  a  desire  and  love  for 
the  liberty  that  is  desirable  for  you  and  me;  and' perhaps  he  has  done 
more  than  those  who  can  curl  the  lips  and  snarl  upon  his  countenance,  in 
behalf  of  the  libertj'  we  are  now  possessed  of. 

I  am  opposed  to  the  measure  on  other  considerations  than  this.    Place 


Monday,  July  18,  1859.  299 

it  upon  intelligence  and  purity,  and  I  say  my  mother,  and  sister,  and  wife 
is  made  the  servant  of  a  trembling  weak-kneed  Democracy  or  Republi- 
canism. Who  has  made  a  speech  that  was  more  compact,  and  that  showed 
more  of  intelligence  than  a  lady  in  this  hall  a  few  evenings  since,  and  yet 
this  Constitutional  Convention,  on  account  of  prejudice,  on  account  of 
usage,  is  willing  to  pursue  their  time-honored  course,  and  is  not  willing  to 
Usten  to  reason  and  facts  of  humanity.  I  am  aware  this  is  called  radical- 
ism, fanaticism;  and  some  would  not  have  any  more  sense  than  to  call  it 
abolitionism.  Now,  Mr.  President,  I  feel  that  I  am  incompetent  to  do 
justice  to  the  subject,  but  I  could  not  have  discharged  my  duty  without 
having  laid  these  views  simply  before  you. 

Mr.  J.  Blood.    Mr.  President,  I  move  to  lay  the  substitute  on  the  table. 

On  this  motion  the  yeas  and  nays  were  demanded,  and  being  ordered 
and  taken,  resulted — yeas  42,  nays  3 — as  follows: 

Yeas— Messrs.  Burnett,  Blunt,  Barton.  Burris.  J.  Blood,  N.  C.  Blood, 
Crocker,  Button,  Foster,  Forman,  Greer,  Griffith,  Hippie,  Hubbard,  Hutch- 
inson, Hanway,  Hoffman,  Houston,  Middleton,  Moore,  McDowell,  McCune, 
McClelland,  McCullough.  Preston,  Palmer,  Parks,  Porter,  Ritchie,  Ross, 
Signor,  Sloush,  Stinson,  Stiarwalt,  Stokes,  Simpson,  Townsend,  Thacher, 
J,  Wright,  Wrigley,  Williams,  Mr.  President — 42. 

Nays — Messrs.  Arthur,  Graham,  and  Ingalls — 3. 

So  the  motion  was  agreed  to. 

Mr.  J.  Blood.  Mr.  President,  I  looked  over  the  section  rather  hastily, 
and  upon  close  examination  I  see  that,  as  I  understand  it  now,  it  does 
not  require  of  a  foreigner  a  residence  in  this  State  of  three  days  even. 

Mr.  Slough.    Read  the  section. 

The  section  was  read  accordingly  by  the  Secretary. 

Mr.  J.  Blood.  That  removes  my  objections  to  the  amendment  of  the 
gentleman  from  Leavenworth  (Mr.  McDowell). 

Mr.  Blunt.  Mr.  President,  I  wish  to  offer  an  amendment.  After  the 
word  "naturaUzation,"  to  which  I  have  no  objection,  insert  these  words: 
"but  no  person  of  foreign  birth  shall  be  entitled  to  vote  until  after  a 
residence  of  six  months."  The  object  of  offering  this  amendment  is  to 
prevent  the  abuse  of  the  elective  franchise,  which  has  been  practiced  to  a 
very  great  extent,  viz:  the  manufacture  of  voters  out  of  foreigners  the 
day  before  election.  I  have  no  objection  at  all  to  treating  foreigners 
liberally  as  regards  the  right  of  suffrage,  and  I  am  not  disposed  to  with- 
hold the  right  of  suffrage  to  foreigners;  but  every  person  has  seen  this 
right  abused.  A  day  before  election,  in  large  cities,  thousands  of  voters 
are  manufactured  from  foreigners  who  know  nothing  at  all  about  our 
country,  and  are  mere  machines  in  the  hands  of  corrupt  politicians,  who 
pay  the  expenses  of  their  naturalization  for  their  voting  for  some  favorite 
candidate.     For  this  reason  I  propose  my  amendment. 

[*204]     Mr.  HiPPLE.     I  move  to  lay  it  upon  the  *table,  and  on  that 
motion  call  [for]  the  yeas  and  nays. 

Mr.  Slough.     I  hope  not. 
Mr.  HipPLE.    I  withdraw  it. 

Mr.  Burris.    I  hope  the  amendment  will  not  prevail. 
The  PREsmENT.    It  has  not  been  seconded. 

Mr.  President  Winchell.  (Mr.  Thacher  in  the  chair).  It  seems 
to  me  a  reasonable  request  to  strike  out.    As  our  friends  are  somewhat 


oUO  CoNv-ENTioN  Proceedings  and  Debates. 

disposed  to  favor  the  foreigner  and  make  it  an  object  for  them  to  change 
their  fealty  to  the  government  of  the  United  States,  we  should  perhaps 
do  all  in  our  power  to  encourage  such  emigration.  I  trust  we  will  re- 
move all  the  barriers  we  can. 

The  motion  was  agreed  to. 

Mr.  Hutchinson.  Mr.  President,  I  move  to  strike  out  the  word 
'white."  I  believe,  sir,  this  question  of  suffrage  is  not  altogether  a  matter 
of  policy,  that  there  is  something  else  to  be  considered.  It  is  one  of 
right,  to  some  extent.  What  are  we  about  to  do?  By  this  section  we  are 
about  to  declare  that  the  pri\dlege  of  exercising  that  right  shall  belong  to 
a  class,  without  any  respect  or  regard  to  merit,  cultivation  or  anything 
except  color.  I  am  too  much  of  a  Democrat  to  believe  in  such  a  doctrine. 
I  believe  this  principle  is  contrary  to  the  Democratic  creed.  If  the  opera- 
tion of  the  elective  franchise  is  beneficial — if  you  and  I  are  made  better 
by  being  allowed  the  riiht  to  vote — then  we  should  extend  that  benefit 
to  every  class  of  men.  We  ought  not  to  say  one  class  should  be  made  less 
intelligent  than  we.  Xo.  sir.  But  why  do  we  pretend  to  do  it?  We  have 
the  laws,  the  strength,  the  government.  By  that  same  rule  everj^  member 
on  this  floor  might  be  disfranchised  within  twelve  months.  Any  race  that 
could  get  possession  of  the  right  to  legislate,  could  as  properly  disfran- 
chise the  white  man  as  we  can  a  black  man.  We  are  not  here  to  make  a 
Constitution  for  one  class — for  class  legislation — but  to  make  a  Constitu- 
tion for  the  whole  people  of  the  State  of  Kansas,  and  if  we,  in  that  act, 
disfranchise  any  particular  sect,  the  responsibility  is  ours.  We  have  no 
right  to  erect  separate  standards  as  to  the  right  of  the  elective  franchise. 
No  right  to  say  that  a  person  who  has  eyes  of  a  particular  color,  or  wears 
clothes  of  a  particular  color,  shall  exercise  the  privilege  of  the  ballot-box. 
There  miaht  be  some  plausibility  in  an  amendment  that  a  person  should 
have  a  certain  degree  of  intelligence  to  become  privileged  to  exercise  the 
right.  We  must  go  back  to  the  work  of  this  morning,  and  revise  and 
change  our  declaration  of  rights.  It  declares  all  men  are  equally  free 
and  independent,  and  possessed  by  nature  of  certain  inalienable  rights. 
We  declared  that  this  morning,  and  this  afternoon  we  propose  to  stultify 
ourselves,  and  say  that  Chinese  or  blacks  who  happen  to  come  here  shall 
be  disfranchised  and  deprived  of  the  rights  of  freemen.  I  believe  that  it 
is  not  in  accordance  with  that  spirit  of  liberty  which  is  now  advancing 
before  the  world  for  us  to  insert  a  provision  of  that  kind.  It  might  have 
been  justifiable  generations  ago,  but  in  this  age,  when  one-half  the  free 
States  have  allowed  the  black  man  to  exercise  the  right  of  sufi"rage — we, 
at  this  late  day,  having  the  advantage  of  all  their  experience,  should  act 
with  the  utmost  caution  before  we  say,  by  this  act,  that  we  cannot  appre- 
ciate this  great  blessing  of  liberty  so  generally,  so  widely,  as  the  people  of 
the  far  East.  It  has  been  said  that  Kansas  was  the  place  to  exercise  these 
modern  ideas;  that  this  was  the  field  for  improvement  and  advancement, 
especially  with  reference  to  our  forms  of  government.  Sir,  we  have  en- 
deavored to  strike  down  the  forms  of  tyranny,  and  the  iclea  that  I  am 
better  than  thou — and  yet  we  are  about  to  insert  this  old  relic  of  the  dark 
[*205]  days.  I  *had  hoped  this  word  "white"  would  not  be  inserted  in 
our  Constitution. 

Mr.  Graham.  Mr.  President,  I  am  opposed  to  striking  out  the  word 
"white."  I  came  from  a  State  where  I  resided  forty-eight  or  forty-nine 
years.  My  first  vote  was  cast  side  by  side  with  the  colored  man.  In 
1836,  we  changed  that;  and  we  believed  the  change  of  Constitution  was 
made  as  much  for  that  purpose  as  any  other.    I  am  opposed  to  striking 


Monday,  July  18,  1859.  301 

out  that  word  "white,"  for  I  beheve  we  have  the  right  to  say  who  shall 
have  the  right  to  vote.  I  am  oppased  to  it  from  past  experience.  And 
another  thing,  I  am  not  positive,  but  I  think  those  men  always  voted  the 
Democratic  ticket. 

The  yeas  and  nays  were  demanded,  and  being  ordered  and  taken  re- 
sulted— yeas  3,  nays  37 — as  follows: 

Ayes — Messrs.  Hutchinson,  Ritchie,  Stokes — 3. 

Nays— Messrs.  Arthur,  Burnett,  Blunt,  Barton,  Burris,  J.  Blood,  N.  C. 
Blood,  Crocker,  Button,  Foster,  Forman,  Graham,  Griffith,  Hippie,  Hub- 
bard, Hanway,  Hoffman,  Houston,  Ingalls,  Lillie,  Middleton,  Moore,  Mc- 
Dowell, McCune,  McCullough,  Preston,  Palmer,  Parks,  Porter,  Ross, 
Signor,  Slough,  Stiarwalt,  Simpson,  Thacher,  J.  Wright,  Williams— 37. 

So  the  motion  to  strike  out  "white"  was  rejected. 

Mr.  Ritchie.  IVIr.  President,  I  offer  the  following  amendment,  to  be 
inserted  after  the  word  "election,"  the  words,  "Provided  he  can  read  and 
write ; "  so  that  it  will  read — 

"Section  1.  Every  white  male  person  of  twenty-one  years  and  up- 
wards belonging  to  either  of  the  following  classes — who  shall  have  resided 
in  Kansas  six  months  next  preceding  any  election,  and  in  the  township  or 
ward  in  which  he  offers  to  vote  at  least  ten  days  preceding  such  election, 
provided  he  can  read  and  write,  shall  be  deemed  a  qualified  elector  at  such 
election." 

Mr.  Slough.    I  move  to  lay  it  on  the  table. 

The  motion  was  agreed  to. 

Mr.  Parks.  Mr.  President,  if  in  order  to  introduce  a  substitute,  I  offer 
the  following: 

"Sec.  1.  Every  white  male  citizen  of  the  United  States,  and  every 
white  male  person  of  foreign  birth  who  has  declared  his  intention  to  be- 
come a  citizen  conformably  to  the  laws  of  the  United  States,  and  every 
male  person  of  mixed  white  and  Indian  or  i)ure  Indian  blood,  who  has 
been  made  a  citizen  of  the  United  States  by  treaty  or  otherwise;  who 
shall  have  attained  the  age  of  twenty-one  years,  and  resided  in  this  State 
for  six  months,  in  the  county  thirty  days,  and  in  the  town.ship  or  ward 
ten  days  next  preceding  the  election  at  which  he  offers  to  vote,  and  no  one 
else,  shall  be  deemed  a  qualified  elector." 

Mr.  President  Winchell.  (Mr.  Thacher  in  the  chair).  I  move  to 
amend  by  inserting  the  words  "or  Negro"  after  the  words  "or  Indian." 

Mr.  Burris.    I  move  to  lay  the  substitute  and  amendment  on  the  table. 

On  this  substitute  the  yeas  and  nays  were  demanded,  and  being  ordered 
and  taken  resulted — yeas  29,  nays  15— as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Button,  Graham,  Griffith,  Hubbard,  Hutchinson,  Hanway,  In- 
galls, Kingman,  Lillie,  Middleton,  McCune,  McCullough,  Preston,  Porter, 
Ross,  Signor,  Simpson,  Thacher,  Townsend,  J.  Wright,  Williams,  Mr.  Presi- 
dent—29. 

Nays — Messrs.  Barton,  Foster,  Forman,  Hippie,  Houston,  Moore,  Mc- 
Dowell, Palmer,  Parks,  Ritchie,  Slough,  Stinson,  Stianvalt,  Stokes,  Wrig- 
ley— 15. 

So  the  substitute  was  laid  on  the  table. 


302  CoN^^NTION  Proceedings  and  Debates. 

Mr.  Slough.  Mr.  President,  I  move  the  following  substitute  for  the 
second  section: 

"Male  Indians,  who  have  become  citizens  of  the  United  States  by  treaty 
or  otherwise,  and  who  have  resided  six  months  in  Kansas,  and  ten  days  in 
a  township  or  ward,  the  same  being  next  preceding  any  election,  may  vote." 

[*206]     ISlv.  President  Winchell.     I  move  after  the  *words  "Indian 
or"  to  insert  "or  citizens  of  other  States." 

The  President.  (Mr.  Thacher  in  the  chair).  The  opinion  of  the 
chair  is,  that  this  amendment  is  identical  with  the  one  proposed  by  the 
gentleman  from  Leavenworth. 

Mr.  Slough.    It  is  dissimilar. 

Mr.  Burris.    I  move  to  lay  them  on  the  table. 

On  this  motion  the  yeas  and  nays  were  seconded,  and  being  ordered  and 
taken  resulted — yeas  29,  nays  18 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Button,  Graham,  Oreer,  Griffith.  Hutchinson,  Hanway,  Hoffman, 
Ingalls,  Kingman,  LiUie,  Middleton,  McCullough,  Preston,  Porter,  Ross, 
Signor,  Stokes,  Simpson,  Thacher,  Townsend.  Williams,  Mr.  President — 29. 

Nays — Messrs.  Barton,  Foster,  Forman,  Hippie,  Hubbard,  Houston, 
Moore,  McDowell,  McCune,  McClelland,  Palmer,  Parks,  Ritchie,  Slough, 
Stinson,  Stiarwalt,  J.  Wright,  Wrigley — 18. 

So  the  substitute  and  amendment  were  laid  on  the  table. 
Mr.  McDow^ELL.    Mr.  President,  I  desire  to  offer  the  follo\\dng  as  sec- 
tion 2d: 

"Sec.  2.    No  negro  or  mulatto  shall  be  entitled  to  vote  at  any  election." 

I  offer  that  because  in  a  clause  in  the  Ohio  Constitution  somewhat 
similar  to  the  first  section,  where  the  word  "white"  has  been  used,  the 
courts  have  decided  any  person  as  white  who  has  a  preponderance  of  wliite 
blood ;  and  thereby  a  great  many  mulattoes  ha^-e  been  allowed  to  vote.  As 
it  requires  a  great  deal  of  time  and  takes  a  good  deal  of  trouble,  and  as  it 
is  attended  with  considerable  difficulty  to  determine  this  question,  I  de- 
sire to  have  no  misunderstanding.  I  start  out  with  the  jiroposition,  that  if 
I  can,  I  will,  succeed  in  having  such  a  clause  in  the  Constitution  of  Kan- 
sas. I  came  here  instructed  to  oppose  negro  suffrage  and  negro  equality — 
to  advocate  the  enactment  of  a  clause  in  the  Constitution  prohibiting 
negroes  from  emigrating  to  the  State  of  Kansas,  and,  by  whatever  legi.sla- 
tion,  to  discourage  the  negroes  that  are  here  from  remaining.  Hence,  I 
voted  the  other  day  to  exclude  from  our  charitable  institutions  all  negroes. 
I  gave  that  vote,  and  my  colleague  gave  a  similar  vote,  in  furtherance  of 
what  we  conceived  to  be  the  mind  of  our  constituents — my  colleague  has 
authorized  me  to  state  that  much  on  his  behalf.  And  1  would  be  untrue 
to  what  I  conceive  to  be  a  duty  I  owe  to  my  constituents  and  my  own 
feelings,  if  I  did  not  endeavor  to  carry  out  that  idea — as  opposed  to 
negro  equality,  to  negro  emigration  into  this  State,  and  to  discourage  the 
free  negroes  from  here  remaining. 

Mr.  President  Winchell.  I  move  to  insert  the  word  "Indian"  after 
the  word  "negro." 

The  President.  (Mr.  Thacher  in  the  chair).  The  chair  is  of  opinion 
that  the  section  itself  is  out  of  order,  being  covered  completely  by  the  first 
section. 

Mr.  Slough.    The  Convention  may  entertain  a  different  opinion,  and 


Monday,  July  18,  1859.  303 

for  that  reason  I  think  we  ought  to  have  an  opportunity  to  test  the  ques- 
tion. 

Mr.  Blunt.  Mr.  President,  I  supposed  the  insertion  of  the  word  "white" 
would  satisfy  all  parties,  and  let  that  word  be  interpreted  according  to  its 
general  meaning.  It  seems,  however,  that  such  is  not  the  case;  that  our 
Democratic  friends  are  not  satisfied  with  the  word  "white,"  for  fear  that, 
by  a  liberal  construction  of  that  word,  some  person  who  has  a  drop  of 
African  blood  might,  perchance,  be  entitled  to  vote.  Now  I  am  willing 
this  word  "wliite"  shall  settle  the  whole  question.  I  think  the  position 
which  has  been  assumed  by  the  Supreme  Court  of  Ohio,  is  correct — that  a 
man  must  be  white  or  black — must  belong  to  some  particular  class — and 
whichever  of  that  blood  predominates,  he  belongs  to  that  class.  But  gen- 
tlemen are  very  much  in  fear  of  being  tainted  by  a  drop  of  African  blood, 
[*207]  while  they  are  very  anxious  and  eager  to  conifer  upon  the  wild 
Indian  the  right  of  suffrage.  I  believe  this  word  will  allow  mulattoes,  over 
half  white,  to  vote;  and  I  believe  such  should  be  the  case.  Gentlemen 
upon  the  other  side  of  the  House  do  not  seem  to  stand  so  much  upon  the 
mere  question  of  color  as  they  do  upon  the  peculiar  shade,  or  whether  a 
man  possesses  wool  or  hair  upon  his  cranium,  or  the  shape  of  the  nose,  or 
some  other  physiological  peculiarity;  for  while  they  are  rigorously  opposed 
to  any  one  voting  who  might,  perchance,  have  a  drop  of  African  blood  in 
his  veins,  they  are  equally  eager  and  zealous  to  confer  upon  the  wild  and 
untutored  Indian  all  the  rights  and  privileges  which  we,  ourselves,  enjoy. 
And,  Mr.  President,  the  only  solution  to  which  I  can  arrive  for  this  mani- 
fest partiaUty  of  our  Democratic  friends,  is  in  the  fact  that  while  persons 
of  African  descent  are  generally  possessed  of  intelligence  and  a  just  appre- 
ciation of  Christian  humanity,  the  red  man  almost  invariably  votes  the 
Democratic  ticket. 

Mr.  Burris  moved  to  lay  it  on  the  table. 

The  yeas  and  nays  were  demanded  upon  this  motion,  and  being  ordered 
and  taken,  resulted — yeas  28,  nays  16 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  B'ood, 
Crocker,  Dutton,  Graham,  Greer,  Griffith,  Hutchinson,  Hanway,  Hoffman, 
Ingalls,  Kingman,  Lillie,  Middleton,  McCulloudi,  Preston,  Porter,  Ross, 
Signor,  Stokes,  Simpson,  Thacher,  Townsend,  Williams — 28. 

Nays — Messrs.  Foster,  Forman,  Hippie,  Hubbard,  Moore,  M<"DoweU, 
McCune,  McClelland,  Palmer,  Parks,  Ritchie,  Slough,  Stinson,  Stiarwalt, 
J.  Wright,  Wrigley— 16. 

So  the  motion  was  agreed  to. 

Mr.  Stinson.  Mr.  President,  I  move  to  amend  section  2  by  inserting 
after  the  word  "No"  the  words  "negro,  mulatto  or." 

The  Prfsident  (Mr.  Thacher  in  the  Chair)  decided  the  amendment  out 
of  order;  that  a  similar  one  had  already  been  passed  upon. 

Mr.  Wrioley.  I  appeal  from  the  decision  of  the  Chair  and  call  for  the 
yeas  and  nays. 

The  quest'on  being,  shall  the  decision  of  the  Chair  stand  as  the  judg- 
ment of  the  House? 

The  yeas  and  nays  were  ordered  and  being  taken  resulted — yeas  32, 
nays  10— as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Dutton,  Graham,  Greer,  Griffith,  Hutchinson,  Hanway,  Hoffman, 
Houston,  Ingalls,  Kingman,  Lillie,   Middleton,   McClelland.   McCullough, 


304  Convention  Proceedings  and  Debates. 

Preston,  Palmer,  Porter,  Poss,  Ritchie,  Signor,  Stokes,  Simpson,  Thacher, 
Townsend  and  Williams — 32. 

Nays — Messrs.   Foster,   Hippie,   Moore,    McDowell.    McCune,   Slough 
Stinson,  Stiarwalt,  J.  Wright  and  Wrigley — 10. 

So  the  decision  of  the  Chair  was  sustained. 

Section  2  was  then  adopted. 

Section  3  was  read. 

Mr.  Stinson.    I  move  to  strike  out,  commencing  with  the  word  "nor." 

Mr.  President  Winchell.    I  move  to  lay  it  on  the  table. 

The  motion  was  agreed  to. 

Mr.  Wrigley.  A^r.  President,  I  move  to  reinstate  the  word  "such"  that 
was  stricken  out  in  Committee  of  the  Whole. 

Mr.  President  Winchell.    I  move  to  lay  it  on  the  table. 

The  motion  was  agreed  to. 

The  question  being  on  the  adoption  of  the  section — 

The  yeas  and  nays  were  demanded,  and  being  ordered  and  taken,  re- 
sulted— yeas  34,  nays  10 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Burris,  J.  Blood,  N.  C.  Blood,  Crocker, 
Dutton,  Foster,  Graham,  Greer,  Griffith,  Hutchinson,  Hanway,  Hoffman, 
Houston,  Ingalls,  Kingman,  Lillie,  Middleton,  McCune,  McClelland,  McCul- 
lough,  Preston,  Porter,  Ritchie,  Ross,  Signor,  Slough,  Stokes,  Simpson, 
Thacher,  Townsend,  J.  Wright,  WiUiams— 34. 

Nays — Messrs.    Blunt,    Barton,    Forman,    Moore,    McDowell,    Palmer, 
Parks,  Stinson,  Stiarwalt,  Wrigley — 10. 
So  the  section  was  adopted. 
Mr.  Blunt  submits  the  following  explanation  of  his  vote : 

[*2081  *Mr.  President,  I  vote  asainst  the  third  section  of  the  article 
on  suffrase  because  the  word  "such"  has  been  stricken  out,  and  as  the 
section  now  stands  it  disfranchises  every  person  whose  calling  or  vocation 
may  be  that  of  an  army  or  navy  officer,  and  every  seaman  connected  with 
the  merchant  service,  notwithstanding  their  residence  in  this  Stat^  might 
be  bona  fide  and  complete. 

Section  4  was  read  and  adopted. 

Section  5  was  read. 

Mr.  Hutchinson.  Mr.  President,  I  move  the  following  amendment: 
Insert  between  the  words  "duel"  and  "shall"  these  words:  "or  who  shall 
be  known  as  a  common  drunkard." 

Mr.  Blunt  moved  to  lay  it  on  the  table. 

On  this  motion  the  yeas  and  nays  were  demanded,  and  being  ordered 
and  taken,  resulted — yeas  24,  nays  23 — as  follows: 

Yeas — Messrs.  Arthur,  Blunt,  Barton,  Foster,  Forman,  Graham,  Greer, 
Griffith,  Hippie,  Hoffman,  Ingalls,  Kingman,  Lillie,  Middleton,  Moore,  Mc- 
Dowell, McClelland,  Palmer,  Parks,  Porter,  Slough,  Stiarwalt,  Wrigley  and 
Williams— 24. 

Nays — Messrs.  Burnett,  Burris,  J.  Blood,  N.  C.  Blood,  Crocker,  Dutton, 
Hubbard,  Hutchinson,  Hanway,  Houston,  McCune^  McCullough,  Preston, 
Ritchie,  Ross,  Signor,  Stinson,  Stokes,  Simpson,  Thacher,  Townsend,  T.  S. 
Wright  and  Mr.  President— 23. 

So  the  amendment  was  laid  on  the  table. 


Tuesday,  Jt'ly  19,  lNo9.  305 

Section  5  was  then  adopted. 

Section  6  was  read  and  adopted. 

Mr.  President  Winchell.  I  move  you,  sir,  that  the  report  be  printed 
and  referred  to  the  Committee  on  Phraseology  and  Arrangement. 

The  motion  was  agreed  to. 

Mr.  Slough.  Mr.  President,  I  move  that  we  take  up  the  report  of  the 
Committee  on  Amendments. 

And  then,  on  motion. 

The  Convention  adjourned  until  to-morrow  morning  at  8  o'clock. 


Tuesday,  July  19,  1859. 
The  Convention  met  at  9  o'clock,  a.  m. 

Prayer  by  the  Chaplain. 

The  absentees  on  the  roll  call  were  Messrs.  Brown,  Barton,  Lillie,  May, 
Perry,  Simpson  and  Wrigley. 

The  Journal  of  yesterday  was  read  and  authenticated. 

On  motion  by  Mr.  Townsend,  (seconded  by  Messrs.  Slough,  Thacher, 
Ritchie,  and  others)  it  was — 

Ordered,  That  the  courtesies  of  the  Convention  and  pri\alege  within 
the  bar,  be  extended  to  the  Rev.  Mr.  BuUard,  Wm.  H.  Gill,  Lyman  Allen, 
Hon.  C.  W.  Babcock,  and  Hon.  E.  H.  Holiday. 

Mr.  Hutchinson  (by  unanimous  consent),  presented  the  petition  of 
sundry  citizens  of  Brown  county,  which  was  referred  to  the  committee  on 
the  Legislative  Department. 

Mr.  Thacher  submitted  the  following: 

Resolved,  That  all  the  standing  Committees  of  this  Convention,  except 
the  committee  on  Schedule,  be  required  to  report  to-morrow  morning. 

Mr.  Ingalls.  I  would  suggest  the  exception  of  the  committee  on  Phrase- 
ology and  Arrangement.  It  will  be  impossible  for  them  to  come  under  the 
requisition.  Several  reports  have  been  referred  to  that  committee  which 
are  yet  to  be  printed. 

The  amendment  was  accepted  and  then  the  resolution  was  adopted. 

state  census. 
Mr.  Hutchinson  submitted  the  following: 

Resolved,  That  the  committee  on  Schedule  be  instructed  to  make  pro- 
vision for  tal-dng  a  complete  census  of  the  inhabitants  of  the  Territory 
prior  to  the  assembling  of  the  next  Congress,  that  the  returns  of  the  Census 
Commissioners  may  accompany  our  Constitution  when  the  same  is  pre- 
sented to  Congress. 

On  motion  of  Mr.  James  Blood  it  was  laid  upon  the  table. 
[*209]     Mr.   Hutchinson.     Mr.   President,   I   should   be   *glad   of   an 
opportunity  to  state  my  reasons  for  offering  the  resolution. 

The  President.    Without  objection  is  made,  the  gentleman  can  proceed. 

Mr.  Hutchinson.  I  presume  it  must  be  obvious  to  most  members  that 
the  census  authorized  by  the  last  Legislature  will  be  of  but  httle  account 
to  us.  At  least  two-thirds  of  the  more  distant  counties  will  neglect  en- 
tirely to  observe  the  law,  and  in  some  of  the  more  populous  counties  it 

20 — 778 


306  Convention  Proceedings  and  Debates. 

will  be  taken  only  in  a  partial  way — some  townships  taken  and  some  not — 
furnishing  no  foundation  for  a  basis  of  apportionment;  and  therefore  I 
offered  this  proposition  more  especially  for  our  own  advantage.  I  am  also 
informed,  from  a  reliable  source,  that  if  this  proposition  is  made  in  the 
Constitution,  we  are  authorized  to  say  to  the  Commissioners  to  be  ap- 
pointed, that  Congress,  agreeably  to  usage,  will  provide  for  the  expenses. 
It  is  not  expected  that  the  people  of  the  Territory  would  be  saddled  with 
such  an  expense.  The  Secretary  of  the  Interior,  the  Hon.  James  Thomp- 
son, has  recently  given  his  opinion,  that  if  this  Convention  should  make 
such  a  provision,  upon  the  assembhng  of  Congress,  provision  would  be 
made  for  the  payment  of  the  expenses  of  the  census. 

FINANCE   AND    TAXATION. 

Mr.  Simpson,  from  the  committee  on  Finance  and  Taxation^  submitted 
the  following  report,  wliich  was  laid  on  the  table: 

"Section  1.  The  Legislature  shall  provide  by  law  for  a  uniform  and 
equal  rate  of  assessment  and  taxation,  and  taxes  shall  be  levied  in  such 
manner  as  the  Legislature  shall  prescribe;  but  all  property  appropriated 
and  used  exclusively  for  State,  county,  municipal,  literary,  educational, 
scientific  and  religious  purposes,  and  personal  property  to  the  amount  of 
two  hundred  dollars  for  each  head  of  a  family,  shall  be  exempted  from 
taxation. 

Sec.  2.  The  Legislature  shall  provide  by  law  for  taxing  the  notes  and 
bills  chscounted  or  purchased,  moneys  loaned,  and  all  other  property, 
effects  or  dues  of  every  description  (without  deduction)  of  all  banks  now 
existing,  or  hereafter  to  be  created,  and  of  all  bankers,  so  that  all  prop- 
erty employed  in  banking  shall  always  bear  a  burden  of  taxation  equal  to 
that  imposed  upon  the  property'  of  individuals. 

Sec.  3.  The  Legislature  shall  provide  for  raising  revenue  sufficient  to 
defray  the  current  expenses  of  the  State  for  each  year. 

Sec.  4.  No  tax  shall  be  levied  except  in  pursuance  of  law,  and  ever>' 
law  imposing  a  tax  shall  state  distinctly  the  object  of  the  same;  to  which 
object  only  such  tax  shall  be  applied. 

Sec.  5.  For  the  purpose  of  defra\-ing  extraordinary  expenses,  and  mak- 
ing public  improvements,  the  State  may  contract  pubhc  debts;  but  such 
debts  shall  never,  in  the  aggregate,  exceed  one  million  dollars,  except  as 
hereinafter  pro\'ided.  Every  such  debt  shall  be  authorized  by  law,  for 
some  purpose  specified  therein,  and  the  vote  of  a  majority  of  all  the  mem- 
bers elected  to  each  House,  to  be  taken  by  the  yeas  and  naj-s,  shall  be 
necessary  to  the  passage  of  such  law,  and  every  such  law  shall  provide  for 
levjing  an  annual  tax  sufficient  to  pay  the  annual  interest  of  such  debt, 
and  for  the  paj-ment,  when  it  shall  become  due,  of  the  principal  thereof; 
and  shall  specially  appropriate  the  proceeds  of  such  taxes  to  the  payment 
of  such  interest  and  principal;  and  such  appropriation  shall  not  be  re- 
pealed nor  the  taxes  be  postponed  or  diminished  until  the  interest  and 
principal  of  such  debt  shall  have  been  wholly  paid. 

Sec.  6.  No  debts  shall  be  contracted  by  the  State,  except  as  herein 
elsewhere  provided,  unless  the  proposed  law  for  creating  such  debt  shall  be 
first  submitted  to  a  direct  vote  of  the  electors  of  this  State  at  some  general 
election,  and  if  said  proposed  law  shall  be  ratified  by  a  majority  of  all  the 
votes  cast  at  such  general  election,  then  it  shall  be  the  duty  of  the  Legis- 
lature next  after  such  election  to  enact  said  law  and  create  such  debt,  sub- 


Tuesday,  July  19,  1859.  307 

ject  to  all  the  proxdsions  and  restrictions  provided  in  the  preceding  sec- 
tions of  this  Article. 

[*210]  Sec.  7.  The  State  may  also  borrow  money  to  *repel  invasion, 
suppress  insurrection,  or  defend  the  State  in  time  of  war;  but  the  money 
thus  raised  shall  be  applied  exclusively  to  the  object  for  which  the  loan 
was  authorized,  or  to  the  re-payment  of  the  debt  thereby  created." 

AMENDMENTS HOMESTEAD. 

On  motion  by  Mr.  Simpson,  the  Convention  now  resolved  into  a  Com- 
mittee of  the  Whole — Mr.  Slough  in  the  Chair — and  took  up  the  Articles 
on  amendments  to  the  Constitution — printed  in  yesterday's  report. 

On  motion  by  Mr.  McClelland  it  was  ordered  to  be  read  and  con- 
sidered by  sections. 

The  first  section  was  read  as  follows: 

"Sec.  1.  Propositions  for  the  amendment  of  this  Constitution  may  be 
made  by  either  branch  of  the  Legislature,  and  if  two-thirds  of  all  the  mem- 
bers elected  to  each  House  shall  concur  therein,  such  proposed  amend- 
ments shall  be  entered  on  the  Journal,  with  the  ayes  and  noes;  and  the 
Secretary  of  State  shall  cause  the  same  to  be  published  in  at  least  one 
newspaper  in  each  county  of  the  State  where  a  newspaper  is  published, 
for  three  months  precedins  the  next  election  for  Senators  and  Represent- 
atives, at  which  time  the  same  shall  be  submitted  to  the  electors,  for  their 
approval  or  rejection,  and  if  a  majority  of  the  electors  voting  on  said 
amendments,  at  said  election,  shall  adopt  such  amendments,  the  same  shall 
become  a  part  of  the  Constitution.  When  more  than  one  amendment  shall 
be  submitted  at  the  same  time,  they  shall  be  so  submitted  as  to  enable  the 
electors  to  vote  on  each  amendment  separately,  but  not  more  than  three 
propositions  to  amend  shall  be  submitted  at  the  same  election." 

Mr.  Kingman.  Mr.  Chairman,  I  move  to  amend  by  prefixing  to  the 
section  the  following: 

"The  people  have  at  all  times  a  right  to  alter,  change  or  modify  their 
Constitution  or  form  of  government  in  any  way  or  manner  they  see 
proper." 

Mr.  Thacher.    I  second  the  amendment. 

The  amendment  was  adopted — affirmative  23,  negative  10 — and  so  the 
section  passed. 

The  second  section  was  read  as  follows:  ^ 

"Sec.  2.  Whenever  two-thirds  of  the  members  elected  to  each  branch  of 
the  Legislature  shall  think  it  necessary  to  call  a  Convention  to  reAise, 
amend  or  change  this  Constitution,  they  shall  recommend  to  the  electors 
to  vote  at  the  next  election  of  members  to  the  Legislature,  for  or  asainst 
a  Convention,  and  if  a  majority  of  all  the  electors  voting  at  said  election 
shall  have  voted  for  a  Convention,  the  Legislature  shall,  at  the  next  session, 
pro\-ide  the  law  for  calling  the  same." 

Mr.  Thacher.  It  strikes  me  that  when  the  whole  subject  of  a  Consti- 
tution is  submitted  to  the  people,  a  majority  of  the  Legislature  ought  to  be 
sufficient  to  authorize  it.  Therefore,  I  move  to  strike  out  "two-thirds'" 
and  insert  "a  majonty." 

Mr.  Houston.  Mr.  Chairman,  it  seems  to  me  bettor  not  to  change  Con- 
stitutions too  rapidly,  and  that  it  would  give  too  great  facility  to  change 
to  subject  the  Constitution  to  the  ordeal  of  amendment  by  simply  a  ma- 


308  Convention  Proceedings  and  Debates. 

jority  vote  of  the  Legislature.  And  I  am  opposed  to  it,  because  the  people 
will  have  to  pay  the  expense  of  these  elections  and  Conventions.  It  seems 
to  me  that  there  will  be  laid  upon  us,  very  soon,  as  much  expense  as  the 
people  of  Kansas  will  be  able  to  bear  for  twenty  years  to  come,  without 
this.  The  first  section  requires  a  two-thirds  vote  of  the  Legislature  to  call 
a  Constitutional  Convention,  and  now  here  it  is  proposed  that  a  majority 
may  do  it;  that  on  any  occasion,  by  a  majority  vote,  the  Legislature  may 
call  such  an  election  and  put  the  people  to  the  expense  of  thousands  of 
dollars.  It  seems  to  me,  sir,  that  we  ought  not  to  be  compelled  to  go 
through  the^e  formalities  for  a  change  of  the  Constitution  without  very 
good  reasons  for  so  doing,  and  whenever .  there  shall  exist  a  sufficient 
cause  to  make  it  clearly  the  duty  of  the  people  to  change  their  Constitu- 
tion, it  seems  to  me  that  two-thirds  of  their  representatives  would  be  in 
[*211]  *favor  of  it.  I,  for  one,  am  unwilling  to  subject  the  fundamental 
law  to  such  facihty  of  change. 

The  motion  was  rejected  and  then  the  section  passed. 

The  final  section  in  the  report  was  read  as  follows: 

MISCELLANEOUS. 

"A  homestead  of  one  hundred  and  sixty  acres  of  land,  or  in  lieu  thereof 
a  house  and  lot  not  exceeding  in  value  two  thousand  dollars,  or  in  heu 
thereof,  real,  personal  or  mixed  property  to  an  amount  not  exceeding  two 
thousand  dollars,  belonging  to  any  one  family,  shall  by  law  be  exempted 
from  forced  sale  under  any  process  of  law;  and  shall  not  be  alienated 
without  the  just^  consent  of  husband  and  wife,  in  cases  where  that  re- 
lation exists;  but  no  property  shall  be  exempt  from  sale  for  taxes  or  for 
the  payment  of  obligations  contracted  for  the  purchase  of  said  premises, 
or  for  the  erection  of  buildings  thereon." 

Mr.  President  Winchell.  Mr.  Chairman,  I  offer  an  amendment. 
After  the  word  "wife,"  to  the  end  of  the  fine  22,  strike  out  these  words: 
"in  cases  where  that  relation  exists." 

It  received  no  second. 

Mr.  J.  Blood.    ^Iv.  Chairman,  I  move,  as  a  substitute,  the  following: 

"The  privilege  of  the  debtor  to  enjoy  the  necessary  comforts  of  fife, 
shaU  be  recogruzed  by  wholesome  laws,  exempting  a  reasonable  amount  of 
property  from  seizure  or  sale  for  the  pajTnent  of  any  debt  or  liability  here- 
after contracted." 

Mr.  Houston.  ]\Ir.  Chairman,  in  reporting  this  homestead  pro\Tsion, 
I  was  not  in  favor  of  making  it  quite  so  great  as  presented.  But  I  am 
most  decidedly  in  favor  of  a  homestead  exemption.  I  believe  that  no 
measure  can  be  presented  to  our  consideration  more  important  in  the  final 
workings  of  the  system,  and  more  for  the  ultimate  benefit  of  the  people  of 
Kansas,  than  this  homestead  exemption.  I  believe,  in  the  first  place  in 
ha%ing  a  large  State,  and  then  in  giving  permanency  to  tTTe  population  of 
the  State;  and  I  know  of  no  better  way  to  secure  these  objects,  than  to 
engraft  into  the  Constitution  which  is  to  come  out  [of]  here  some  provision 
of  this  kind.  I  ask  any  gentleman  to  reflect  on  the  consecjuences  in  this 
new  State  of  leaving  every  man's  property  to  the  mercy  of  circumstances. 
Why,  sir,  a  man  would  not  desire  to  come  in  here  and  reside  without  the 
assurance  of  po.ssessing  something  permanent  for  the  support  of  his  family. 
With  reference  to  those  engaged  in  trade  and  commerce,  their  homes,  or 

•  Note. — See  correction  of  this  word  on  *  page  221. — Ed. 


Tuesday,  Jily  19,  1859.  309 

their  personalty,  will  be  exempt,  and  this  class  of  men  also  will  be  better  off, 
because  of  the  security  of  the  homes  of  the  farmers.  The  farmers 
strengthen  the  commerce  and  trade  of  the  country.  And  a  man  who  has 
160  acres  of  land,  will  be  more  likely  also  to  have  something  on  which  an 
execution  could  fasten.  But  I  do  not  believe  in  this  large  credit  system. 
It  just  puts  everything  into  the  hands  of  the  creditor.  I  do  not  know  but 
one  of  the  most  wholesome  provisions  in  the  Constitution  would  be  some- 
thing like  this:  that  after  a  certain  time — say  the  first  of  January,  1S65 — 
no  debts  shall  be  collectable  by  law  in  the  State  of  Kansas.  This,  I  know 
is  ultra  doctrine,  but  in  its  genial  workings  it  would  be  better  than  prose- 
cutions at  law,  and  the  sacrifice  of  property  under  judgment  and  execution. 
But  we  only  ask  for  any  person  who  comes  into  our  State  and  makes  a 
home  for  his  family  that  it  shall  not  be  swept  away  from  him  by  any 
ruthless  intervention.  But  gentlemen  propose  to  leave  to  [the]  fixing  of 
this  exemption  to  the  Legislature,  when  it  would  be  Uable  to  be  voted  up  one 
session,  and  down  the  next.  Sir,  if  we  leave  it  to  the  mutations  of  legislation 
there  will  be  no  security  for  the  homestead,  and  we  might  Uve  to  see  here — 
as  I  have  myself  seen — the  last  feather-bed  taken  away  from  a  family  when 
there  were  six  or  seven  children.  Mr.  Chairman,  we  want  to  impart  this 
security  to  the  agriculturalists  of  the  country,  for  if  its  agriculture  is  not 
flourishing  and  prosperous,  every  other  interest  in  cIa^I  society  must  sutler. 
[*212]  If  you  give  no  permanence  to  agriculture,  you  leave  every  other 
public  interest  without  the  encouragement  of  the  government.  But  it  may 
be  said,  this  will  induce  men  to  come  in  and  settle  here  who  are  bank- 
rupts at  home — bankrupts  will  come  in  and  secure  homes!  Certainly,  I  do 
not  want  to  in\-ite  these  especially,  but  let  us  look  at  it  as  a  system  of 
policy.  If  this  exemption  should  be  the  means  of  bringing  millions  of 
capital  into  the  State  of  Kansas — and  there  nuTht  be  many  who  would  not 
come  if  they  were  not  embarrassed — but  if  millions  of  capital  were  to  come 
in  to  secure  homesteads  for  the  unfortunate,  I  want  to  know  if  the  influx 
of  capital  inserted  in  permanent  improvements  would  not  be  a  most 
incalculably  valuable  acquisition  to  the  State!  And  if  bankrupts  should 
come — does  it  follow  that,  because  a  man  has  been  unfortunate,  there- 
fore he  should  not  have  a  house  on  the  footstool  of  God?  It  is  the  aim 
as  it  is  also  the  necessity,  not  only  of  the  unfortunate,  but  of  all  men,  to 
look  out  for  a  habitation  for  his  family — to  seek  for  a  home — a  fireside — 
and  it  is  a  most  beneficent  act  in  the  government  to  secure  the  blessings  of 
home  to  every  man  forever.  I  trust,  sir,  that  by  the  adoption  of  this  pro- 
vision, we  shall  give  to  the  agricultural  interest  a  prominence  and  per- 
manence in  this  State,  that  will  soon  be  known  and  appreciated  thrqughout 
the  whole  country. 

Mr.  Griffith.  It  is  enough  for  me  to  know  that  the  people  of  this 
Territory — Democrats  and  Republicans — demand  at  our  hands  that  this 
body  shall  secure  for  them  a  liberal  homestead;  and  I  think,  if  we  adopt 
the  proposition  of  my  friend  from  Douglas  (Mr.  J.  B!ood),  the  people  will 
see  at  once  that  we  are  endeavoring  to  dodge  the  whole  question,  because 
that  would  place  it  in  the  power  of  the  Legislature  to  say  ten  acres,  or 
five  acres,  or  whatsoever  should  be  the  amount  of  the  exemption.  But 
while  I  am  opposed  to  the  substitute,  I  am  also  opposed  to  the  section  as 
it  now  stands.  I  would  strike  out  from  the  20th  and  21st  lines  these  words: 
"not  exceeding  in  value  ten  thousand  dollars,  or  in  lieu  thereof,  real,  per- 
sonal or  mixed  property  to  an  amount  not  exceeding  two  thousand  dollars." 

Mr.  J.  Blood's  amendment  was  rejected — affirmative  13,  negative  25. 


310  Convention  Proceedings  and  Debates. 

Mr.  Burnett  proposed  to  strike  out  the  word  "or,  in  lieu  thereof,  real, 
personal,  or  mixed  property  to  the  amount  of  two  thousand  dollars." 
When  these  words  shall  be  stricken  out,  he  said,  the  section  will  be  the 
same  as  in  the  Leavenworth  Constitution. 

It  was  not  seconded. 

Mr.  Blunt  offered  as  a  substitute  the  following: 

"The  Legislature  shall  provide  by  law  for  the  exemption  from  forced 
sale,  except  for  taxes,  of  real  or  personal  property  not  less  in  value  than 
seven  hundred  dollars  for  each  head  of  a  family." 

Mr.  Blood.  Mr.  Chairman,  while  I  am  in  favor  of  a  homestead  law,  I 
am  not  in  favor  of  the  proposition  of  the  committee  nor  of  that  of  the 
gentleman  from  Bourbon.  I  think  it  very  proper  that  we  should  provide 
here  for  an  exemption  law.  I  am  opposed  to  the  proposition,  that  160 
acres  of  land  shall  be  exempted,  because  it  is  not  specific  in  character,  and 
would  operate  unfairly  and  unjustly.  For  instance,  one  man  might  have 
his  160  acres  of  land  situated  near  the  city  of  Leavenworth,  that  might  be 
worth  twenty  or  twenty-five  thousand  dollars,  and  he  would  have  exempted 
from  execution  that  amount  of  property,  whirh  could  not  be  made  avail- 
able for  the  payment  of  his  honest  debts;  whilst  another  man  might  have 
his  quarter  section  of  land  in  the  interior,  where  it  might  not  be  worth 
more  than  three  or  four  hundred  dollars.  Consequently,  whilst  one  man 
may  have  exempted  his  thirty  or  forty  thousand  dollars,  another  man's 
exemption  will  not  exceed  three  or  four  hundred  dollars.  I  know,  that  in 
the  Leavenworth  Constitution  this  feature  was  objected  to  by  many — not 
that  they  were  opposed  to  exemption,  but  because  it  was  not  specific  in  its 
character.  And  I  believe,  if  such  a  provision  is  inserted  into  this  Constitu- 
[*213]  tion  *that  in  the  county  I  represent  a  great  many  votes  will 
be  polled  asainst  it  from  this  very  fact.  Nor  am  I  in  favor  of  confining 
the  benefits  of  exemption  to  those  owning  real  estate  only.  I  think  that 
they  should  be  extended  to  all  classes,  and  that  the  amount — the  minimum 
amount  which  the  Legislature  may  pass  upon  should  be  fixed,  so  that  the 
person  to  be  benefitted  may  take  his  choice  between  an  exemption  of  real 
estate  and  personal  property.  Because  there  are  people  who  own  no  real 
estate — many  mechanics  and  industrious  working  men,  who  never  own  any 
real  estate.  And  for  one,  I  do  not  propose  to  cut  off  this  class  of  worthy 
citizens  from  the  benefits  of  an  exemption  law,  and  permit  the  law  to 
strip  them,  whilst  the  man  who  has  invested  in  real  estate  is  protected  by 
the  law. 

Mr.  Houston.  Mr.  Chairman,  it  is  impossible  to  adopt  any  great 
principle  of  law  that  shall  be  free  from  all  difficulty.  The  gentleman  him- 
self proposes  to  exempt  $700.  My  opinion  is  that  a  quarter  section  of 
land  in  this  Territory  will  not  generally  sell  for  more  than  $500;  so  the 
gentleman  proposes  really  to  go  further  than  we  do.  At  all  events,  if 
$700  will  buy  a  majority  of  the  farms  in  the  Territory,  his  proposition 
effects  nothing  in  the  way  of  reducing  the  exemption.  But  the  gentleman 
from  Douglas  may  own  his  quarter  section  near  some  town  or  city,  and 
such  a  man  may  be  rich,  and  still  his  property  cannot  be  touched.  But 
should  the  great  interest  of  agriculture  be  nedected,  because  there  are 
a  few  such  cases?  Should  we  not  rather  hold  out  inducements  to  the 
people  to  enlarge  the  agricultural  interest?  It  is  the  true  policy  of  the 
State  to  foster  the  agricultural  interest — to  give  it  strength  and  permanence, 
in  order  that  the  mechanics,  lawyers,  doctors  and  merchants  may  have 
something  to  subsist  upon.    The  gentleman  says  he  wants  to  have  all  men 


Tuesday,  July  19,  1859.  311 

share  equally  in  the  benefits  of  this  exemption;  and  he  objects  to  this 
because  there  are  niany  landless — many  who  prefer  to  rent,  and  never 
own  land.  There  may  be  a  difficulty  here.  But  I  think  the  Legislature 
can  provide  for  that.  And  I  think  here,  that  the  agricultural  interests  are 
so  transcendently  important  that  they  merit  our  special  attention. 

Mr.  Griffith.  The  object,  sir,  is  not  [to]  throw  obstructions  in  the 
way  of  the  creditor  collecting  his  debts.  I  would  be  the  last  man  to 
advocate  such  a  thing.  But  we  desire  this  homestead  clause,  because  we 
wish  to  see  recognized  the  broad  principle  of  every  man's  right  to  his 
home,  and  because  we  wish  the  family — the  wife  and  children  protected 
from  the  effects  of  imprudence  and  from  misfortune,  and  because  we  do 
not  wish  to  throw  the  helpless  completely  into  the  power  of  the  crechtor. 
I  am  opposed  to  the  exemption  of  personal  property.  I  believe  that  per- 
sonal property  and  moral  worth  should  be  a  man's  means  of  credit,  and 
not  his  home,  which  is  for  the  well  being  of  his  wife  and  children.  I  hope 
the  Convention  will  accord  the  right  to  every  family  to  have  a  home  that 
shall  be  protected  against  misfortune.  I  think  the  people  demand  this 
at  our  hands;  and,  sir,  if  we  dodge  this  issue  by  referring  this  principle 
entirely  to  the  Legislature,  or  by  incorporating  a  worthless  principle,  I 
think  we  shall  be  held  to  an  account  for  it.  I  do  not  care  so  much  what 
may  be  the  specific  value  of  the  homestead.  We  labor  for  the  protection 
of  the  home  of  the  family,  let  it  be  worth  more  or  less. 

Mr.  Lamb.  Mr.  Chairman,  I  am  instructed  by  my  constituents  to 
throw  my  little  influence  in  favor  of  a  homestead,  and  my  reason  for 
doing  so  is  about  this:  we  consider  that  every  individual  is  entitled  to 
the  air  he  breathes,  the  water  he  drinks,  and  to  some  place  on  God's  green 
earth  that  he  may  call  his  home.  Some  seem  to  conclude,  that  if  there  is 
granted  to  every  man  the  legal  protection  of  a  home  for  his  family,  there 
will  be  no  chance  for  his  creditors.  Mr.  Chairman,  I  look  upon  it  in  a 
different  hght.  If  there  shall  be  a  homestead  granted  to  every  citizen  of 
Kansas,  as  in  this  proposition,  the  merchant  must  be  aware  of  that  fact — 
[*214]  must  be  aware  that  the  homestead  is  not  comeatable  for  *debts 
under  the  laws — and  so,  if  he  credits  a  man,  it  must  be  upon  his  honor — 
and  that  is  the  true  foundation  of  credit.  For,  if  I  violate  my  word,  my 
credit  is  gone,  and  consequently,  when  I  come  to  get  credit  again,  the  trader 
says:  "No,  sir;  you  have  fooled  me  once,  and  you  cannot  get  any  more 
credit  here."  Taking  these  considerations — that  every  family  will  be  secure 
of  a  permanent  home,  and  that  there  will  be  less  htigation  in  the  country, 
I  shall  support  this  section. 

Mr.  Preston.  Mr.  Chairman,  I  am  in  favor  of  the  Homestead  prin- 
ciple; and  would  be  in  favor  of  some  amendment  to  this  section,  which 
would  show  no  discrimination  between  men  owning  farms,  and  those  who 
follow  other  pursuits.  I  would  ask,  if  a  man  follow  a  mechanical  business 
in  preference  to  a  life  on  a  farm — if  he  is  not  entitled  to  a  support  as 
much  as  the  man  who  cultivates  the  soil?  It  seems  to  me  that  if  we  strike 
out  the  exemption  of  personal  property,  we  shall  make  an  unjust  discrimi- 
nation between  the  man  of  agricultural  pursuits  and  the  mechanic  and 
laborer.  I  am  not  in  favor  of  that.  Neither  am  I  in  favor  of  the  proposi- 
tion of  the  gentleman  from  Anderson  (Mr.  Blunt)  because  it  does  not 
look  to  the  protection  of  the  agricultural  interests.  It  is  true  that  the 
provision  reported  will  work  unequally  in  the  case  of  men  living  near 
towns  and  cities,  yet  in  the  great  majority  of  cases  it  would  not  be  subject 
to  this  objection,  and  it  is  proper  that  the  agriculturalists,  who  form  and 
constitute  the  wealth  and  greatness  of  the  State,  should  be  especially  bene- 


312  Convention  Proceedings  and  Debates. 

fited  by  this  law:  and  it  is  also  a  good  provision  which  secures  the  home- 
stead from  alienation,  except  by  the  consent  of  the  wife. 

Mr.  J.  Blood.  Mr.  Chairman,  I  offered  my  amendment,  not  because  I 
was  opposed  to  a  liberal  exemption,  but  because  I  cannot  believe  it  is  proper 
to  insert  into  the  Constitution  any  proposition  which  might  be  just  as 
properly  left  to  the  Legislature.  In  fact,  I  believe  I  would  myself  be  in 
favor  of  abolishing  all  laws  for  the  collection  of  debts.  I  believe  it  would 
be  better  for  the  people  of  the  State  in  common — both  for  the  debtor  and 
the  creditor — if  there  were  no  laws  for  the  collection  of  debts.  But  my  sub- 
stitute was  not  offered  in  consequence  of  any  hostility  toward  a  liberal 
homestead  exemption.  I  agree  with  the  gentleman  from  Shawnee  (Mr. 
Greer)  that  mechanics  and  others,  not  owners  of  real  estate,  are  entitled 
to  an  exemption  to  a  reasonable  amount.  T  have  no  special  objection  to 
the  section  reported,  if  its  benefit  be  extended  to  this  class — and,  if  such  a 
provision  must  be  inserted  in  the  Constitution. 

Mr.  Burnett.  Mr.  Chairman,  the  gentleman  from  Shawnee  (Mr. 
Greer)  says  there  is  nothing  here  for  the  protection  of  the  mechanic  and 
the  merchant,  but  I  see  here  this  clause:  "or  a  house  and  lot,  not  exceed- 
ing two  thousand  dollars  in  value."  If  a  man  live  in  town,  and  carry  on 
his  business  in  a  town  or  city,  and  chooses  to  put  his  property  into  this 
shape,  here  is  a  provision  that  applies  to  his  case.  I  take  it,  sir,  that  the 
idea  of  a  homestead,  is  a  home  for  the  family,  and  if  a  man  does  not  choose 
to  avail  himself  of  the  privilege  and  benefit  of  the  law,  who  is  to  blame  but 
himself?    Certainly,  it  is  not  the  law. 

Mr.  Blunt's  amendment  was  rejected,  and  the  question  recurred  on  Mr. 
Winchell's. 

Mr.  President  Winchell.  Mr.  Chairman,  in  offering  my  amend- 
ment, I  did  not  intend  that  it  should  work  injustice.  I  should  be  in  favor 
of  any  clause  by  which  this  provision  could  be  made  to  apply  to  families; 
and  as  it  occurs  to  me  that  my  amendment  might  prove  injurious  in  the 
case  of  widows  and  widowers,  I  therefore  ask  leave  of  the  Convention  to 
withdraw  it. 

Mr.  Griffith  proposed  to  amend,  by  inserting  after  the  word  "land," 
in  the  19th  line  of  the  report,  these  words:  "or  used  for  agricultural  pur- 
poses." 

[*215]     *Mr.  Winchell.     Does  not  the  word  "homestead"  sufficiently 
define  the  word  "land?" 

Mr.  Thacher.  Mr.  Chairman,  the  object  to  be  gained  here  is  this — 
and  the  argument  of  those  opposed  to  the  homestead  show  it — it  proceeds 
upon  the  supposition  that  every  man  ought  to  have  a  home — a  sufficient 
amount  of  land  to  secure  his  family  from  want  on  account  of  forced  sale 
on  execution.  But  a  man  should  not  be  permitted  to  exempt  too  much 
under  the  guise  of  a  homestead.  I  should  be  loth  to  see  the  section  pass 
in  this  shape,  because  it  protects  property,  under  the  guise  of  a  home- 
stead, which  is  not  a  homestead.  I  should  prefer  the  exemption  of  land  to 
the  value  of  two  thousand  dollars.  Most  farms  of  one  hundred  and  sixty 
acres,  five  years  hence,  will  be  worth  more  than  two  thousand  dollars.  I 
would  rather  abolish  all  laws  for  the  collection  of  debts,  than  that  the  sec- 
tion should  pass  in  its  present  shape.  I  think  a  two  thousand  dollar  ex- 
emption would  be  ample,  and  more  than  ample  in  most  cases.  It  is  greater 
than  the  exemption  of  any  State  in  the  Union.  I  think,  also,  that  it  should 
be  a  homestead,  proper,  and  not  all  sorts  of  property.    We  ought  not  to 


Tuesday,  July  19,  1859.  313 

allow  a  man  to  gather  around  him  horses  and  cattle,  and  call  such  a  home- 
stead, 

Mr.  President  Winchell.  Mr.  Chairman,  I  have  a  word  to  say  in 
favor  of  the  homeless.  I  have  always  been  in  favor  of  providing  a  liberal 
homestead  for  all.  I  am  not,  however,  in  favor  of  indicating  here  how 
much  that  exemption  shall  be.  I  would  place  the  right  of  a  man  to  the 
soil,  on  the  broad  basis  of  a  boon  or  a  blessing,  which  shall  remain  to  a 
certain  extent  above  the  power  of  legislation;  and  I  would  secure  an  un- 
limited homestead,  so  far  as  value  goes,  because  a  man's  right  to  his  home 
is  inalienable.  It  should  be  so  much  land — it  matters  not  whether  the 
value  is  one  dollar  or  one  thousand  dollars  per  acre.  He  obtains  no  more 
than  a  subsistence  in  either  case.  Sir,  I  am  in  favor  of  homes  for  all — 
homesteads  for  all.  At  the  same  time,  I  am  not  in  favor  of  enacting  an 
exemption  law  under  this  head.    That  is  a  matter  with  the  Legislature. 

Mr.  Wrigley  offered  as  a  substitute  the  following: 

"Exemption  laws  from  forced  sale  under  any  process  of  law  shall  only 
accrue  to  the  benefit  of  resident  householders;  and  in  no  case  shall  an 
amount  of  property,  real,  personal  or  mixed,  of  value  exceeding  one 
thousand  dollars,  be  so  exempted;  but  no  property  shall  be  so  exempted 
from  sale  for  taxes  or  for  the  payment  of  obligations  contracted  for  the 
purchase  of  said  premises,  or  the  erection  of  buildings  thereon." 

Mr.  Hutchinson  moved  to  lay  it  on  the  table. 

The  Chair  decided  that  a  motion  to  lay  an  amendment  on  the  table, 
carried  with  it  all  the  amendments. 

Mr.  Thacher.    I  appeal  from  that  decision. 

The  House  divided  on  the  appeal — affirmative  8,  negative  15 — no 
quorum  voting. 

The  Chairman.  The  Chair  is  not  sustained,  neither  is  Jefferson.  (Jef- 
ferson's Manual.) 

Mr.  Hutchinson.    I  withdraw  the  motion  to  lay  on  the  table. 

Mr.  President  Winchell.  I  rise  to  a  point  of  order.  The  point  I  wish 
to  make  is,  whether  there  is  any  table  in  committee  of  the  whole,  under 
our  rules? 

The  Chairman.  I  presume  that  the  precedents  we  have  ourselves  estab- 
lished should  be  adhered  to,  in  the  absence  of  any  positive  rule  to  the  con- 
trary, and  the  Chair  will  so  hold. 

Mr.  Wrigley.  Mr.  Chairman,  I  did  not  think  there  was  anything  so 
monstrous  in  my  proposition  as  to  induce  any  gentleman  to  manifest  a  de- 
sire to  lay  it  on  the  table.  I  think  it  embraces  the  correct  doctrine.  I  will 
read  it  again.  (Reads).  Sir,  I  am  in  favor  of  this.  I  think  the  original 
proposition  is  decidedly  mischievous  in  its  character.  Let  us  look  at  it. 
Every  member,  I  presume,  will  agree  with  me,  that  it  is  not  the  province 
[*216]  *of  this  Convention  to  legislate  but  to  define  the  powers  and 
duties  of  legislation,  and  there  its  duties  terminate.  And  I  think  it  must  be 
apparent  to  every  member,  that  this  is  an  act  of  legislation — that  passing  a 
homestead  bill  is  legislation,  and  not  matter  of  Constitutional  enactment. 
And  then,  what  would  be  the  effect  of  such  a  law,  suppose  it  to  be  in- 
corporated into  the  Constitution? — a  homestead  of  one  hundred  and  sixty 
acres,  or  else  a  house  and  lot,  not  exceeding  two  thousand  dollars  in  value? 
Suppose  that  one  hundred  and  sixty  acres  should  lie  adjoining  the  city  of 
Leavenworth — there  would  be  a  property  of  the  value  of  fifteen  or  twenty 
thousand   dollars   exempt   from   execution.     It   makes   no   discrimination 


314  Convention  Proceedings  and  Debates. 

between  the  value  of  lands  exempted  in  different  localities.  I  entirely 
agree  that  that  provision  of  law  should  be  made  to  protect  the  home  of  the 
family  of  every  bona  fide  resident,  yet  I  think  that  a  homestead  law  should 
be  general  and  equal  and  uniform  in  its  operation,  and  that  no  such  law 
should  exempt  property  of  more  value  in  one  man's  hands  than  in  another's. 
But,  sir,  under  the  provision  reported,  you  might  have  your  one  hundred 
and  sixty  acres,  worth  fifty  thousand  dollars,  exempted,  whilst  mine  might 
not  be  worth  one  thousand;  and  you  might  be  wealthy,  with  money  in 
bank,  and  although  you  might  be  owing  ten  thousand  dollars,  it  could  not 
be  collected,  and  your  fortune  in  money  and  lands  could  not  be  touched.  It 
seems  to  me,  sir,  that  whatever  homestead  law  is  passed,  it  should  be  with 
restrictions — such  as  shall  make  it  uniform  in  its  operation,  exempting  an 
equal  amount  of  property  in  all  cases.  I  think,  sir,  it  is  manifest,  that  this 
section  exempts  too  much — that  so  large  an  exemption  would  operate  in- 
juriously, by  rendering  it  impossible  to  collect  debts.  It  would  ruin  the 
credit  and  close  up  the  business  of  many  a  worthy  and  enterprisinq:  man. 
It  has  been  said  by  gentlemen  in  favor  of  this  provision,  that  it  would  pre- 
vent the  collection  of  debts  contracted  after  a  certain  time.  I  have  no 
doubt  that  its  operation  might  prove  beneficial  to  perhaps  a  majority  of 
the  members  of  this  body.  I  know  it  would  be  a  benefit  to  me.  But  the 
question  might  still  arise,  whether  such  a  sweeping  exemption  would  be  a 
wholesome  provision  for  all.  But  my  substitute,  while  it  leaves  it  in  the 
power  of  the  Legislature  to  exempt  a  suitable  homestead,  restricts  them  so 
that  they  shall  not  exempt  property  to  such  an  extent  as  to  prevent  the 
collection  of  debts.  I  believe  that  the  proposition  I  have  offered  would 
authorize  an  exemption  as  liberal  as  that  of  any  State  in  the  Union.  I 
know  that  in  the  State  of  Indiana  only  three  hundred  dollars  are  exempted 
— and  this  question  has  been  considered  there  for  many  years,  both  before 
and  since  the  adoption  of  their  new  Constitution.  Aly  provision  would 
authorize  a  suitable  homestead  exemption,  and  at  the  same  time  restrict 
improvident  action  of  the  Legislature  in  this  direction.  It  is  strictly  a 
constitutional  provision,  devoid  of  anything  that  can  be  called  legislation  on 
the  subject. 

Mr.  Stiarwalt.  Mr.  Chairman,  I  shall  vote  against  the  substitute,  for 
the  reason  that  it  would  give  no  man  a  homestead.  It  would  exempt  a 
thousand  dollars;  but  if  a  man's  home  were  worth  twelve  hundred  dollars,  it 
would  sell  him  out.  I  say,  sir,  if  a  man  is  to  have  a  homestead,  let  him 
have  it — let  it  be  his  own.  I  am  not  in  favor  of  exempting  one  hundred 
and  sixty  acres,  but  I  would  be  in  favor  of  half  that — I  would  exempt  eighty 
acres;  and,  sir,  if  he  has  been  so  fortunate  as  to  get  his  land  in  a  good 
place,  it  does  not  amount  to  anything  how  he  got  it,  or  where  he  has  it. 
I  would  like  to  have  a  homestead  law.  But  if  we  cannot  get  that,  let  it  be 
an  exemption  law.  Let  us  not  tell  the  people  we  have  a  homestead,  when 
it  is  not  permitted  that  a  homestead  may  be  authorized. 

Mr.  Griffith.  Mr.  Chairman,  I  want  to  offer  a  few  reasons  why  I 
[*217]  shall  not  go  for  the  propo*.sition  of  the  gentleman  from  Doniphan 
(Mr.  Wrigley).  I  believe  the  exempted  land  should  not  be  made  an  object 
of  speculation.  I  believe  that  a  homestead  of  40  acres  should  be  exempted 
from  every  kind  of  legal  process.  And  I  fancy  that  there  could  be  no 
better  state  of  society  formed  than  that  which  would  allow  every  family 
to  possess  40  acres  of  well  cultivated  land.  But  the  amendment  does  not 
propose  to  exempt  land.  I  wish  gentlemen  to  discriminate  between  the 
amendment  of  the  gentleman  from  Doniphan  and  the  original  section. 
The  gentleman  from  Doniphan  presents  an  exemption  law,  whilst  the  propo- 
sition of  the  Committee  presents  a  homestead  law.    This  is  the  difference 


Tuesday,  July  19,  1859.  315 

between  the  two;  and  I  hope  the  Convention  will  place  itself  upon  the 
broad  principle,  that  every  family  in  the  State  ought  to  be  piotected  in 
the  possession  of  a  homestead.  Another  objection  is,  that  the  amendment 
does  not  recognize  the  joint  ri^ht  of  the  husband  and  wife.  The  propo- 
sition of  the  gentleman  from  Doniphan  recognizes  no  such  principle:  and 
I  hope  the  Convention  will  recognize  the  wife's  right  to  the  actual  control 
of  the  homestead.  I  hope  we  shall  be  liberal  enough  to  see  that  the  mother 
of  the  family  shall  have  a  voice  in  the  alienation  of  the  homestead,  and 
that  we  shall  not  leave  this  to  the  rapacity  of  legislation. 

Mr.  President  Wixchell.  Mr.  Chairman,  I  desire  to  call  attention  to 
another  wide  distinction  between  the  amendment  of  the  gentleman  from 
Doniphan  and  the  section  in  the  report.  The  proposition  of  the  gentlenaan 
from  Doniphan  is  altogether  restrictive  in  its  character.  It  is  the  spirit  of 
the  section,  as  it  stands  here  in  the  report,  and  to  which  the  Convention 
has  agreed,  that  the  family  shall  be  protected  in  the  enjoyment  of  a  home. 
The  gentleman's  proposition  restricts  the  Legislature,  and  provides  that 
they  shall  pass  an  exemption  law,  not  above  a  certain  amount.  The  one 
contains  the  guarantee  of  a  home  to  be  protected  by  law,  whilst  the  other 
is  altOTether  restrictive — intended  to  limit  the  action  of  the  Legislature, 
and  in  fact  defeat  the  measure. 

Mr.  Wrigley's  amendment  was  rejected. 

The  question  recurring  on  the  motion  of  Mr.  Burnett  to  strike  out  cer- 
tain words,  it  was  agreed  to. 

Mr.  Foster  submitted  the  following  by  way  of  substitute: 

"The  homestead  of  a  family,  not  exceeding  SO  acres  and  not  included  in 
any  city  or  village,  nor  exceeding  one  thousand  dollars  in  value,  or  instead 
thereof,  any  lot  or  lots  in  any  city  or  village,  being  the  homestead  of  a 
family,  and  not  exceeding  in  value  one  thousand  dollars,  shall  not  be  sub- 
ject to  forced  sale  on  execution  for  any  debt  or  debts  contracted  after  the 
adoption  of  this  Constitution;  Provided,  no  such  property  shall  be  exempt 
from  sale  for  taxes,  nor  shall  in  any  manner  affect  any  mechanics'  or 
laborers'  lien,  or  any  mortgage  thereon  lawfully  obtained." 

Mr.  Hutchinson.  ]\Ir.  Chairman,  we  are  now  providing  for  a  home- 
stead law,  and  this  is  widely  another  thing.  It  proposes,  not  a  home- 
stead, but  an  exemption  law.  Have  not  the  committee  decided  whether  we 
will  have  a  homestead  or  an  exemption  law  ? 

Mr.  Griffith.  Mr.  Chairman,  I  see  here  the  same  objection  I  had  to 
the  proposition  of  the  gentleman  from  Doniphan — that  is,  the  exclusion  of 
the  voice  of  the  wife  in  the  alienation  of  this  property.  I  hope  the  Conven- 
tion will  take  the  position  that  the  woman,  as  well  as  the  man,  shall  have  a 
voice  in  this  matter.  I  hope  that  we  shall  take  the  position  that  a  reckless, 
drunken  husband  shall  not  have  the  power  to  alienate  the  home  of  his 
family.  Many  a  man  takes  advantage  of  this  power.  But  I  hold,  sir,  that 
we  should  adopt  a  different  principle.  The  object  is  to  protect  the  poor, 
the  weak,  the  orphan  children  and  the  destitute  mother  of  the  family,  and 
I  hope  the  Convention  will  not  adopt  any  proposition  that  does  not  broadly 
reco^nize  this  principle. 

Mr.  Foster's  amendment  was  rejected. 
[*218]     *Mr.  Stinson  proposed  to  amend  the  section  by  adding  the  fol- 
lowing : 

"Provided,  such  exemption  shall  not  operate  until  the  person  claiming 
the  benefit  of  the  same  shall  record  on  the  Deed  Book  of  the  Register's  office 
in  the  county  where  the  property  to  be  exempted  is  situated,  a  description 


316  Convention  Proceedings  and  Debates. 

of  said  property  sought  to  be  exempted,  and  a  notice, of  the  intention  of 
such  person  to  claim  the  benefit  of  such  exemption,  and  such  exemption 
shall  not  apply  to  debts  contracted  prior  to  the  time  of  such  record." 

Mr.  Hutchinson.  Mr.  Chairman,  I  move  to  amend  the  amendment  by 
striking  out  the  last  member  of  the  last  sentence:  "and  such  exemption 
shall  not  applj'  to  debts  contracted  prior  to  the  time  of  such  record." 

There  was  no  second. 

Mr.  President  Winchell.  Mr.  Chairman,  I  was  at  first  rather  in  favor 
of  this  amendment  of  the  gentleman  from  Leavenworth  (Mr.  Stinson).  It 
seems  to  me  no  more  than  reasonable  that  pubhc  notice  should  be  given  of 
the  intention  to  exempt  property.  But  when  I  reflect  that  the  object  is  to 
protect  the  family,  and  not  the  head  of  the  family  merely — and  when  I 
reflect  that,  in  a  majority  of  cases,  the  head  of  a  family  most  needing  this 
protection,  through  carelessness  might  neglect  the  proposed  registry,  it 
seems  to  me  that  the  amendment  would  be  tantamount  to  a  defeat  of  the 
proposition.  I  am  also  informed  of  the  practical  working  of  this  very 
feature,  in  the  State  of  AJaine,  by  a  gentleman  who  hails  from  that  State — 
that  practically  it  prevents  the  operation  of  the  homestead  law,  because 
the  registry  is  not  attended  to.    I  therefore  oppose  the  amendment. 

The  proviso  was  rejected. 

Mr.  Thacher  moved  to  insert  the  words  "not  to  exceed  $2,000  in 
value." 

I\Ir.  Houston.  Mr.  Chairman,  I  hope  this  amendment  will  not  be 
adopted.  I  feel  an  earnestness  in  this  matter.  What  will  be  its  practical 
eflfect?  Instead  of  giving  permanency  and  value  to  the  homestead,  its 
effect  will  be  to  leave  all  to  the  uncertainties  of  legislation.  Suppose  you 
say  the  homestead  shall  not  exceed  a  certain  value;  will  not  the  man  who 
lives  on  his  land  and  is  involved  in  debt  be  compelled  to  curtail  his  im- 
provements for  fear  of  execution?  Yes,  sir,  his  place  will  go  into  dilapida- 
tion. What  is  the  object  of  giving  security  to  a  homestead?  It  is  to  give 
permanency.  Then  let  us  give  the  highest  possible  value  to  the  land  to  be 
exempted;  for  that  would  be  to  aid  the  great  agricultural  interest.  Sup- 
pose you  allow  me  one  hundred  and  sixty  acres  with  improvements,  and 
suppose  their  value  to  extend  to  810,000,  I  want  to  know  if  the  State  of 
Kansas  would  not  be  better  off.  Sir,  I  go  in  for  a  great  State  and  for  the 
encouragement  of  improvements — for  allowing  every  man  who  is  a  man  of 
taste  to  improve  his  house  to  the  utmost,  instead  of  compelling  him  to 
neslect  his  home.  I  do  not  want  to  make  Kansas  the  meanest  State  in  the 
Union. 

Mr.  Hubbard  submitted  the  following: 

"A  homestead  of  eighty  acres  of  land,  or  in  lieu  thereof  a  house  and  lot 
not  exceeding  in  value  one  thousand  dollars,  or  in  lieu  thereof  real,  personal 
or  mixed  propertj^  to  an  amount  not  exceeding  one  thousand  dollars" — and 
the  balance  of  the  section  as  read. 

It  was  laid  on  the  table. 

Mr.  Greer.  Mr.  Chairman,  I  move  to  strike  out  the  words  "belonging 
to  any  one  family"  and  insert  "belonging  to  the  head  of  a  family."  I  do 
this  for  the  reason  that  I  conceive,  in  the  legal  construction  of  this  language, 
that  the  homestead  belonging  to  any  one  family  would  not  cover  the  land 
as  belonging  to  the  family. 

The  amendment  was  agreed  to. 

Mr.  Ross.  Mr.  Chairman,  I  move  to  insert  in  hne  19,  after  the  word 
"law,"  these  words:  "with  the  improvements  thereon." 


Tuesday,  July  19,  1859.  317 

Mr.  President  Winchell.  Mr.  Chairman,  I  move  to  reconsider  the 
[*219]  vote  by  which  the  words  *"any  one  family"  were  stricken  out. 
I  desire  to  know  whether  the  phrase  "head  of  a  family"  does  not  apply  to  a 
single  man  or  a  single  woman?  The  opinions  of  lawyers,  it  seems  to  me, 
divide  upon  this  question.  I  made  inquiry  of  a  lawyer  as  to  whether  a 
young,  unmarried  man  could  be  regarded  in  law  as  the  head  of  a  family, 
and  he  assured  me  that  he  could  not.  Another  lawyer  gave  it  as  his  opinion 
that  he  was,  and  so  1  became  very  much  confused  in  my  judgment  about 
this.  It  seems  to  me,  however,  that  if  it  is  proper  for  an  unmarried  man 
to  have  a  homestead,  it  is  entirely  right  and  proper  that  an  unmarried 
woman  should  have  the  same  right.  1  desire  to  have  this  legal  question 
settled. 

Mr.  Wrigley.  Mr.  Chairman,  if  I  were  consulted  on  the  case  I  should 
say  that  in  my  judgment  a  single  man  may  be  the  head  of  a  family. 

The  vote  was  considered,^  and  Mr.  Greer's  amendment  was  rejected. 

Mr.  McDowell  offered  the  following  by  way  of  substitute: 

"The  Legislature  shall  provide  by  law  for  the  exemption  of  forced  sale, 
except  for  taxes,  mechanics  hen  and  mortgages  or  other  lien  for  the  pur- 
chase of  many  a  homestead,  to  every  head  of  a  family,  not  exceeding  in 
value  two  thousand  dollars." 

It  was  laid  on  the  table. 

Mr.  Stinson  offered  the  following  by  way  of  substitute: 

"The  Legislature  shall  pass  a  reasonable  homestead  exemption  law,  and 
may  pass  other  reasonable  exemption  laws." 

Mr.  Stinson.  The  difference  between  this  and  the  other  substitute  is, 
that  mine  gives  a  reasonable  discretion  to  the  Legislature  in  relation  to  the 
passage  of  an  exemption  law,  and  is  mandatory  with  regard  to  a  home- 
stead exemption;  whilst  the  other  is  merely  peremptory  in  requiring  the 
passage  of  an  exemption  law. 

Mr.  KiNGM.\N.  If  the  President  of  this  Convention,  before  this  com- 
mittee, was  in  doubt  as  to  the  legal  significance  of  the  language  of  this 
section,  it  might  be  easily  presumed  that  one  of  the  humblest  members  of 
this  body  might  be  in  the  same  condition  with  regard  to  the  amendment. 
I  should  Uke  to  know  what  a  reasonable  homestead  would  be?  In  the 
opinion  of  the  gentleman  from  Doniphan  (Mr.  Wrigley)  it  is  eighty  acres 
of  land.  In  the  opinion  of  the  gentleman  from  Bourbon  (Mr.  Griffith)  it 
is  one  hundred  and  sixty  acres.  It  seems,  sir,  that  a  good  deal  would  de- 
pend upon  the  particular  notions  of  gentlemen  in  their  decisions  upon  this 
que.stion.  I  am  afraid,  sir,  that  this  whole  section  is  defective  for  want  of 
that  certainty  in  construction  and  meaning  which  should  characterize  all 
legal  enactments. 

The  substitute  was  laid  on  the  table. 

Mr.  Th.^cher.  It  seems  to  me  that  as  the  section  now  stands  the  man 
and  wife  may  give  a  mortgage  on  their  land,  and  yet  it  would  be  impossible 
to  sell  it  under  process  of  foreclosure.  Therefore  I  \\'ish  a  clause  to  be 
added  to  this  effect:  that  the  exemption  shall  not  extend  so  far  as  to 
invahdate  a  mortgage  or  lien.    I  would  add  these  words: 

"Provided,  That  the  provisions  of  this  section  shall  not  apply  to  any 
process  of  law  obtained  in  virtue  of  a  hen  given  by  the  consent  of  both  hus- 
band and  wife." 

'  Note. — Probably  "reconsidprpd,"  as  the  motion  was  to  reconsider  the  vote  by  which 
Mr.  Greer's  amendment  was  adopted. — Ed. 


318  Convention  Proceedings  and  Debates. 

Mr.  Kingman.  Mr.  Chairman,  I  have  an  argument  against  this.  Gen- 
tlemen do  not  seem  to  take  the  distinction  between  a  homestead  and  an 
exemption  law.  The  object  of  a  homestead  law  is  very  unlike  that  of  an 
exemption  law.  And  I  think  the  amendment  proposed  is  calculated  to  de- 
feat the  homestead  principle.  I  think  tliat  is  its  object.  It  is  within  the 
recollection  of  many  when  it  was  the  settled  policy  of  many  of  the  States, 
that  the  land  should  not  be  subject  to  sale  for  the  payment  of  debts.  But 
the  commercial  interests  of  the  country  by  their  power  and  skill  produced 
a  change  which  has  subjected  the  farms  and  homes  of  the  people  to  be  sold 
under  execution,  and  so  nearly  converted  our  people  into  a  class  of  nomads. 
[*220]  I  want,  if  possible,  to  ^restore  the  old  policy — to  change  back 
again — so  that  every  man  or  woman,  if  he  plants  a  tree  or  she  cultivates  a 
rose — that  both  may  beautify  and  adorn  their  homes  as  they  may  choose, 
and  have  the  benefit  of  the  protection  of  the  law.  But  if  we  put  it  in  the 
power  of  the  husband  or  the  fortunes  of  trade  to  convey  by  lien  or  mort- 
gage, the  grasping  creditor  will  take  away  the  homestead.  I  want  to  sep- 
arate this  subject  from  anything  Uke  the  consideration  of  an  exemption 
law.  I  approach  this  as  a  great  measure  which  rises  above  all  considera- 
tions of  the  rights  of  debtor  and  creditor.  I  abhor  an  exemption  law.  This 
is  not  of  the  same  nature.  This  is  to  go  forth,  the  promulgation  of  a  great 
principle,  that  shall  encourage  the  cultivation  of  the  soil.  The  case  was 
well  illustrated  by  the  gentleman  from  Ri'ev  (Mr.  Houston);  and  though 
it  v/ould  be  impossible  for  me  to  emulate  the  flights  of  his  fancy  and  the 
boldness  and  strength  of  his  doctrine,  I  am  not  therefore  restricted  as  to 
my  full  share  of  feeling  and  anxiety  for  the  success  of  this  most  important 
measure. 

Mr.  Greer.  Mr.  Chairman,  if  it  is  understood  that  the  homestead  ex- 
emption has  the  legal  effect  to  take  away  from  the  family  the  power  to  d's- 
pose  of  it,  then  any  conveyance,  whether  for  commercial  purposes  or  for 
any  other  account,  would  be  invalid.  Such  a  provision  would  be  equivalent 
to  a  surrender  of  the  title  of  the  owner,  or  to  give  a  mere  life  lease  with  the 
right  of  descent  to  the  offspring.  I  prefer  the  section  as  it  is.  There 
should  be  no  question  about  the  right  to  dispose  of  the  property. 

Mr.  Blunt.  Mr.  Chairman,  I  wish  to  inquire  whether  the  objection 
made  by  the  gentleman  from  Douglas  (Mr.  Thacher)  is  not  provided  for  in 
the  22d  line,  in  this  clause:  "and  shall  not  be  ahenated  without  the  consent 
of  the  husband  and  wife."  It  appears  to  me,  sir,  that  that  would  cover  the 
case  of  any  mortgage.  If  it  does  not,  however,  I  will  go  for  the  proposition 
of  the  gentleman  from  Douglas. 

Mr.  Stinson.  Mr.  Chairman,  I  hope  it  may  prevail,  if  for  no  other 
reason  to  relieve  the  people  from  debt! ! !  This  is  intended  and  will  go  so 
far  as  to  prevent  any  sale  under  process  of  law;  and  it  is  well  known  that 
in  the  case  of  a  mortga"-e  or  trust  deed  the  creditor  would  be  forced  into 
a  court  of  equity.  I  hold,  sir,  that  to  pass  this  would  be  an  act  of  oppres- 
sion against  those  petitioning  and  claiming  the  benefit  of  this  exemption: 
for  it  adds  a  disability  instead  of  giving  a  privilege. 

Mr.  J.  Blood  offered  as  a  substitute  for  the  section  the  following: 
"A  homestead  not  exceeding  one  hundred  and  ^  acres  of  land,  or  in 
lieu  thereof  a  house  and  lot  or  lots,  in  any  city  or  village,  owned  and 
occui)ied  by  any  resident  of  this  State,  shall  not  be  subject  to  forced  sale 
on  any  execution  for  any  debt  or  debts  growing  out  of,  or  founded  upon 
contract  either  express  or  implicit. 

'  Note. — Probably  he  omitted  the  word   "sixty." — Ed. 


Tuesday,  July  19,  1859.  319 

"Provided,  That  such  exemption  shall  not  effect  in  any  mortgage  thereon, 
lawfully  obtained;  nor  shall  the  owner,  if  a  married  man,  be  at  liberty  to 
alienate  such  homestead  unless  by  consent  of  his  wife." 

Mr.  Preston.  Mr.  Chairman,  I  do  not  see,  perhaps,  exactly  the  point 
in  the  amendment  of  the  gentleman  from  Douglas  (Mr.  J.  Blood) ;  but,  if 
I  do,  it  seems  to  me  entirely  out  of  place.  What  is  meant  by  this  phrase  in 
the  2d  line  of  the  original  report:  "and  shall  not  be  alienated  without  the 
just  consent  of  husband  and  wife"?  If  that  does  not  cover  the  ground 
asked  for,  I  do  not  know  what  meaning  we  are  to  attach  to  words. 

Mr.  Hutchinson.  Mr.  Chairman,  it  seems  to  me  this  word  "just"  is 
unnecessary,  for  we  are  obliged  to  suppose  that  whatever  is  legally  con- 
veyed is  just,  unless  we  can  conceive  of  an  unjust  consent. 

Mr.  Griffith.  Mr.  Chairman,  I  presume  it  is  a  misprint — that  it 
should  be  "without  the  joint  consent." 

Mr.  Thacher.  Mr.  Chairman,  the  first  clause  of  th's  section  provides 
[*221]  absolutely  that  one  hundred  and  sixty  acres  shall  be  exempt  *from 
forced  sale  under  any  process.  This  is  clear  and  explicit,  and  the  question 
is,  whether  any  difficulty  might  grow  out  of  what  follows;  for  these  are 
conditions  which  cannot  be  escaped.  The  next  clause  to  which  the  gentle- 
man refers,  if  it  really  does  mean  what  he  says,  and  the  courts  would  so 
construe,  I  should  not  have  offered  the  amendment.  But  with,  this  clause 
standing  as  it  does,  it  seems  to  me  as  if  any  lien  or  trust  that  might  be 
created  upon  the  homestead  would  be  governed  only  by  the  first  part  of 
the  section.  And  I  think  the  Convention  has  determined  that  a  homestead 
shall  not  be  alienated  in  any  way.  It  makes  no  difference  to  me,  sir,  but 
I  wish  the  Convention  to  say  whether  the  man  and  his  wife  cannot  give  a 
mortgage  that  shall  be  valid.    I  wish  the  expression  of  opinion  here. 

Mr.  Burnett.  Mr.  Chairman,  believing  the  word  "just"  here  is  a 
clerical  error,  which  ought  to  be  printed  "joint,"  it  seems  to  me  that  will 
ob\aate  the  gentleman's  difficulty. 

Mr.  President  Winchell.  Mr.  Chairman,  it  seems  to  me  that  after  a 
long  discussion  we  have  reduced  this  section  to  a  satisfactory  shape;  and 
that  we  should  not  now  introduce  new  propositions  involving  the  risk  of 
disarrangement  and  defeat  of  the  measure.  Hence  I  am  opposed  to  the 
amendment  of  the  gentleman  from  Douglas. 

On  motion  by  Mr.  Burnett,  the  amendments  were  laid  on  the  table — 
affirmative  17,  negative  16. 

Mr.  Ingalls  offered  as  an  amendment,  the  following: 

Insert  after  "law"  in  line  22: 

"Provided,  That  no  person  shall  ever  receive  the  benefits  of  this  pro- 
vision on  more  than  one  tract  of  land." 

Mr.  Ingalls.  Mr.  Chairman,  I  offer  this  amendment,  believing  that  it 
recognizes  a  principle  of  security  for  the  home,  which  will  favorably  affect 
the  agricultural  interest.  I  might  object  to  the  section  as  it  now  stands,  as 
being  subject  to  a  false  construction;  for  it  provides  that  the  land  shall  be 
exempted  from  forced  sale  under  any  process  of  law,  and  yet,  at  the  same 
time  it  provides  that  it  may  be  alienated  by  the  joint  consent  of  the  hus- 
band and  wife.  The  object  of  my  amendment  is  to  prevent  the  sale  of  the 
homestead  and  investing  the  proceeds  in  any  other  piece  of  land,  and  so 
far  preventing  alienation  by  confining  the  exemption  to  one  piece  of 
land. 

On  motion  by  Mr.  Hutchinson,  the  amendment  was  laid  on  the  table. 


320  Convention  Proceedings  and  Debates. 

j\'Ir.  McDowell.  Mr.  Chairman,  in  the  21st  line  are  these  words: 
■'belonging  to  any  one  family."  I  desire  to  ask  the  Chairman  of  the  Com- 
mittee that  made  this  report,  whether  he  intended  the  title  should  rest 
jointly  in  all  the  members  of  the  family,  or  whether  [he]  intended  it  should 
vest  in  the  head  of  the  family,  or  any  single  member  thereof?  I  think  there 
is  ambiguity  or  uncertainty  here,  and  that  the  clause  should  be  made  more 
definite  and  specific.  It  seems  to  me  that  it  should  belong  to  the  family, 
and  not  to  any  "one"  of  the  family. 

Mr.  Houston.  Mr.  Chairman,  I  do  not  know  that  the  attention  of  the 
committee  was  called  to  that.  We  do  not  claim  the  honor  of  originating 
the  section.  I  believe  it  is  borrowed  from  the  Leavenworth  or  the  Ohio 
Constitution.  I  voted  for  the  amendment  of  the  gentleman  from  Shawnee 
— to  make  it  the  head  of  the  family.  I  confess  that  perhaps  I  do  not  pre- 
cisely understand  the  legal  force  and  effect  of  the  language  employed,  and 
I  am  glad  that  the  attention  of  members  has  been  called  to  it. 

Mr.  J.  Blood.  Mr,  Chairman,  I  move  to  amend  the  section  by  striking 
out  the  words  "not  exceeding  two  thousand  dollars  in  value." 

Mr.  Thacher.  Mr.  Chairman,  I  move  to  strike  out  the  words  "by  law," 
so  that  it  will  read:  "shall  be  exempt  from  forced  sale  under  any  process  of 
law."  If  these  words  are  retained  the  clause  goes  upon  the  supposition 
that  the  Legislature  must  proceed  to  pass  a  law  whereby  the  homestead 
shall  be  exempted — whereas  we  are  making  a  positi^"e  provision  here  to 
that  effect. 
[*222]     *The  motion  was  agreed  to  and  the  words  were  stricken  out. 

IMr.  Greer  proposed  to  amend  further  by  striking  out  the  words  "be- 
longing to  one  family"  and  inserting  the  words  "to  be  selected  by  the  owner 
thereof." 

Mr.  PREsmENT  Winchell.  Mr.  Chairman,  it  appears  to  me  that  the 
words  "belonging  to  any  one  family"  cannot  strengthen  the  security  we 
desire  here.  I  cannot  conceive  how  a  homestead  of  one  hundred  and  sixty 
acres  can  belong  to  the  faction  of  a  family. 

Mr.  J.  Blood.  Mr.  Chairman,  I  move  to  amend  the  amendment  by 
striking  out  the  words  "to  be  selected  by  the  owner  thereof." 

The  amendment  to  the  amendment  was  agreed  to,  and  so  the  section  as 
amended  was  passed. 

On  motion  by  Mr.  Blunt  the  committee  now  rose,  and  the  Chairman 
reported  the  Article  with  these  several  amendments  to  the  Convention, 
recommending  their  adoption. 

On  motion  by  Mr.  Slough,  the  Article  and  amendments  were  taken  up. 

The  amendment  to  the  first  section  (Mr.  Kingman's)  was  read,  viz: 

"The  people  have  at  all  times  a  right  to  change,  alter  or  modify  their 
Constitution,  or  form  of  government,  in  any  manner  they  shall  see  proper." 

Mr.  Stinson.    Mr.  President,  I  move  to  strike  that  out. 

Mr.  Houston.  Mr.  President,  what  would  be  the  effect  of  a  provision 
of  this  sort  upon  that  other  provision  in  this  Article  pro\dding  for  a  par- 
ticular mode  and  manner  of  amendment  to  the  Constitution?  Here  it  is 
said  that  the  people  may  change,  alter  or  amend  their  Constitution  when- 
ever and  however  they  please.  I  would  be  glad  to  hear  gentlemen  explain 
how  these  would  harmonize. 

The  motion  was  agreed  to,  and  the  matter  was  stricken  out. 

The  first  section  was  then  read,  as  originally  reported. 


Tuesday,  July  19,  1859.  321 

Mr.  McDowell.  Mr.  President,  I  move  to  strike  out  "one  newspaper" 
and  insert  "two  newspapers." 

Mr.  Thacher.  How  would  the  gentleman  get  two  newspapers  when 
there  are  not  two  newspapers  published  in  the  county? 

There  was  no  second. 

On  motion  by  Mr.  Kingman,  '•ayes  and  noes"  were  changed  to  "yeas 
and  nays"  by  unanimous  consent. 

Mr.  Blunt  made  an  ineffectual  motion  to  strike  out  "two-thirds,"  in 
the  phrase  of  "two-thirds  of  all  the  members  elected  to  each  House,"  and 
insert  the  word  "majority"  in  lieu. 

The  section  was  then  passed. 

Section  2  was  read  and  passed  as  reported. 

The  homestead  section  was  then  read,  as  amended,  and  the  yeas  and 
nays  were  demanded  on  its  adoption. 

Mr.  Griffith.  Mr.  President,  I  wish  to  know  what  will  be  the  effect 
of  the  clause  introduced  by  the  gentleman  from  Douglas  (Mr.  J.  Blood) 
in  these  words:  "which  shall  be  selected  by  the  owner  thereof?"  Is  it 
that  the  owner  shall  make  his  selection  and  have  it  recorded?  I  rise 
simply  to  inquire  of  those  who  understand  the  legal  force  of  this  language. 
I  do  not  pretend  to  be  a  lawyer. 

Mr.  WnioLEY.     Mr.  President,  the  yeas  and  nays  having  been  called 
upon  the  adoption  of  this  section,  I  desire  to  say  that  I  shall  vote  aga-nst 
it:    and  I  desire  to  offer  a  few  reasons  why  I  shall  vote  against  it.    But 
I  do  not  believe  that  the  members  of  this  Convention  have  been  selected 
for  the  purpose  of  legislating  for  the  people  of  Kansas.     And  while  I 
perfectly  accord  the  right  of  exemption,  and  while   I   believe  it  is  the 
intention  and  desire  of  the  people  to  have  a  constitutional  provision  of 
this  kind,  yet,  for  my  part — and  I  speak  only  for  myself — I  have  no  hesi- 
tation in  entering  my  protest  against  it.    I  have  no  doubt  but  that,  tem- 
porarily, it  will  be  a  popular  measure.    But  I  am  one  of  those  who  believe 
that   the  members   of  this  Convention  occupy  a  position   which  should 
[*223]     *not  be  affected  by  any  mere  feeling  of  temporary',  popular  ex- 
citement.    We  should  confine  ourselves  to  the  duties  devolved  upon  us. 
We  should  not  wander  away  from  our  duties,  but  strictly  discharge  them. 
As  I  said  before,  I  do  not  understand  that  the  members  of  this  Convention 
are  called  upon  to  legislate  for  the  people  of  Kansas.     I  think  it  would 
be  just  as  proper  for  this  Convention  to  pass  any  other  act  of  legislation, 
as  to  pass  this  homestead — just  as  proper  for  them  to  go  on  and  enact 
the  whole  code  of  civil  procedure.    There  is  nothing  in  the  whole  range 
of  legislation  that  we  might  not  enact  as  well  as  this;   and  therefore  I 
oppose  it.    And  while  I  believe  that  it  is  within  the  province  of  the  Con- 
vention to  lay  down  the  general  principles  of  government,  prescribing  and 
restricting  the  powers  of  legislation,  I  do  not  believe  it  is  our  duty,  or  our 
right,  to  go  into  the  minutiae  of  legislation.    I  oppose  this  proposition,  be- 
cause— while  I  believe  it  is  quite  popular  among  the  people,  I  am  willing  to 
go  before  the  people  and  defend  the  position  upon  which  I  stand.    For  I 
wish  to  be  distinctly  understood,  that  I  am  not  opposed  to  a  reasonable 
exemption  against  execution  for  the  collection  of  debts.    I  am  not  opposed 
to  securing  to  every  bona  fide  householder  a  home  for  his  family,  which 
the  shylocks  cannot  reach.    Yet  I  am  opposed  to  any  such  law  which  shall 
not  be  equal  and  uniform  in  its  operation — which  is  passed  for  the  benefit 
of  one  class  of  men  more  than  another.    Here,  sir,  you  have  one  hundred 
and  sixty  acres  of  land  exempted  from  execution.    And  while  I  agree  with 

21 — 778 


322  Convention  Proceedings  and  Debates. 

the  gentleman  from  Douglas  (Mr.  J.  Blood)  in  the  exposition  he  has 
made,  and  while  I  concur  in  the  amendment  he  has  attached, — still,  it  was 
of  no  importance,  as  I  conceive,  whether  this  amendment  were  attached  or 
not;  for  I  denj^  the  right  of  this  Convention  to  say  to  any  citizen  of 
Kansas  that  he  shall  not  be  left  to  his  freedom  of  choice  in  such  a  case; 
and  I  say,  if  the  amendment  had  not  been  adopted,  and  the  section  were 
to  pass  without  it,  it  would  only  constitute  an  indication  that  this  Con- 
stitutional Convention  were  attempting  to  do  what  it  was  not  in  their 
power  to  do. 

But  again:  you  give  to  every  family  one  hundred  and  sixty  acres.  I 
believe  it  would  have  been  far  better  to  have  dven  it  to  every  resident 
householder,  as  proposed  in  my  substitute  which  was  rejected;  and  al- 
though I  do  not  expect  to  change  the  views  of  members  now,  I  desire  to 
place  myself  right  upon  this  record,  out  of  which  gentlemen  seem  to  be 
disposed  to  make  political  capital.  "Resident  householder"  has  a  well 
defined  meaning.  It  may  refer  to  a  man  or  a  woman,  married  or  single, 
with  or  without  a  family.  But  it  will  be  very  difficult  to  decide  who  will 
be  entitled  to  hold  the  homestead  under  this  section.  Gentlemen  say  they 
are  willing  to  leave  that  to  the  Courts.  Very  well.  But  I  am  opposed  to 
this  section  upon  principle.  I  oppose  it  because  I  believe  that  no  such 
homestead  ought  to  be  adopted.  I  believe  that  every  man  ought  to  pay 
his  honest  debts.  But  whilst  I  admit  that,  I  think  that  the  law  ought 
to  shield  every  man  and  his  family  from  the  rigor  of  creditors  to  the 
extent  of  exempting  from  execution  a  reasonable  amount  of  land,  or  a 
reasonable  amount  of  personal  property — and  I  also  think  that  this  is 
within  the  province  of  legislation  and  constitutional  enactment.  But  to 
pass  a  provision  like  that  before  us,  would  be  almost  in  derogation  of 
that  fundamental  principle  that  laws  shall  not  be  passed  to  destroy  the 
obligations  of  contracts;  for  when  you  take  away  the  means  of  the  collec- 
tion of  debts,  you,  in  effect,  destroy  the  obligations  of  contracts.  I  am 
satisfied  that  the  people  of  Kansas  will  see  the  time  when  it  will  be  neces- 
sary to  change  this.  One  of  its  effects  will  be  to  ruin  our  credit  abroad. 
It  will  also  prevent  the  use  of  foreign  capital  in  our  State.  If  the  ob- 
ject had  been  to  destroy  entirely  the  credit  of  all  the  people,  it  could 
not  have  been  more  effectually  accomplished.  And  whilst  I  admit  the 
[*224]  *credit  system  has  been  frequently  and  greatly  abused,  and  that 
it  requires  legal  safeguards,  still  it  is  of  great  benefit  to  the  people.  But 
I  am  opposed  to  this  provision  because  it  is  not  uniform  in  its  operation. 
You  give  every  man  a  homestead  of  one  hundred  and  sixty  acres,  with  all 
improvements — it  matters  not  how  great  is  their  value.  It  may  be  sit- 
uated adjoining  Leavenworth,  Lawrence,  Wyandotte,  or  any  other  city, 
and  it  may  have  the  value  of  ten,  fifteen,  twenty,  or  even  fifty  thousand 
dollars,  still  it  will  be  all  exempt  from  execution.  Such  a  property,  sir, 
could  hardly  belong  to  an  oppressed  cultivator  of  the  soil;  whi'st  many  a 
homestead  of  one  hundred  and  sixty  acres,  in  the  hands  of  the  really  poor, 
would  not  be  worth  more  than  five  hundred  dollars.  I  say,  sir,  that  a 
homestead  law  should  be  uniform  in  its  operation,  and  because  this  sec- 
tion is  not,  I  have  opposed  it  and  shall  vote  against  it. 

Mr.  J.  Blood.  Mr.  President,  I  am  anxious  that  this  section  should  be 
made  as  perfect  as  it  can  be  done  by  the  Convention.  The  words  in- 
serted by  myself  at  that  time — "to  be  selected  by  the  owners  thereof"— 
were  hastily  proposed;  and  upon  consideration,  it  seems  to  me  that  they  are 
justly  oljjectionable.  I  propose  now,  therefore,  to  strike  them  out  and  in- 
sert in  lieu  thereof  the  words  "owned  and  occupied  by  any  resident  of  this 
State." 


Tuesday,  July  19,  1859.  32o 

The  amendment  was  adopted. 

Mr.  Ingali.s  moved  to  insert  the  words  "not  to  exceed  twenty  thousand 
dollars  in  value." 

Mr.  Burnett  proposed  "two  thousand." 

These  were  laid  on  the  table. 

Mr.  McDowell.  Mr.  President,  whilst  I  approve  the  great  principle  of 
exempting  the  homestead,  1  cannot  endorse  the  section  as  reported,  and  as 
it  now  stands.  1  think,  sir,  that  we  are  legislating  too  much  in  the  Consti- 
tution, and  that  this  whole  matter  belongs  to  the  Legislature.  Believing 
that  the  Legislature  is  the  proper  body  to  pass  upon  this  matter;  and  be- 
lieving that  the  section  before  us  is  unjust  and  partial  in  its  character,  I 
propose  the  following  substitute  for  the  section,  wliich  I  will  read,  by  the 
permission  of  the  Convention: 

"The  Legislature  shall  provide  by  law  for  the  exemption  of  a  home- 
stead in  favor  of  every  head  of  a  family  from  forced  sale,  except  sales  upon 
mechanics'  liens,  mortgages,  or  other  liens  for  the  purchase  money,  and 
sales  for  nonpayment  of  taxes ;  such  homestead  not  to  exceed  two  thousand 
dollars  in  value." 

Mr.  Ingalls.  Mr.  President,  I  wish  to  strike  out  the  words  "belonging 
to  any  head  of  a  family,"  and  insert  "belonging  to  any  resident  house- 
holder." 

Mr.  Griffith.  Mr.  President,  I  ^^^sh  to  make  a  single  remark.  Every 
amendment  from  the  other  side  seems  to  be  intended  to  defeat  the  great 
principle,  that  the  woman,  the  wife  and  mother,  shall  have  control  of 
the  home.  I  hope  that  the  Convention  will  be  careful  that  the  homestead 
clause  here  shall  recognize  this  right  clearly. 

Mr.  McDowell.  ]\Ir.  President,  the  gentleman,  perhaps,  misunder- 
stands the  definition  of  the  phrase  "head  of  a  family."  The  Courts  in  the 
State  of  Ohio  have  decided  that  their  homestead  provision  which  contains 
this  phrase,  apphes  as  well  to  the  woman  as  to  the  man.  I  am  willing, 
however,  that  the  word  "woman"  should  be  inserted.  Of  course  there  is  no 
intention  to  exclude  the  woman,  for  that  would  destroy  the  object. 

Mr.  Burnett.    I  move  to  lay  the  amendment  on  the  table. 

Mr.  Slough  demanded  the  yeas  and  nays,  and  the  same  being  seconded, 
ordered  and  taken,  resulted — yeas  26,  nays  22 — as  follows: 

[*225]  *Yeas— Messrs.  Burnett,  Burns,  J.  Blood,  N.  C.  Blood,  Crocker, 
Dutton,  Graham,  Griffith,  Hutchinson,  Houston,  Ingalls,  Kingman,  Lilhe, 
Lamb,  Middleton,  McCullough,  Preston,  Palmer,  Ritchie,  Ross,  Signor, 
Stokes,  Simpson,  Thacher,  Townsend,  Wilhams — 26. 

Nays — Messrs.  Arthur,  Blunt,  Brown,  Barton,  Foster,  Forman,  Greer, 
Hippie,  Hubbard,  Hanway,  Hoffman,  ■N'^oore,  McDowell,  McCune,  Mc- 
Clelland, Parks,  Slough,  Stinson,  Stiarwalt,  J.  Wright,  Wrigley,  T.  S. 
Wright— 22. 

So  the  substitute  was  rejected  and  the  question  recurring  on  the  adop- 
tion of  the  section — 

Mr.  Thacher  demanded  the  yeas  and  nays. 

Mr.  Blunt.  Mr.  President,  I  merely  wnsh  to  state  briefly  the  reason  of 
the  vote  I  am  about  to  give  upon  this  proposition,  which  seems  to  create 
considerable  feeling.  While  I  am  willing  and  anxious  that  a  certain  amount 
oi  property  should  be  exempt  from  forced  sale;  and  while  I  am  anxious 
that  the  benefits  accruing — that  this  exemption  shall  extend  to  all  classes 


324  Convention  Proceedings  and  Debates. 

of  persons;  and  I  have  made  an  effort  to  secure  such  a  provision  in  thi.s 
Constitution — yet  the  proposition  now  before  us,  on  which  the  vote  is  to 
be  taken,  goes  farther  in  the  way  of  exemption  than  we  are  warranted  in 
going,  and  consequently  I  shall  be  under  the  necessity  of  voting  against  it. 
The  yeas  and  nays  being  ordered  and  taken  on  the  adoption  of  the  sec- 
tion as  amended,  the  result  was — yeas  28,  nays  21 — as  follows: 

Yeas — Messrs.  Burnett,  Burris,  J.  Blood,  N.  C.  Blood,  Crocker,  Button, 
Graham,  Greer,  Griffith,  Hutchinson,  Hoffman,  Houston,  Kingman,  Lillie. 
Lamb,  Middleton,  McCuUough,  Preston,  Palmer,  Ritchie,  Ross,  Signor, 
Stokes,  Simpson,  Townsend,  Thacher,  Williams,  Mr.  President — 28. 

Nays — Messrs.  Arthur,  Blunt,  Brown,  Barton,  Foster,  Forman,  Hippie, 
Hubbard,  Hanway,  Ingalls,  Moore,  McDowell,  McCune,  ^''^cClelland.  Parks, 
Slough,  Stinson,  Stiarwalt,  J.  Wright,  Wrigley,  T.  S.  Wright— 21. 

Mr.  Ingalls  and  others  submitted  under  the  rule  the  following  ex- 
planation : 

"We  vote  against  the  section  because,  though  we  are  stronsly  in  favor 
of  the  widest  and  most  liberal  protection  to  the  agricultural  interest  and 
honor  of  Kansas,  we  believe  its  provisions  are  unjust,  invidious,  and  open 
to  fraudulent  construction. 

Jas.  G.  Blunt,  J.  J.  Ingalls, 

Jno.  p.  Slough,        J.  M.  Arthur, 

S.  A.  Stinson." 

Mr.  Whigley.  Mr.  President,  is  this  the  time  to  present  the  explana- 
tion of  a  vote? 

The  President.  Under  the  18th  rule,  the  Chair  does  not  feel  at  liberty 
to  permit  reasons  to  be  entered  upon  the  Journal  after  the  roll-call  has 
been  commenced. 

However — 

Mr.  Wrigley  presented  the  following,  which  was  admitted  to  record 
under  the  rule: 

"We  vote  against  this  section  because  its  passage  is  calculated  to  utterly 
destroy  the  credit  of  the  citizens  of  Kansas,  and  the  law  is  not  uniform 
in  its  operation.  c.  B.  McClelland,        E.  Moore, 

J.  W.  Forman,  Ben.t.  Wrigley, 

J.  T.  Barton,  S.  Hipple, 

F.  M.  Hubbard,  F.  Brown, 

J.  Stiarwalt." 

Mr.  Stokes  offered  as  an  additional  section  the  following: 
"Sec.  3.  The  right  of  suffrage  shall  be  extended  to  females  upon  the 
following  conditions:  The  Legislature  may,  at  any  regular  session,  provide 
for  submitting  the  question  of  female  suffrage,  and  all  persons  twenty-one 
years  of  age,  and  over,  who  have  resided  in  the  State  six  months  previous 
to  such  election,  shall  be  allowed  to  vote.  Ballots  shall  be  prepared  with 
the  words  "For  female  suffrage"  and  "Against  female  suffrage,"  and  if  a 
majority  of  all  the  votes  cast  shall  be  "For  female  suffrage,"  then  at  all 
future  elections  there  shall  be  no  distinction  in  the  qualifications  of  elec- 
tors on  account  of  sex." 

[*226]     *Mr.  Slough  moved  to  lay  it  on  the  table. 

The  motion  was  agreed  to. 

Mr.  McDowell.  Mr.  President,  I  suppose  that  under  the  head  of 
"Miscellaneous"  a  section  including  negroes  and  mulattoes  from  the  future 


Tuesday,  July  19,  1859.  325 

State  of  Kansas  would  be  properly  embraced.     I  therefore  offer  the  fol- 
lowing as  an  additional  section: 

"No  negro  Or  mulatto  shall  come  into  or  settle  in  this  State  after  the 
adoption  of  this  Constitution." 

Mr.  Ritchie  moved  to  lay  it  on  the  table. 

The  yeas  and  nays  being  demanded,  ordered  and  taken  thereon,  re- 
sulted— yeas  28,  nays  20 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  J.  Blood,  N.  C.  Blood,  Crocker,  Button, 
Graham,  Griffith,  Hutchinson,  Hanway,  Hoffman,  Houston,  Ingalls,  King- 
man, Lillie,  Lamb,  Middleton,  McCullough,  Preston,  Palmer,  Ritchie, 
Ross,  Signor,  Stokes,  Simpson,  Thacher,  Townsend  and  Williams — 28. 

Nays — Messrs.  Blunt,  Brown,  Barton,  Burris,  Foster,  Forman,  Hippie, 
Hubbard,  Moore,  McDowell,  McCune,  McClelland,  Parks,  Porter,  Slough, 
Stinson,  Stiarwalt,  J.  Wright,  Wrigley  and  T.  S.  Wright— 29. 

Mr.  Blunt  submitted  the  following,  under  the  rule: 

Mr.  Blunt.  Mr.  President,  I  shall  vote  against  laying  the  proposition 
of  the  gentleman  from  Leavenworth  (Mr.  McDowell)  on  the  table,  not 
because  1  am  in  favor  of  incorporating  such  a  provision  in  the  body  of  the 
Constitution,  or  because  I  am  in  favor  of  the  so-called  "black  law,"  but 
simply  because  I  think  a  majority  of  the  people  of  Kansas — comprising 
both  those  for,  and  against  negro  exclusion — expect  some  action  of  this 
body  relative  to  this  matter,  and  I  believe  that  it  has  been  generally  under- 
stood that  a  distinct  proposition  would  be  submitted  to  the  people,  by  a 
separate  ballot,  whether  they  would,  or  would  not,  exclude  free  negroes 
from  the  State,  and  notwithstanding  I  am  opposed,  as  much  as  any  one, 
to  the  principles  of  a  "black  law"  as  being  cruel,  unchristian  and  inhuman, 
yet  I  am  willing  to  submit  the  question  to  the  people  for  them  to  pass 
upon  by  a  direct  vote,  thereby  giving  every  one  a  fair  opportunity  to  ex- 
press his  will,  and  let  the  majority  govern.  And  being  as  ready  now,  as 
at  any  other  time,  to  meet  this  question,  and  to  dispose  of  it  in  such 
a  manner  as  I  think  the  people  demand,  I  shall  therefore  vote  against 
lajring  on  the  table. 

So  the  section  proposed  was  laid  on  the  table. 

On  motion  by  Mr.  Thacher,  the  article  as  amended  was  ordered  to 
be  printed,  and  referred  to  committee  on  Phraseology  and  Arrangement. 

Mr.  Hutchinson.  Mr.  President,  there  is  a  provision  in  the  Leaven- 
worth Constitution  which  I  think  it  proper  to  have  inserted  in  this  article. 

The  President.    It  is  not  in  order  now. 

finance  and  taxation. 

On  motion  by  Mr.  Thacher,  the  Convention  proceeded  now  to  the  con- 
sideration of  the  article  reported  this  morning  from  the  committee  on 
Finance  and  Taxation. 

Section  1  having  been  read  by  the  Secretarj-,  viz: 

"Section  1.  The  Legislature  shall  provide  by  law  for  a  uniform  and 
equal  rate  of  assessment  and  taxation,  and  taxes  shall  be  levied  in  such 
manner  as  the  Legislature  shall  prescribe;  but  all  property  appropriated 
and  used  exclusively  for  State,  County,  Municipal,  Literary,  Educational, 
Scientific  and  Religious  purposes,  and  two  hundred  dollars  for  each  head 
of  a  family,  shall  be  exempted  from  taxation." 

Mr.  Stiarwalt  proposed  to  strike  out  the  word  "and"  before  "re- 
ligious," and  after  "religious"  insert  "benevolent  and  charitable." 


326  Convention  Proceedings  and  Debates. 

The  motion  was  agreed  to. 

Mr.  Houston  submitted  the  following  clause  to  come  in  at  the  end  of 
the  section: 

[*227]  "Also  the  real  estate  and  personal  property  *of  widow  ladies, 
deprived  of  the  right  of  the  elective  franchise." 

Mr.  Slough.    I  move  to  lay  the  amendment  on  the  table. 

Mr.  Houston.  I  wish  to  ask  the  gentleman  to  withdraw  his  motion  for 
a  moment. 

Mr.  Slough  adhered  to  his  motion,  and  the  yeas  and  nays  being  de-' 
manded  and  taken  thereon,  resulted — yeas  28,  nays  20 — as  follows: 

Yeas — Messrs.  Brown,  Barton,  Burris,  Foster,  Forman,  Graham,  Greer, 
Hippie,  Hubbard,  Hoffman,  Ingalls,  Kingman,  Lillie,  Moore,  McDowell, 
McCune,  McClelland,  Palmer,  Porter,  Ross,  Signor,  Slough,  Stinson,  Stiar- 
walt,  Simpson,  J.  Wright,  Wrigley,  T.  S.  Wright— 28. 

Nays — Messrs.  Arthur,  Burnett,  Blunt,  J.  Blood,  N.  C.  Blood,  Crocker, 
Dutton,  Griffith,  Hutchinson,  Hanway,  Houston,  Lamb,  Middleton,  Mc- 
CuUough,  Preston,  Ritchie,  Thacher,  Townsend,  Williams — 20. 

So  the  amendment  was  laid  on  the  table. 

Mr.  McDowell.  Mr.  President,  I  desire  to  add  these  words:  "but  the 
Legislature  shall  never  levy  a  poll  tax  for  county  or  State  purposes;"  and 
I  would  add  a  little  more  if  the  Convention  will  give  me  a  moment  to  write. 

Mr.  Griffith.  Mr.  President,  is  that  not  provided  for  in  the  Legisla- 
tive article? 

Mr.  McDowell.    I  do  not  think  it  is. 

Mr.  N.  C.  Blood.  Mr.  President,  in  behalf  of  the  committee  on  the 
Legislative  department,  I  would  say  that  it  was  included  in  their  report. 

Mr.  McDow^ELL.    Then  I  withdraw  the  amendment. 

So  the  first  section  was  passed. 

Section  2  being  read,  viz: 

"2.  The  Legislature  shall  provide  by  law  for  taxing  the  notes  and  bills 
discounted  or  purchased,  moneys  loaned,  and  all  other  property,  effects,  or 
dues  of  every  description  (without  deduction),  of  all  banks  now  existing 
or  hereafter  to  be  created,  and  of  all  bankers,  so  that  all  property  em- 
ployed in  banking  shall  always  bear  a  burden  of  taxation  equal  to  that  im- 
posed upon  the  property  of  individuals — " 

Mr.  Hoffman  moved  to  strike  out  the  entire  section,  and  offered  as  ia 
substitute  these  words: 

"The  credit  of  the  State  shall  never  be  given  or  loaned  in  aid  of  any 
individual,  association  or  corporation."  .  _ 

Mr.  Stinson.  Mr.  President,  I  desire  to  know  whether  this  has  not 
been  provided  for  in  another  report?  1  think  the  gentleman  is  mistaken. 
I  do  think  it  is  provided  for,  and  I  know  it  was  under  consideration  in  com- 
mittee for  a  considerable  time,  and  was  discussed  at  considerable  length; 
and  we  all  agreed,  with  the  exception  of  the  gentleman  from  Woodson 
(Mr.  Hoffman)  on  this  section,  which  I  consider  essential  to  the  report. 

The  amendment  was  rejected. 

Mr.  Hutchinson.  I  move  to  strike  out  the  words  "without  deduction," 
included  within  the  parentheses. 

Mr.  Stinson.  Mr.  President,  the  object  in  inserting  these  words  was 
this:  we  desire  that  all  property  held  by  banks  and  corporations  in  this 


Tuesday,  July  19,  1859.  327 

State  shall  be  taxed,  no  matter  whether  they  are  in  debt  or  not.  We 
regarded  it  as  very  important  that  our  banking  institutions  should  be  taxed 
without  deduction  on  account  of  debt.  Whatever  property  bankers  may 
have  in  the  State  and  do  business  upon,  should  be  taxed.  We  have  a  legiti- 
mate right  to  tax  them,  and  all  property  should  be  equally  taxed. 

Mr.  Hutchinson.  Mr.  President;  I  think,  from  the  fact  that  corpora- 
tions have  no  souls,  they  should  not  be  therefore  made  v/orse  off  than  indi- 
viduals; and  no  man  will  deny  the  reasonableness  of  the  rule  for  making 
a  reasonable  deduction  in  the  amount  of  taxables  on  account  of  debts  owing 
by  individuals.    I  think  bankers  should  have  the  same  right. 

The  motion  to  strike  out  was  rejected,  and  so  the  section  was  adopted. 

Sections  3  and  4  were  read  and  adopted  without  amendment,  as  follows : 
[*228]  *"3.  The  Legislature  shall  provide  for  raising  revenue  sufficient 
to  defray  the  current  expenses  of  the  State  for  each  year. 

4.  No  tax  shall  be  levied  except  in  pursuance  of  law,  and  every  law  im- 
posing a  tax  shall  state  distinctly  the  object  of  the  same;  to  which  object 
only  such  tax  shall  be  applied." 

Section  5  being  read,  viz: 

"o.  For  the  purpose  of  defrajdng  extraordinary  expenses  and  making 
pubhc  improvements,  the  State  may  contract  pubhc  debts;  but  such  debts 
shall  never,  in  the  aggregate,  exceed  one  million  dollars,  except  as  herein- 
after provided.  Every  such  debt  shall  be  authorized  by  law  for  some  pur- 
pose specified  therein,  and  the  vote  of  a  majority  of  all  the  members 
elected  to  each  house,  to  be  taken  by  the  yeas  and  nays,  shall  be  necessary 
to  the  passage  of  such  law,  and  every  such  law  shall  provide  for  levying  an 
annual  tax  sufficient  to  pay  the  annual  interest  of  such  debt,  and  for  the 
payment,  when  it  shall  become  due,  of  the  principal  thereof;  and  shall 
specially  appropriate  the  proceeds  of  such  taxes  to  the  payment  of  such 
interest  and  principal;  and  such  appropriation  shall  not  be  repealed  nor  the 
taxes  be  postponed  or  diminished  until  the  interest  and  prmcipal  of  such 
debt  shall  have  been  wholly  paid." 

Mr.  BuRRis.  Mr.  President,  I  move  to  strike  out  the  words  "one 
milhon"  in  the  17th  line,  and  insert  the  words  "five  hundred  thousand."  I 
observe  that  in  the  next  section  it  is  provided  that  a  sum  larger  than  that 
may  be  created  by  a  vote  of  the  people.  While  I  approve  of  the  prin- 
ciple of  obtaining  the  sense  of  the  people  upon  the  propriety  of  creating  a 
debt,  it  seems  to  me  best  that  the  Legislature  should  not  be  authorized 
to  run  the  State  in  debt,  without  the  authority  of  the  people,  to  a  greater 
amount  than  half  a  million.  It  seems  to  me  that  would  be  as  great  an 
amount  as  would  be  necessary  for  the  Legislature  to  run  the  State  in  debt. 
By  the  first  Iowa  Constitution  the  Legislature  was  restricted  to  fifty 
thousand  dollars,  and  they  got  along  very  well  under  that  pro\asion. 

Mr.  Stinson.  Mr.  President,  we  had  this  matter  under  consideration  in 
committee,  and  concluded  to  insert  this  amount  as  the  least  we  could  get 
along  with,  and  carry  on  our  contemplated  public  improvements.  I  admit 
that,  for  the  ordinary  expenses  of  the  State,  five  hundred  thousand  dollars 
would  be  amply  sufficient.  But  I  do  not  agree  with  the  gentleman  as  to  the 
appropriateness  of  his  comparison  of  Kansas  with  the  State  of  Iowa.  We 
are  quite  a  different  State.  We  have  no  public  improvements,  no  State 
house,  no  penitentiary,  none  of  the  public  buildings  that  will  become 
assential  upon  our  State  orsanization.  I  desire  to  say  distinctly  that  the 
tax  which  should  be  paid  for  these  institutions  should  not  be  put  indirectly 
upon  the  people,  for  there  are  other  taxes,  as  for  school  and  road  pur- 


328  Convention  Proceedings  and  Debates. 

poses,  that  will  burden  the  people  as  much  as  they  will  be  able  to  bear. 
I  am  not  afraid  of  duty.  I  do  not  believe  that  it  rests  upon  the  people 
rightfully,  who  have  come  here  and  undergone  the  hardships  of  pioneer  life, 
to  build  up  the  public  buildings  which  are  to  inure  as  much  to  the  benefit 
of  posterity  as  to  themselves.  The  committee  thought  they  acted  mod- 
erately and  economically.  I  would  rather  vote  to  increase  it,  than  vote  for 
any  diminution  of  the  amount. 

Mr.  Griffith.  Mr.  President,  there  is  no  danger  in  passing  this,  for 
we  have  prescribed  that  the  Legislature  shall  provide  an  annual  tax  suffi- 
cient to  pay  the  accruing  interest  and  principal  on  any  debt  which  they  may 
contract.  That  is  a  sufficient  guarantee  that  we  shall  never  have  a  large 
public  debt.  The  representatives  of  the  people  will  be  very  careful,  and 
no  debt  will  be  likely  to  be  contracted  unless  in  case  of  absolute  necessity. 
I  think  that  guarantee  is  sufficient,  and  that  we  m-ght  allow  the  limit  to 
remain  at  one  million.  If  gentlemen  will  guard  this  provision  properly, 
[*229]  they  need  have  no  fear  of  a  public  debt,  un*less  it  should  be 
absolutely  necessary  for  the  public  good. 

The  amendment  was  rejected,  and  then  the  section  was  passed  without 
amendment. 

Section  6  being  read — viz: 

"6.  No  debts  shall  be  contracted  by  the  State  except  as  herein  elsewhere 
provided,  unless  the  proposed  law  for  creating  such  debt  shall  be  first  sub- 
mitted to  a  direct  vote  of  the  electors  of  this  State  at  some  general  election, 
and  if  said  proposed  law  shall  be  ratified  by  a  majority  of  all  the  votes 
cast  at  such  general  election,  then  it  shall  be  the  duty  of  the  Legislature  next 
after  such  election  to  enact  said  law  and  create  such  debt,  subject  to  all  the 
provisions  and  restrictions  provided  in  the  preceding  sections  of  this 
article—" 

Mr.  BxTRRis.  ]VIr.  President,  I  wish  to  make  an  inquiry.  Would  not 
the  last  clause  here  restrict  the  Legislature  to  the  milhon  of  dollars  again? 

The  section  was  adopted  without  amendment. 

Section  7  being  read — 

"7.  The  State  may  also  borrow  money  to  repel  invasion,  suppress  in- 
surrection, or  defend  the  State  in  time  of  war;  but  the  money  thus  raised 
.shall  be  applied  exclusively  to  the  object  for  which  the  loan  was  author- 
ized, or  to  the  repayment  of  the  debt  thereby  created — " 

On  motion  of  Mr.  Griffith,  the  word  "also"  was  stricken  out. 

And  so  the  report  was  passed. 

Mr.  Hoffman  offered  the  following,  as  an  additional  section: 

"Sec.  8.  The  State  shall  never  be  a  party  in  constructing  and  carrying 
un  any  works  of  internal  improvement;  but  whenever  grants  of  land  or 
other  property  shall  have  been  made  to  the  State  for  particular  works  of 
internal  improvement,  the  State  shall  devote  thereto  the  avails  of  such 
grants,  and  may  pledge  the  revenues  derived  from  such  works  in  aid  of 
their  completion." 

Mr.  Parks  proposed  to  amend  so  as  to  read  as  follows: 

"Sec.  8.  The  State  shall  never  contract  any  debt  for  works  of  internal 
improvement,  or  be  a  party  in  carrying  on  such  works." 

Mr.  Stinson  proposed  to  strike  out  and  insert  in  place  of  the  last  words, 
the  following: 

"And  shall  never  be  a  party  to  carrying  on  works  of  public  improve- 
ment." 


Wednesday,  July  20,  1859.  329 

Mr.  Stinson.  It  seems  to  me,  Mr.  President,  that  every  safeguard 
that  could  be  desired  has  already  been  thrown  about  the  power  of  the  Leg- 
islature to  contract  a  public  debt  for  the  future  State.  And  gentlemen  who 
propose  these  additional  sections  in  regard  to  works  of  public  improve- 
ment, seem  to  wish  to  hamper  not  merely  the  Legislature  but  also  the 
people.  I  think  that  it  would  be  necessary  to  prescribe  that  a  majority  of 
the  people  shall  first  declare  in  favor  of  a  State  debt ;  and  I  do  not  want  to 
restrain  the  people  even  in  the  matter  of  contracting  debts,  nor  in  any 
other  legitimate  control  of  their  own  interests.  Nor  do  I  think  it  im- 
portant to  say  that  it  will  not  be  to  the  interest  of  the  State  to  loan  its 
credit  for  purposes  of  internal  improvement.  Suppose  several  millions  of 
acres  of  land  were  granted  to  the  State  of  Kansas  for  the  purpose  of 
carrying  on  great  works  of  internal  improvement,  it  seems  to  me  that  fre- 
quently cases  might  arise  wherein  the  State  should  advance  money  for 
these  works,  and  take  land  for  security,  rather  than  give  them  up  to  the 
mismanagement  of  companies,  or  perhaps  sacrifice  them  altogether  by 
throwing  them  into  the  hands  of  speculators.  For  if  the  lands  go  into  the 
hands  of  the  companies,  they  will  be  compelled  to  go  on  with  forced  sales, 
thereby  keeping  the  lands  out  of  the  hands  of  the  actual  settlers.  If  we 
should  have,  say,  four  hundred  millions  of  acres  of  land  granted  to  the 
State,  I  would  be  in  favor  of  having  a  State  pre-emption  law  for  settlers,  in 
which  the  State  should  be  made  liable  for  the  settlers'  payment  for  their 
[*230]  lands — taking  the  *land  for  security.  But  now,  by  this  provision, 
this  matter  is  not  in  the  hands  of  the  Legislature,  but  the  people.  It  is 
carefully  and  industriously  guarded,  and  any  attempt  tq  restrict  the  people 
in  the  exercise  of  this  right  is  to  legislate  against  the  people,  and  not  to 
throw  a  safeguard  around  their  representatives. 

Mr.  Parks.  Mr.  President,  the  theory  of  the  gentleman  may  be  very 
fine,  but  his  theory  in  the  practice  of  other  States  has  worked  very  badly 
for  the  people.  I  refer  particularly  to  the  State  of  Indiana,  which  many 
years  ago  went  into  a  system  of  internal  improvements,  from  which  they 
have  scarcely  yet  recovered.  It  is  this  working  of  the  principle  of  an  im- 
limited  public  debt  that  I  wish  to  cut  off. 

Mr.  McDowell.    I  move  that  the  Convention  now  adjourn. 

Mr.  Blunt.    Till  to-morrow. 

And,  accordingly,  the  Convention  adjourned  till  to-morrow  morning 
8  o'clock. 


Wednesday,  July  20.  1859. 

The  Convention  met  at  8  o'clock,  a.  m. 

Prayer  by  the  Chaplain. 
"   The  Journal  of  yesterday  was  read  and  authenticated. 

Mr.  Thacher,  from  the  committee  on  the  Legislative  Department,  re- 
turned the  petition  from  sundry  citizens  of  Johnson,  Doudas  and  Shaw- 
nee counties,  without  recommendation,  stating  that  the  Convention  had 
already  acted  upon  the  matter. 

On  motion  by  Mr.  Slough,  it  was  ordered  to  be  placed  on  the  files  of 
the  Convention. 

order  of  business. 

Mr.  Ingalls,  in  behalf  of  the  committee  on  Phraseology  and  Arrange- 
ment, stated  that  several  Articles  which  had  been  referred  to  them  and 


330  Convention  Proceedings  and  Debates, 

ordered  to  be  printed,  were  still  in  the  hands  of  the  printer — supposing 
that  it  would  require  the  action  of  the  Convention. 

Mr.  McDowell.  I  move  that  the  committee  get  their  printing  done 
wherever  they  can. 

Mr.  Thacher.  Mr.  President,  would  it  not  be  better  for  the  commit- 
tee to  make  their  corrections  before  the  matter  goes  to  the  printer? 

Mr.  McDowell.  Mr.  President,  before  I  could  answer  that,  I  would 
have  to  ask  the  question  as  to  the  effect  of  committing  a  report  to  that 
committee.  As  I  understand  it,  when  they  make  their  report  on  any  par- 
ticular Article,  that  Article  is  again  before  the  Convention — it  is  in  the 
power  of  the  Convention,  as  on  the  second  reading  of  a  Bill — to  report 
generally  just  as  we  act  upon  any  committee  report.  If  I  am  wrong,  then 
the  Article  might  be  printed  after  the  engrossment,  but  if  1  am  right  it 
would  be  doing  double  work  to  have  the  engrossment  and  printing  take 
place  now. 

The  President.  The  Chair  would  state  that  he  has  been  himself  some- 
what perplexed  with  this  question.  The  regular  precedent  with  regard  to 
the  three  different  readings  have  not  been  followed  in  this  Convention  as  re- 
quired in  a  legislative  body,  where  the  order  of  the  introduction,  second 
reading  and  amendment  of  bills  and  the  third  reading,  has  to  be  followed. 
After  reflection  upon  the  subject  the  Chair  is  of  opinion  that  it  is  entirely 
competent  for  the  Convention  to  make  any  amendment  in  any  Article  re- 
ported from  the  committee  on  Phraseology^  and  Arrangement  by  re-con- 
sidering the  action  of  the  Convention  on  that  Article,  and  then  amending 
it  if  desirable.  Hence,  the  decision  would  be,  that  any  Article  which  shall 
be  returned  from  the  committee  on  Phraseology  and  Arrangement  will  be 
open  for  amendment  upon  being  reconsidered. 

Mr.  Thacher.  Mr.  President,  it  seems  to  me  that  the  prospect  is, 
that  we  shall  sit  here  all  summer  under  that  rule. 

The  President.  The  Chair  will  state  further  that  it  is  entirely  com- 
petent for  the  Convention  to  make  any  new  rule,  or  change  any  of  the 
existing  rules  for  its  government.  If  the  Convention  deem  it  expedient, 
they  can  make  their  action  a  finality  before  the  article  goes  to  the  commit- 
tee on  Phraseology  and  Arrangement. 

[*231]  *Mr.  Thacher.  Mr.  President,  I  would  suggest  that  they  niight, 
if  the  Article  has  been  considered  in  committee  of  the  whole  and  in  Con- 
vention. I  would  ask  whether  or  no,  in  point  of  fact,  we  do  not  give  two 
readings  to  all  these  Articles? 

The  President.  The  Chair  understands  that  two  readings  of  a  bill 
must  be  had  independent  of  any  action  of  the  committee  of  the  whole  in 
ordinary  legislation,  but  certainly  no  such  rule  has  been  followed  here. 

Mr.  KiNOMAN.  Mr.  President,  as  one  of  the  committee  on  Phrase- 
ology and  Arrangement,  I  would  state,  that  the  plan  suggested  by  the 
gentleman  from  Douglas  (Mr.  Thacher)  had  been  in  my  own  mind.  And 
then,  again,  it  is  a  nice  matter,  sir,  to  consider  what  is  the  precise  distinc- 
tion between  a  change  in  Phraseology  and  a  change  in  the  sense.  Of 
course  the  conunittee  would  not  like  to  become  responsible  for  changing 
the  sense.  They  wish  the  reports,  as  adopted  by  the  Convention,  to  come 
into  their  hands  printed,  and  then  they  will  be  better  able  to  judge  of  the 
phraseology. 

Mr.  Slough.  Mr.  President,  it  is  a  well  settled  principle  of  parlia- 
mentary usage  that  where  any  matter  pending  is  re-committed  and  re^ 


We:dnesday,  July  20,  1859.  331 

ported  back,  it  comes  before  the  body  de  novo;  that  whatever  amend- 
ments may  have  been  made  or  referred  to  the  committee  and  reported 
back  by  the  committee,  became  matter  to  be  passed  upon  again;  and,  to 
my  mind,  the  purpose  of  a  motion  for  reference  to  the  committee  on 
Phraseology  is,  that  the  committee  might  report  any  amendment  they  may 
see  proper — which  matter  the  Convention  will  consider  and  pass  upon  as 
any  other  matter.  It  seems  to  me,  it  would  be  competent  for  that  com- 
mittee to  make  any  change  they  may  think  proper;  and  then  if  the  Con- 
vention does  not  consider  the  change  favorably,  we  do  not  tie  up  our  hands 
so  that  we  cannot  make  the  necessary  amendments. 

The  President.  The  Chair  regards  the  committee  on  Phraseology  and 
Arrangement  as  being  different  from  other  committees.  By  the  reference 
of  an  Article  to  the  committee  it  is  not  designed  that  they  are  to  change 
the  sense — their  sole  and  exclusive  office  being  to  render  the  matter  of 
the  Article  in  distinct  and  plain  language,  and  to  see  that  the  several  parts 
are  homogeneous  in  character.  It  does  not  follow,  in  the  o]iinion  of  the 
Chair,  that  every  principle  in  the  Article  reported  by  them  is  to  be  re- 
opened for  discussion.  In  the  opinion  of  the  Chair  that  is  not  contem- 
plated in  a  motion  to  reconsider. 

Mr.  Thacher.  IMr.  President,  I  agree  ^^•ith  the  Chair,  for  if  the  report 
is  to  be  taken  up  de  novo,  we  shall  get  the  w^ork  of  Sysipheus  before  us. 
There  will  be  no  point  at  which  we  may  stop.  I  have  it  in  my  mind  to 
submit  an  order  for  raising  a  committee  of  two  or  three  for  the  purpose 
of  reporting  to  the  Convention  a  rule  on  this  very  subject.  And  if  it  is  in 
order  now,  I  move  that  a  committee  of  three  be  appointed  by  the  Presi- 
dent to  report  to  the  Convention  some  recommendation  for  a  decision 
here.  For  if  we  are  to  re-open  a  report  every  time  it  shall  come  from  the 
committee  on  Phraseology,  we  shall  never  get  through. 

The  President.    The  Chair  is  of  opinion  the  motion  is  not  in  order. 

Mr.  Greer.  I  am  under  the  necessity  of  asking  the  indulgence  of  the 
Convention  for  further  time  for  the  submission  of  the  report  from  the 
committee  on  the  Executive  Department.  Their  report  has  been  in  the 
hands  of  the  printer  some  ten  days  and  I  have  been  in  the  office  several 
times  after  it,  and  have  been  several  times  told  that  it  would  be  ready 
at  a  particular  time.  One  of  those  times  has  expired  this  morning,  and 
still  the  report  is  not  yet  ready.  I  have  done  everything  I  could  to  get 
it,  and  I  am  told  and  believe,  that  the  printer  is  disposed  to  do  it  as 
speedily  as  possible. 

Mr.  McDowell.  I  move  that  the  committee  on  Printing  be  instructed 
[*232]  to  have  the  printing  *done  at  some  office  where  it  can  be  done 
with  the  necessary  dispatch. 

The  motion  was  agreed  to. 

Mr.  Ross.  Mr.  President,  I  should  state,  perhaps,  that  the  committee 
on  Printing  have  already  made  the  best  arrangements  they  possibly  could 
for  the  e.xecution  of  the  printing  of  the  Convention. 

The  President.    The  resolution  can  do  no  harm. 

amendment  of  the  rules. 

Mr.  HiPPLE  (the  rules  having  been  suspended  for  this  purpose).  Mr. 
President,  I  move  to  amend  the  ISth  rule  by  adding  these  words:  "But 
may  give  notice  of  his  intention  to  enter  upon  the  Journal  the  reason  for 
his  vote."  I  think  it  nothing  more  than  a  right  which  every  member  has. 
to  enter  the  reasons  for  his  vote.    Xow  we  have  to  ask  leave. 


332  Convention  Proceedings  and  Debates. 

PERSONAL  explanation. 

Mr.  Blunt.  Mr.  President,  I  rise  to  a  question  of  privilege.  In  the 
Kansas  City  Journal  of  Commerce,  of  July  17th,  to  whose  Reporter 
has  been  extended  the  courtesy  of  a  seat  and  privilege  within  the  Bar  of 
the  Convention — I  am  represented  as  having  stated  that  I  was  opposed  to 
the  annexation  of  the  southern  portion  of  Nebraska  Territory,  because  it 
might  give  to  the  Democratic  party  the  ascendency  in  the  future  State. 
I  think,  sir,  that  the  Convention  will  recollect  that  I  made  no  such  state- 
ment— took  no  such  position  in  the  debate — but  that  I  actually  disclaimed 
having  any  knowledge  of  how  that  proposed  annexation  might  affect  the 
political  character  of  the  future  State.  Supposing  this  statement  to  have 
been  a  mere  error  of  the  reporter  for  that  paper,  1  called  his  attention 
to  it — pointing  out  the  error  and  restating  to  him  distinctly  the  points 
I  made  in  the  debate — and  of  course  expecting  him  to  make  the  necessary 
correction.  But  in  the  issue  of  that  paper  of  yesterday  morning,  I  see 
that  he  not  only  refuses  to  make  the  correction,  but  claims  that  the  posi- 
tion in  which  he  placed  me  on  the  17th  was  correct.  And  further,  in  his 
issue  of  yesterday  morning,  referring  to  this  matter,  he  seems  to  hold  out 
the  idea  that  I  wished  to  recede  from  the  position  I  took,  offering  certain 
reasons  therefor.  I  went  to  him  a  second  time  yesterday,  and  he  still  re- 
fused to  make  the  correction — pretending  that  his  report  was  correct, 
and  referring  me  to  the  official  reporter  for  confirmation — alleging  that 
that  gentleman  would  sustain  his  report.  I  asked  him  if  he  had  seen  the 
official  report.  He  said  he  had  not,  but  that  the  official  reporter  had 
told  him  his  report  was  just.  I  then  called  on  the  official  reporter,  and 
he  examined  his  notes  and  found  me  correct  in  the  statement  I  have  made, 
and  that  this  paper's  report  of  my  remarks  is  incorrect.  The  official  re- 
porter very  kindly  consented  to  write  out  my  remarks  on  the  boundary 
question;  and  I  have  them  now  before  me  to  substantiate  the  statements 
I  made.  I  think,  Mr.  President,  when  we  admit  a  reporter  for  the  press 
inside  the  bar,  to  report  the  proceedings  of  the  body,  if  he  commits  one 
error,  and  refuses  to  correct  that  error,  he  abuses  the  privilege  of  the 
House.  The  Convention  will  recollect,  that  about  the  time  of  the  convening 
of  this  body,  it  was  stated  in  this  paper,  that  they  had  employed  the 
only  reporter  in  the  Convention  to  furnish  their  reports,  and  therefore 
any  person  who  wished  correct  reports  of  these  proceedings  should  provide 
themselves  with  their  paper.  I  do  not  wish  to  say,  that  this  reporter  has 
purposely  misrepresented  me,  but  his  refusing  to  correct  the  error  would 
seem  to  imply  that.  But  I  do  say,  if  he  is  the  only  competent  and  correct 
reporter  in  this  Convention — taking  his  reports  before  us  as  evidence  of 
his  competency,  it  must  be  that  the  profession  is  very  poorly  represented 
in  this  body. 

The  President.    Does  the  gentleman  make  any  motion? 

Mr.  Blunt.  I  make  no  motion.  I  merely  call  attention  to  the  fact 
of  an  abuse  of  privilege. 

[*233]  ^FINANCE   and  TAXATION. 

The  President.  The  regular  order  of  business  having  been  passed 
through,  the  Convention  will  proceed  with  the  unfinished  business  of  yes- 
terday— the  consideration  of  the  Article  reported  from  the  committee  on 
Finance  and  Taxation,  as  amended  in  committee  of  the  whole.  The  question 
IS  on  the  passage  of  the  seventh  section. 

Mr.  Slouoh.    That  section  has  been  adopted. 


Wednesday,  July  20,  1859.  333 

Mr.  McDowell.  If  I  recollect  the  position  of  the  report,  the  Conven- 
tion, when  it  adjourned,  was  considering  an  amendment  by  my  colleague, 
Judge  Parks. 

The  Secretary  reported  the  condition  of  the  question  at  the  time  of  the 
adjournment  to  be  as  follows: 

Mr.  Hoffman  had  offered  the  following  section,  to  be  added  to  the 
article : 

"Sec.  8.  The  State  shall  never  be  a  party  in  constructing  and  carrying 
on  any  works  of  internal  improvement,  and  whenever  grants  of  land  or 
other  property  shall  have  been  made  to  this  State  for  particular  works  of 
internal  improvement,  the  State  shall  donate  thereto  the  avails  of  such 
grants,  and  may  pledge  the  revenues  derived  from  such  works  in  aid  of 
their  completion." 

And  then — 

Mr.  Parks  had  proposed  to  amend  the  amendment,  so  as  to  read  as 
follows : 

"Sec.  8.  The  State  shall  never  contract  any  debt  for  works  of  internal 
improvement,  or  be  a  party  in  carrying  on  such  works." 

Mr.  Stinson.  My  recollection  is,  that  Judge  Parks'  proposition  was 
introduced  as  a  substitute  for  the  section  proposed  by  the  gentleman  from 
Woodson  (Mr.  Hoffman),  and  that  I  offered  an  amendment  to  the  former, 
to  strike  out  and  insert,  so  as  to  make  it  read:  "The  State  shall  never  be 
a  party  to  carrying  on  works  of  public  improvement." 

Mr.  Thacher.  ]\Ir.  President,  if  it  is  in  order  to  amend  the  proposi- 
tion of  the  gentleman  from  Woodson,  I  think  the  word  "particular"  ought 
to  be  stricken  out. 

The  President.  In  the  opinion  of  the  Chair,  the  amendment  of  the 
gentleman  from  Leavenworth  (Mr.  Stinson),  being  a  substitute  for  the 
whole,  ought  to  be  considered  first. 

Mr.  Stinson's  substitute  was  adopted  on  a  division — affirmative  25, 
negative  13 — and  so  the  section,  as  amended,  was  adopted  into  the  article. 

Mr.  Hutchinson.  I  desire  to  reconsider  the  vote  just  taken,  for  amend- 
ment to  this  effect:  "That  the  State  shall  not  lend  its  credit  to  individuals 
nor  to  corporations." 

On  motion  by  Mr.  Stinson,  it  was  laid  on  the  table. 

Mr.  Slough.  I  move  now  to  refer  the  article  to  the  committee  on 
arrangement  and  phraseology,  and  to  print. 

Mr.  McDowell.  Before  that  question  is  taken  I  desire  to  add  another 
proposition.  I  have  mislaid  it,  but  the  substance  of  it  is:  "That  the  State 
Legislature  shall  never  levy  a  poll  tax." 

Mr.  Stinson.  Mr.  President,  I  propose  to  amend  that,  by  adding  these 
words:  "for  County  or  State  purposes." 

Mr.  Houston.  Mr.  President,  I  cannot  see  any  reason  why  we  should 
deprive  ourselves  of  the  power  of  collecting  from  individuals  a  poll-tax  of 
one  or  two  dollars  a  head.  I  know  there  is  a  clause  in  some  Constitutions, 
that  a  poll-tax  is  grievous  and  oppressive.  I  opine,  however,  that  it  is 
not  the  tax,  but  circumstances,  that  make  it  grievous  and  oppressive.  Its 
payment  might  be  made  a  condition  of  the  right  of  suffrage ;  and  in  such  a 
case,  it  would  be  oppressive.  But  Kansas  is  filling  up  with  young  men — 
carpet-sack  men — coming  in  to  avail  themselves  of  the  advantages  of  our 
government.    Is  it  right  that  our  government  should  protect  them,  without 


334  Convention  Proceedings  and  Debates. 

their  paying  a  cent  for  that  protection?  I  see  nothing  improper  in  allow- 
ing the  Legislature  to  levy  a  poll-tax,  in  order  to  reach  them.  They  have 
[*234]  the  protection  of  government,  and  why  should  they  not  *assist  in 
pajdng  the  expenses  of  government?  I  see  nothing  unequal  in  a  poll-tax. 
I  see  no  propriety  in  throwing  the  proposed  restriction  around  the  legis- 
lative power.  I  know  that  a  poll-tax  was  advantageous  in  the  State  of 
Iowa. 

Mr.  McDowell.  Mr.  President,  I  beheve  that  political  economists  agree 
that  the  basis  of  all  taxation  should  be  property.  I  think  we  have  acted 
upon  that  principle  in  the  report  which  we  have  just  passed  upon.  I  think 
this  is  the  true  bas's,  and  that  we  should  not  adopt  any  other.  The  gentle- 
man alludes  to  a  class  of  persons  that  come  into  the  Territory  with  carpet- 
sacks,  and  proposes  to  levy  a  tax  on  them  of  one  or  two  dollars  a  head. 
Why,  sir,  if  these  carpet-sack  men  have  any  property  above  what  is  exempt 
from  taxes,  they  will  be  taxed,  and  their  property  will  stand  sponsor  for  its 
payment.  Otherwise,  you  cannot  collect  your  tax.  The  only  mode  of  col- 
lecting taxes  is  to  pursue  property. 

Mr.  Houston.  Mr.  President,  the  only  object  was  that  the  power 
should  not  be  cut  off  for  levying  a  tax  for  road  purposes,  &c. 

Mr.  Thacher.  Mr.  President,  I  think  it  no  more  than  just  that  every 
man  should  contribute  toward  the  support  of  government.  My  own  view 
is,  that  we  had  better  say  nothing  about  a  poll-tax.  But  if  we  must  have 
proceedings  on  the  subject,  I  shall  vote  first  for  the  amendment  of  the 
gentleman  from  Leavenworth,  and  then  against  the  whole  thing. 

The  substitute  was  adopted,  and  then — 

On  motion  by  Mr.  Thacher,  the  subject  was  laid  on  the  table. 

On  motion  by  Mr.  Slough,  the  article  on  finance  and  taxation,  as 
amended,  was  now  referred  to  the  committee  on  phraseology  and  arrange- 
ment, and  ordered  to  be  printed. 

SELECT   COMMITTEE   ON    BUSINESS. 

^'''r.  Thacher  moved  that  a  committee  of  three  be  appointed  to  report 
to  the  Convention  what  action  it  ought  to  take  with  the  report  of  the  com- 
mittee on  phraseology  and  arrangement. 

The  motion  was  agreed  to,  and  under  that  order — 

The  President  appointed  Messrs.  Thacher,  Slough  and  Kingman. 

MISCELLANEOUS. 

On  motion  by  Mr.  Hutchinson,  for  the  purpose  of  further  considera- 
tion of  the  Homestead  section,  it  was — 

Ordered,  That  the  first  report  from  the  committee  on  Miscellaneous, 
be  recalled  from  the  committee  on  Phraseology  and  Arrangement. 

The  President.  The  Chair  would  suggest,  that  the  second  report  of  the 
committee  on  Miscellaneous  matter,  has  been  ready  some  time,  and  it 
would  be  competent  for  the  Convention  to  take  it  up, — but  the  report  is 
not  yet  printed. 

Mr.  Thacher.  I  would  inquire  of  the  Chair  if  the  report  of  the  article 
on  the  Executive  Department  is  here? 

The  President.  The  Chair  is  informed  that  it  .will  be  here  in  half  an 
hour. 

Mr.  Slough.  I  move  that  the  rule  requiring  the  printing  of  reports 
before  action  upon  them  be  suspended,  for  the  purpose  of  enabling  the 


Wednesday,  July  20,  1859.  335 

iConvention  to  take  up  the  second  report  of  the  committee  on  Amendments 
and  Miscellaneous. 

The  motion  was  agreed  to. 

On  motion  by  Mr.  Thacher,  the  Convention  then  resolved  into  com- 
mittee of  the  whole — Mr.  Barton  in  the  Chair — and  took  up  the  con- 
sideration of  said  report  in  the  article  on  Amendments  and  Miscellaneous. 

On  motion  by  Mr.  Slough,  it  was  considered  by  sections. 

The  Secretary  read  the  first  and  second  sections,  viz: 

"Sec.  1.  All  officers  whose  election  or  appointment  is  not  otherw'se 
provided  for  in  this  Constitution,  shall  be  chosen  or  appointed  in  such 
manner  as  may  be  prescribed  by  law. 

Sec.  2.  When  the  duration  of  any  office  is  not  provided  for  by  this 
Constitution,  it  may  be  declared  by  law;  and  if  not  so  declared  such 
[*235]  office  shall  be  held  during  the  pleasure  of  the  *authority  mak- 
ing the  appointment.  But  the  Legislature  shall  not  create  any  office  the 
tenure  of  which  shall  be  longer  than  four  years." 

They  were  adopted,  without  amendment. 
Section  3  was  read  by  the  Secretary,  viz: 

"Sec.  3.  Lotteries  and  the  sale  of  lottery  tickets  for  am''  purpose  what- 
ever, shall  forever  be  prohibited  in  this  State." 

Mr.  Slough.  Has  not  that  been  provided  for  in  the  article  on  the 
Legislative  Department? 

Mr.  Thacher.  It  is  provided,  that  the  Legislature  shall  not  charter  any 
lottery.  This  would  prevent  the  sale  of  lottery  tickets  from  Georgia, 
Delaware,  &c. 

Sections  4,  5,  6,  were  then  severally  read  and  adopted,  viz: 

"Sec.  4.  The  printing  of  the  laws,  journals,  bills,  legislative  documents 
and  papers  for  each  branch  of  the  General  Assembly,  with  the  printing 
required  for  the  Executive  and  other  departments  of  State,  shall  be  let, 
on  contract,  to  the  lowest  responsible  bidder,  by  such  executive  officers,  and 
in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  5.  An  accurate  and  detailed  statement  of  the  receipts  and  ex- 
penditures of  the  public  moneys,  and  several  amounts  paid,  to  whom,  and 
on  what  account,  shall  from  time  to  time  be  published,  as  shall  be  pre- 
scribed by  law. 

Sec.  6.  The  General  Assembly  shall  pro\dde  by  law  for  the  protection 
of  the  rights  of  women,  married  and  single,  in  the  acquiring  and  possess- 
ing of  property,  real,  personal  and  mixed,  separate  and  apart  from  the 
husband  or  other  person,  and  shall  also  provide  for  the  equal  rights  of 
women  in  the  protection,  with  the  husband,  of  their  children,  during  their 
minority;  also  shall  provide  for  the  security  of  a  homestead,  which,  with- 
out the  consent  of  the  wife,  she  cannot  be  divested  of." 

Section  7  was  read,  viz: 

"Sec.  7.  Every  person  chosen  or  appointed  to  office  in  this  State,  be- 
fore entering  ui)on  the  discharge  of  the  duties  thereof,  shall  take  and 
subscribe  an  oath  to  support  the  Constitution  of  the  United  States,  and 
also  his  oath  of  office." 

On  motion  by  Mr.  McClelland,  it  was  stricken  out  of  the  report. 

Section  8  was  read,  to  wit: 

"Sec.  8.  There  shall  be  chosen  by  the  electors  of  the  State  at  large,  at 


336  Convention  Proceedings  and  Debates. 

the  election  for  State  officers,  a  Public  Printer,  whose  duty  it  shall  be  ta 
print  all  the  laws  and  public  records  of  the  Legislature,  and  State  offices, 
and  procure  all  the  stationery  required  for  the  same,  and  whose  salary 
shall  be  fixed  by  law." 

Mr.  Thacher.    Mr.  Chairman,  I  move  to  strike  it  out. 

Mr.  Ingalls.  Mr.  Chairman,  I  hope  before  gentlemen  vote  to  strike 
this  out,  they  will  at  least  hear  it  read  once  more,  and  consider  the  pur- 
pose involved.  There  is,  perhaps,  more  liability  to  corruption  in  the  office 
of  public  printer,  than  in  any  other  office  in  the  State,  and  this  section  is 
to  avoid  that. 

Mr.  Slough.  I  propose  the  following  as  a  substitute  for  this  section. 
It  is  copied  from  the  Ohio  Constitution,  section  2d  in  the  article  on  mis- 
cellaneous : 

"Sec.  8.  The  printing  of  the  laws,  journals,  bills,  legislative  documents 
and  papers  for  each  branch  of  the  General  Assembly,  with  the  printing 
required  for  the  Executive  and  other  departments  of  State,  shall  be  let 
on  contract  to  the  lowest  responsible  bidder,  by  such  executive  officers, 
and  in  such  manner,  as  shall  be  prescribed  by  law." 

Mr.  Ingalls.    I  move  to  lay  the  substitute  on  the  tabic. 

The  Convention  refused  to  table — affirmative  10,  negative  18. 

Mr.  Ross.  Mr.  Chairman,  I  hope  the  substitute  will  not  be  adopted, 
for  I  am  satisfied  that  it  would  open  a  source  of  corruption.  I  speak  of 
my  own  knowledge  of  its  workings  in  another  State.  I  have  known  thou- 
sands squandered  by  this  letting  the  printing  of  the  State  to  the  lowest 
bidder.  I  have  known  the  contract  to  be  taken  at  about  half  the  price 
[*236]  paid  *to  the  journeymen,  and  at  that  rate  the  contractor  made 
forty  to  fifty  dollars.  For  this  reason,  I  advocate  the  section  as  it  stands. 
By  the  election  of  the  public  printer  by  the  people — giving  him  a  salary 
as  other  officers  of  State — giving  him  specific  duties,  and  making  hun  re- 
sponsible for  them  as  much  as  the  Executive  or  the  Secretary  of  State — 
we  shall  have  some  chance,  at  least,  of  receiving  the  services  of  an  honest 
man,  and  procuring  the  printing  of  the  State  at  something  like  a  reason- 
able price. 

Mr.  Slough.  Mr.  Chairman,  the  difference  between  the  systems  pro- 
posed by  the  gentleman  and  myself  is  about  this:  under  the  provisions  of 
the  article  in  the  report  a  single  individual — the  State  printer — will  have 
the  whole  matter  of  the  public  printing  in  his  own  hands;  whilst,  under 
the  system  prepared  in  the  amendment,  the  Legislature  may  provide  a 
board  of  State  officers  who  shall  open  and  let  the  contracts  to  the  lowest 
responsible  bidder.  It  seems  to  me,  that  if  there  are  several  public  officers 
engaged  in  this  matter,  there  will  be  less  liability  to  fraud  and  corruption, 
than  if  it  were  all  placed  in  the  hands  of  one  person.  This  is  found  to 
work  well  in  the  State  of  Ohio. 

The  substitute  was  adopted — affirmative  15,  negative  13 — and  so  the 
section,  as  amended,  passed. 

Sections  9  and  10  were  read  and  passed,  viz: 

"Sec.  9.  An  accurate  and  detailed  statement  of  the  receipts  and  ex- 
penditures of  the  public  money,  and  several  amounts  paid,  to  whom,  and 
on  what  account,  shall,  from  time,  be  published,  as  shall  be  prescribed  by 
law. 

Sec.  10.     The  Legislature  shall  have  power  to  reduce  the  salaries  of 


Wednesday,  July  20,  1859.  337 

officers,  who  shall  neglect  the  i)crforraance  of  any  duty  that  may  be  as- 
signed them  by  law." 

On  motion  by  Mr.  Slough,  the  committee  now  rose,  and  the  Chairman 
reported  the  bill  and  amendments. 

On  motion  by  Mr.  Stinson,  the  further  consideration  of  the  report  was 
postponed  till  the  printed  report  shall  come  in. 

The  President.  The  Chair  understands  that  the  order  replaces  the 
report  in  the  hands  of  the  committee  on  Amendments  and  Miscellaneous 
— to  be  returned  to  the  Convention  for  further  action.  It  is  not  referred 
to  the  committee  on  Phraseology  and  Arrangement. 

-THE    HOMESTEAD. 

The  first  report  from  the  committee  on  Amendments  and  Miscellaneous 
having  been  returned  according  to  order,  by  the  committee  on  Phraseology 
and  Arrangement,  was  now  ordered  to  be  taken  up. 

On  motion  by  Mr.  Thacher,  the  vote  on  the  adoption  of  the  home- 
stead section  was  reconsidered,  and  the  question  being  again  on  its  passage. 

Mr.  Thacher  proposed  to  strike  out  and  substitute  the  following: 
"A  homestead  of  not  more  than  160  acres  of  land  or  a  house  and  lot, 
neither  to  exceed  in  value  $2,000,  belonging  to  any  householder,  shall  be 
exempt  from  forced  sale  on  any  process  of  law,  and  shall  not  be  alienated 
without  the  joint  consent  of  both  husband  and  wife,  when  that  relation 
exists.  The  provisions  of  this  section  shall  not  apply  to  debts  contracted 
before  the  adoption  of  this  Constitution;  nor  to  liens  given  by  the  joint 
consent  of  both  husband  and  wife;  nor  to  the  obligations  incurred  for  the 
purchase  of  money  ^  or  the  improvement  upon  said  land;  nor  to  the  collec- 
tion of  taxes  lawfully  levied  thereon." 

Mr.  Ross.  Mr.  President,  I  move  to  amend  by  inserting  "$3,000"  in- 
stead of  "$2,000." 

The  amendment  was  rejected. 

Mr.  Slough.  I  move  to  strike  out  "S2.000,"  and  insert  "$1,000." 
Mr.  Kingman.  Mr.  President,  T  do  not  feel  well — physically  as  well 
as  mentally,  I  am  totally  unfitted  now  to  discuss  this  question  of  a  home- 
stead law,  and  I  do  not  attempt  it.  But  in  our  action  here,  T  wish  to  in- 
sist on  the  clear  distinction  between  the  homestead  and  an  exemption  law. 
And  I  can  see  in  the  substitute  proposed  by  the  gentleman  from  Douglas 
[*237]  (Mr.  *Thacher)  nothing  but  an  exemption  law.  It  looks  to  me 
that  every  essential  feature — every  requisite  of  a  homestead  law,  as  I 
have  advocated  it,  is  abandoned  in  this  substitute,  and  if  adopted  here,  I 
shall  abandon  all  hope  of  a  homestead  in  our  legislation.  To  limit  the 
value  of  the  homestead  to  two  thousand  dollars,  is  to  say  to  the  owner:  so 
long  as  your  land  remains  unimproved — so  long  as  it  shall  remain  poor 
and  sterile,  it  is  yours.  But  the  moment  you  put  your  labor  upon  it — the 
moment  3'ou  improve  and  adorn  it,  and  make  it  inhabitable  and  beautiful, 
it  shall  be  taken  away  from  you  for  the  payment  of  your  debts.  This 
amendment  tells  him  that  his  labor  shall  be  in  vain — tells  him  to  keep 
away  the  hand  of  improvement,  for  if  you  advance  its  value  beyond  our 
limit,  your  homestead,  your  reliance  for  the  support  of  your  family  is 
gone.  Sir,  any  limitation  on  the  value  of  the  homestead  is  wrong.  One 
hundred  thousand  dollars  is  as  disgusting  to  me  as  one  thousand.  I 
would  not  give  a  straw  for  the  difference,  in  this  provision,  between  these 

'  Note. — Undoubtedly  this  phrase  should  read  "For  the  purchase-money  of." — Ed. 
22 — 778 


338  Convention  Proceedings  and  Debates. 

two  sums.  In  either  case  it  is  opposed  to  the  principle,  that  a  home  is  a 
home — good  or  bad — valuable  or  valueless — it  is  simply  the  home,  the 
hearthstone,  the  fireside  around  which  a  man  may  gather  his  family,  with 
the  certainty  of  assurance  that  neither  the  hand  of  the  law,  nor  any,  nor 
all  of  the  uncertainties  of  life  can  eject  them  from  the  possession  of  it. 
Without  this  characteristic,  a  homestead  law,  to  my  mind  is  most  dis- 
tasteful. But  a  true  homestead  law  has  always  laid  very  near  my  heart, 
and  I  regret  that  both  physical  and  mental  infirmity  prevent  from  an  ex- 
position of  my  views  at  this  time.  If  the  value  of  a  man's  home  stands  up 
to  five  hundred  thousand  dollars — if  his  labor  and  a  wise  location  have 
made  it,  let  him  have  the  benefit  of  it — let  him  have  and  enjoy  his  home 
and  the  society  of  his  friends.  It  cannot  hurt  his  creditors — but  it  would 
give  him  credit  and  heart,  if  by  a  solemn  act  in  this  Constitution  he  were 
to  be  assured  that  no  impious  hand  can  disturb  his  possession — that  no  un- 
feeling creditor  can  touch  it.  I  am  willing,  sir,  that  the  original  article 
shall  be  so  amended  as  to  have  no  application  to  debts  heretofore  con- 
tracted. I  think  it  has  that  extent  as  it  now  stands.  But  I  am  not  willing 
to  give  up  this  homestead  entirely,  and  take  in  the  place  of  it  this  bastard 
child  of  an  exemption  law. 

Mr.  J.  Blood.  Mr.  President,  I  agree  with  the  gentleman,  that  this 
substitute  is  merely  proceeding  upon  the  exemption  of  a  certain  amount  of 
property,  and  is  not  a  homestead.  As  I  understand  the  substitute  it  does 
not  require  that  the  person  claiming  the  exemption  shall  be  a  resident  on 
the  land.  If  he  is  a  householder  in  the  State  of  Kansas,  he  is  entitled  to 
the  exemption,  without  being  a  resident  on  the  land.  I  mention  this  to 
show  the  effect  of  it  as  a  mere  exemption  law,  for  it  is  not  a  homestead 
law.  I  think  all  Legislatures  should  be  allowed  to  pass  liberal  exemption 
laws;  but  no  exemption  law  should  be  inserted  in  the  Constitution.  A 
homestead  would  be  less  objectionable  in  the  .Constitution.  The  original 
section  requires  that  the  land  or  house  and  lot  shall  be  owned  and  occu- 
pied by  the  claimant.  The  substitute  makes  no  such  provision,  but  ex- 
empts the  land,  without  requiring  the  beneficiary  to  reside  on  it.  I  believe, 
sir,  it  would  be  in  order  to  move  now  to  amend  the  original  article,  for  the 
par'iamentary  rule  says,  the  friends  of  a  bill  shall  be  allowed  to  make  it  as 
perfect  as  they  can  before  the  substitute  shall  be  put.  And  as  there  seems 
to  be  some  objection  to  the  original  here,  in  consequence  of  the  large 
amount  of  property  it  may  include,  I  propose  to  strike  out  "one  hundred 
and  sixty  acres,"  and  insert  "eightj^  acres." 

The  President.  The  Chair  is  of  opinion  that  the  gentleman's  amend- 
ment is  not  in  order  unless  the  gentleman  from  Douglas  will  withdraw. 

Mr.  Thacher.  Mr.  President,  I  think  the  distinction  which  my  friend 
from  Brown  (Mr.  Kinsman)  has  drawn  between  an  exemption  law  and  a 
homestead  law,  is  a  distinction  without  a  difference.  The  onlj'  distinction 
[*238]  he  saw  was  that  the  homestead  must  be  without  any  ^restriction 
upon  its  value.  But  now,  I  might  be  willing  to  strike  out  "two  thousand 
dollars,"  and  insert  "one  hundred  and  sixty  acres  of  land,"  or,  I  should 
think,  "eighty"  would  be  sufficient.  I  would  not  be  willing,  however,  for 
a  man  to  place  improvements  on  his  hundred  and  sixty  acres  to  the 
amount  of  a  hundred  thousand  dollars,  beautifying  and  adorning  his 
groimds,  and  then  turn  round  and  refuse  to  pay  his  debts.  In  the  State 
of  Wisconsin,  they  have  an  exemption  covering,  I  think,  half  an  acre  of 
ground,  and  it  is  alleged  that  there  is  a  man  owning  that  amount  in  the 
town  of  Milwaukie,  worth  half  a  miUion  of  dollars,  and  yet  they  cannot 


Wednesday,  July  20,  1859.  339 

collect  a  cent  from  him.  I  think  there  ought  to  be  a  point  beyond  which 
an  exemption  shall  not  go.  I  am  willing  that  the  limitation  shall  be  eighty 
acres.  I  am  not  willing  to  allow  any  man  to  sport  on  one  hundred  and 
sixty  acres,  obtain  credit  from  friendly  men,  and  then  turn  round  and 
cheat  them  out  of  it.  It  strikes  me  that  it  would  amount  even  to  a  law 
against  the  collection  of  debts.  I  think  eighty  acres,  with  no  limit  as  to 
its  value — (and  I  would  not  limit  the  value  of  the  house  and  lot) — would 
be  sufficient.  I  will  not  stand  upon  any  distinction  between  a  homestead 
and  an  exemption.  I  am  obliged  to  believe  that  that  principle  is  eminently 
benevolent  in  legislation,  which  guarantees  to  every  mother  and  every  child 
in  the  State  a  home,  to  which  they  may  retire  and  find  shelter  from  the 
storms  of  fife.  It  guarantees  a  sacredness  to  every  home,  of  whi^^h  I  be- 
lieve the  people  will  justify  an  exhibition  in  the  Constitution  of  the  State. 
I  am  with  the  gentleman  from  Brown.  I  can  freely  endorse  his  language 
with  respect  to  the  sacredness  of  home.  I  withdraw  the  substitute  for  the 
purpose  of  allowing  gentlemen  to  perfect  the  original  section. 

Mr.  WiNCHELL.  (I\Tr.  Townsend  in  the  Chair).  With  a  desire  to  ac- 
commodate views,  and  obviate  objections  that  have  been  raised,  I  shall 
ofi'er  an  amendment  for  the  consideration  of  the  Convention.  It  is  an 
amendment  which  I  believe  meets  the  views  of  those  gentlemen  whose 
ideas  correspond  with  my  own — such  ns  the  gentleman  from  Brown  (Mr. 
Kingman),  and  the  gentleman  from  Douglas  (Mr.  Thacher) ;  and  I  be- 
lieve it  is  the  prevailing  idea  of  the  Convention.  I  propose  to  strike  out 
the  first  three  lines  of  the  original  section,  and  insert  the  following  words: 

"A  homestead  to  the  extent  of  one  hundred  and  sixty  acres  of  prairie 
land,  or  of  one  acre  within  the  limits  of  any  incorporated  town  or  city, 
occupied  as  a  residence  by  the  family  of  the  owner,  together  with  all  im- 
provements on  the  same;"  so  that  the  section  will  read: 

"A  homestead  to  the  extent  of  one  hundred  and  sixty  acres  of  farming 
land,  or  one  acre  within  the  limits  of  any  incorporated  town  or  city,  occu- 
pied as  a  residence  by  the  family  of  the  owner,  toaether  with  all  the  im- 
provements on  the  same,  shall  by  law  be  exempted  from  forced  sale  under 
any  process  of  law;  and  shall  not  be  alienated  without  the  just  consent 
of  husband  and  wife,  but  no  property  shall  be  exempt  from  sale  for  taxes 
or  for  the  payment  of  obligations  contracted  for  the  purchase  of  said 
premises,  or  for  the  erection  of  buildings  thereon." 

I  propose  that  amendment,  believing  that  it  gives  to  the  mechanic,  or 
the  resident  of  any  town  or  city,  the  same  opportunity  of  improving, 
adorning  and  beautifying  his  home  that  it  gives  to  the  agriculturist.  It 
does  not  limit  the  value  of  the  improvements  in  either  case,  and  I  believe 
it  meets  the  views  of  the  friends  of  the  measure  generally.  It  makes  no 
difference,  whether  the  property  be  one  hinidred  and  sixty  acres  to  the 
farmer  in  the  country,  or  one  acre  to  the  mechanic  in  town — both  are 
equally  recognized  as  the  homestead  occupied  by  the  family  of  the  owner. 

Mr.  BuRRis.  Mv.  President,  I  move  to  amend  the  substitute,  by  strik- 
ing out  "one  hundred  and  sixty,"  and  inserting  "eighty";  and  by  striking 
out  "one,"  and  inserting  "one-half  "  Eighty  acres  of  land  in  Kansas  it 
[*239]  seems  to  me  *is  a  homestead  amply  sufficient  for  any  one  family 
to  live  and  obtain  a  support  upon.  The  design  is  to  secure  a  home  for  the 
wife  and  children,  and  I  tliink  that  end  will  be  fully  accomplished  by  secur- 
ing eighty  acres  of  land.  Then  a  half  acre  is  quite  large  enough  for  a 
city  homestead.    It  is  of  sufficient  size  to  erect  a  mansion  upon — ample  for 


340  Convention  Proceedings  and  Debates. 

the  erectiou  of  the  most  costly  improvements;   and  eighty  acres  would 
make  a  large  farm. 

Mr.  Blunt.    Mt.  President,  is  a  second  substitute  now  in  order? 

Mr.  President.  The  Chair  will  rule  that  a  substitute  for  the  whole  is 
now  in  order. 

Mr.  Blunt.    Then  I  offer  the  following  as  a  substitute  for  the  whole: 

"The  Legislature  shall  provide  by  law  for  the  exemption  from  forced 
sale  upon  any  process  of  law,  except  for  taxes,  an  amount  of  property, 
either  real  or  personal,  not  less  in  value  than  one  thousand  dollars.  Pro- 
vided, that  such  exemption  shall  not  apply  to  any  purchase  money  for  any 
tract  of  land  claimed  under  such  exemption  law,  or  any  mortgage  or  deed  of 
trust  that  may  be  lawfully  obtained,  or  for  debts  contracted  for  labor 
bestowed  upon  any  premises  claimed  under  such  la^y." 

It  was  laid  on  the  table. 

The  question  recurred  on  Mr.  Burns'  amendment  to  Mr.  Winchell's 
amendment. 

Mr.  HorsTON.  Mr.  President,  I  regret  the  necessity  of  haA-ing  to  speak 
more  than  once  on  the  subject.  But  I  feel  that  it  is  a  subject  worthy  of 
especial  attention.  And  I  ask  gentlemen,  before  they  step  in  this  matter, 
to  remember  that  we  are  upon  a  question  that  requires  deliberation  We 
should  tread  softly,  till  we  can  see  clearly.  There  are  gentlemen  in  this 
body  who  wish  to  defeat  this  measure,  by  mingling  an  exemption  law  with 
the  homestead.  Sir,  I  regard  this  as  a  great  measure  of  State  poHcy,  which 
is  to  enlarge  and  beautify  the  future  State  of  Kansas ;  and  I  wish  gentlemen, 
when  they  think  of  the  homestead,  to  think  of  it  as  something  worth  pre- 
serving— a  great  State  measure — to  be  placed  in  the  organic  law — to  secure 
the  homes  of  the  people  against  all  the  fluctuations  of  trade.  For,  on  the 
other  hand,  if  it  be  left  to  the  Legislature,  if  they  see  proper  to  pass  an 
exemption  law,  it  will  be  constantly  subject  to  the  fluctuations  incident  to 
legislation.  With  reference  to  this  section  as  it  once  passed  the  Conven- 
tion, I  have  said  before,  that  I  regard  it  as  imperfect.  But  I  do  not  expect 
to  get  a  measure  exactly  in  accordance  with  my  views.  I  think  this  amend- 
ment, submitted  by  the  President,  obviates  some  objections.  I  think  we 
ought  to  require  the  man  who  enjoys  a  homestead-exemption  to  reside  upon 
it.  Then  again,  the  objection  as  to  the  unequal  bearing  of  the  orifxinal 
section  because  it  looked  more  to  the  security  of  the  farmer,  is  obviated 
by  the  clause  giving  to  the  mechanic — the  man  living  in  town  or  city — 
one  acre  of  land  and  improvements.  We  must  all  consider  the  difficulties 
in  providing  a  homestead  that  shall  be  perfectly  free  from  objection.  It  is 
to  be  judged  comparatively.  It  can  only  approximate  to  the  perfection  we 
ail  desire.  I  do  not  wonder  that  our  friends  of  the  legal  profession  here  are 
opposed  to  the  homestead.  It  would  hurt  their  craft;  for  by  their  craft 
they  have  their  wealth.    It  would  injure  the  collecting  business — 

Mr.  McDowell.  Mr.  President,  I  rise  to  a  point  of  order.  The  gen- 
tleman from  Riley  is  reflecting  upon  a  worthy  class  of  delegates  in  this 
body. 

]\'Tr.  Houston.  I  ask  the  gentleman's  pardon,  sir.  But  I  know  that  it  is 
by  this  credit  system  he  has  his  wealth,  and  that  the  homestead,  by  re- 
stricting that,  must  affect  his  pocket.  Of  course,  I  do  not  complain  of 
those  who  stand  with  us  on  this  measure.  But  it  looks  most  natural  that 
they  would  all  go  in  the  opposite  direction.  But,  with  reference  to  this 
pighty  acres  reduction  proposed  by  the  gentleman  from  Johnson  (Mr. 
Burris),  I  have  this  to  say.     We  are  a.'iking  Congress  for  a  homestead  of 


Wednesday,  July  20,  1859.  341 

one  hundred  and  sixty  acres  for  the  actual  settler.  This  measure  has  be- 
[*240]  come  coimected  with  the  great  *Republican  party:  and  yet  we 
see  Republicans  here  trying  to  divide  and  say  eighty  acres !  So  giving  occa- 
sion for  men  to  say:  They  are  asking  Congress  to  do  for  them  what  they 
are  not  willing  to  do  for  themselves.  I  once  knew  a  gentleman  opposed  to 
us  as  a  party,  who  offered  this  particular  reason  against  a  homestead:  He 
said  it  would  enlarge  the  area  of  freedom,  and  soon  convert  this  beautiful 
land  into  homes  for  free  labor!  That  such  a  man  should  oppose  the  home- 
stead, I  do  not  wonder.  But  that  members  of  the  Republican  party  should 
hesitate  upon  tliis  measure,  so  imperatively  demanded  by  the  exigencies 
of  the  age,  is  doubly  strange  indeed.  Sir,  I  do  not  wish  to  consume  time 
by  discussion.  Let  us  be  consistent,  and  vote  down  the  amendments  of 
the  Opposition. 

Mr.  Blunt.  Mr.  President,  1  would  like  to  have  the  reading  of  the 
proposition  as  it  would  be  if  amended. 

The  Secretarj'  read  the  article  as  proposed  to  be  amended. 

Mr.  Blunt.  I  am  unwilling,  sir,  to  occupy  time  unnecessarily,  but  I 
cannot  see  this  pass  without  giving  some  of  the  reasons  which  induce  me  to 
vote  against  the  projiosition  as  it  stands.  While  I  am  willing  and  anxious 
to  co-operate  with  members  of  this  Convention  to  secure,  as  far  as  our 
action  can  secure,  an  exemption  law  which  shall  protect  all  classes  of  men, 
yet  I  cannot  sustain  the  proposition  now  before  the  House.  There  are 
gentlemen  on  this  floor,  who  seem  to  have  got  it  into  their  heads,  that  this 
pro\dsion  for  a  homestead  exemption  is  an  irrepressible  popular  move- 
ment; and  they  seem  to  have  come  here  predetermined  on  the  subject, 
and  fearing  that  their  views  on  the  question  might  lose  strength  by  com- 
parison with  others,  the}'  conclude  that  the  best  way  is  to  force  the  thing 
through — to  table  every  proposition  that  comes  up  which  proposes  an  ex- 
emption law  different  in  its  features  from  that  which  was  adopted  yes- 
terday. And  for  all  that  I  can  perceive,  there  is  very  httle  difference  be- 
tween the  proposition  now  before  the  House,  and  the  proposition  which 
was  passed  yesterday,  and  which,  I  find,  is  creating  more  excitement  and 
feeling  outside  than  any  other  proposition  upon  which  we  have  acted. 
And  I  do  not  hesitate  to  tell  gentlemen,  that  in  voting  for  this  homestead 
exemption,  they  are  voting  down  their  Constitution.  1  believe  it  will  de- 
feat its  ratification  by  the  people.  And  I  would  ask  those  who  are  in 
favor  of  this  movement— if  they  wish  to  see  this  Constitution  become  the 
organic  law  of  Kansas — if  they  will  put  through  this  proposition  in  its 
present  shape,  which  I  know  to  be  obnoxious  to  the  great  mass  of  the 
people,  then  I  ask  them  to  submit  this  article  in  a  separate  ballot,  and  not 
go  on  and  drag  down  the  Constitution  by  it.  I  tell  gentlemen  that  there 
are  certainly  some  counties  that  would  vote  against  the  Constitution  in 
view  of  this  exemption  law  alone,  though  they  might  be  in  favor  of  every 
other  part  of  the  instrument.  My  object  in  offering  the  substitute  which 
was  laid  on  the  table  was,  that  we  might  provide  for  an  exemption  law 
whose  benefits  should  enure  to  all  classes  of  people.  I  want  the  mechanic 
and  laborer  protected,  just  so  much  as  the  person  who  is  so  fortunate  as  to 
own  real  estate.  But  gentlemen  say,  let  them  go  and  buy  a  farm — let  them 
buy  a  house  and  lot — and  then  they  can  come  under  the  exemption  pro- 
visions. That  might  be  easily  done,  if  they  were  so  fortunate  as  to  have 
the  money  to  do  it.  The  difficulty  is,  that  gentlemen  go  upon  the  }■) re- 
sumption that  every  man  has  as  much  money  as  he  knows  what  to  do  with 
— that  he  has  a  surplus  fund  to  invest,  especially  when  he  needs  an  ex- 


342  Convention  Proceedings  and  Debates. 

emption  law!  But  this  is  not  the  case.  There  are  very  many  worthy 
mechanics  and  inckistrious,  laboring  men,  whose  means  are  limited,  who 
would  be  most  of  all  others  benefited  by  the  privilege  we  propose  to  im- 
part by  this  homestead  to  every  man  coming  under  its  provisions.  They 
have,  perhaps,  no  more  capital  than  is  necessary  for  immediate  use  in 
carrying  on  a  mechanical  craft  for  the  purposes  of  stock,  and  they  are 
[*241]  necessarily  com^pelled  to  rent.  And  it  is  not  to  be  presumed  that 
they  can  be  generally  clear  out  of  debt!  They  are  just  as  likely  to  be  in 
debt,  as  men  that  till  the  soil.  But,  sir,  your  article  here  gives  these  men  no 
protection  at  all.  Their  stock,  their  tools,  and  the  last  bed  for  their 
family  may  be  sold — unless,  perchance,  the  Legislature  should  provide  an 
exemption  law,  in  addition  to  your  homestead;  and  I  think,  after  the  re- 
ception which  this  homestead  is  destined  to  meet  with  among  the  people, 
the  Legislature  will  not  be  very  likely  to  exempt  property  from  execution. 
Let  us  look  at  it.  Suppose  a  man  is  the  owner  of  one  hundred  and  sixty 
acres  of  land,  well  improved  and  valuable.  He  is  independent — not  under 
the  necessity  of  tilling  the  soil  with  his  own  hands,  but  hires  a  tenant  for 
that,  who  is  located  on  one  corner  of  his  land,  who  owns  no  realty,  but 
whose  property  consists  entirely  of  chattels — horses,  wagons,  farming  im- 
plements, such  as  are  neces.«ary  to  cultivate  this  farm.  And  in  conse- 
quence of  the  labor  which  this  tenant  bestows  on  this  farm,  the  owner 
necessarily  becomes  indebted  to  him,  say  two  or  three  hundred  dollars, 
and  still  has  no  other  property  but  this  land — is  it  not  clear,  that  in  such 
a  case,  under  your  homestead,  the  tenant  has  no  protection?  He  can 
neither  collect  from  his  landlord,  nor  prevent  his  own  creditors  from  tak- 
ing away  his  horses,  cows,  wagons,  implements,  and  the  last  article  of 
property  he  has — all  this,  while  the  man  who  owns  his  hundred  and  six-ty 
acres  of  land,  highly  cultivated  and  richly  improved,  is  protected  by  law! 
and  the  man  whose  labor  has  been  thus  bestowed,  is  inhibited  from  collect- 
ing his  just  dues  from  such  a  man!  I  warn  gentlemen  against  attempting 
to  strike  down  this  Constitution  by  incorporating  such  a  provision  as  that 
— but  let  it  be  submitted  to  the  people  by  a  separate  ballot.  If  the  people 
desire  it,  of  course  they  will  ratify  it;  and  by  submitting  it  in  this  way 
you  do  not  endanger  the  Constitution  itself.  If  we  do  not  take  this  course, 
the  inevitable  conclusion  in  my  mind  is,  that  the  peoj^Ie  will  reject  the 
whole  thing — and  so  it  will  result,  that  instead  of  legislating  for  the  people, 
we  are  but  legislating  to  make  the  people  repudiate  this  Convention. 

I  know,  sir,  and  admit,  that  there  is  no  person  who  needs  the  protec- 
tion of  a  homestead  more  than  myself;  but  I  have  not  been  called  here 
to  legislate  for  myself,  but  for  the  people  of  Kansas.  The  gentleman  from 
Eiley  (Mr.  Houston)  attempts  to  sustain  this  provision,  by  bringing  up 
the  idea  of  a  homestead  grant  by  Congress.  There  is  no  similarity  be- 
tween the  two.  I  understand  that  the  homestead  exemption  by  Congress 
proposes  to  give — to  donate  out  of  the  public  domain — one  hundred  and 
sixty  acres  of  land  to  every  man  who  will  settle  upon  and  cultivate  it,  and 
thereby  enhance  the  value  of  the  balance  of  the  public  domain,  and  so 
conduce  to  the  general  wealth  and  prosperity  of  the  country.  And  I 
think  it  is  perfectly  legitimate,  if  they  make  this  donation,  that  they 
should  protect  and  secure  him  in  the  enjoyment  of  it,  by  providing  by  a 
national  law  that  it  shall  be  and  remain  forever  exempt  from  execution 
in  his  hands.  And  if  we  were  owner  of  the  public  domain,  and  would  say 
to  the  people  of  Kansas:  Here,  each  man  take  his  hundred  and  sixty 
acres  and  settle  upon  and  improve  it,  and  it  shall  be  forever  secure  in 
your  hands  from  forced  sale  under  execution  or  any  process  of  law,  I 


Wednesday,  July  20,  1859.  343 

believe  we  would  have  the  right  to  add  to  the  donation  such  terms  and 
conditions  as  we  might  see  proper.  But  we  do  not  stand  in  that  relation 
to  the  people,  and  so  far  the  two  cases  are  entirely  dissimilar.  And  al- 
though I  am  in  favor  of  protecting  the  people  from  all  unnecessary  im- 
pressments incident  to  misfortune  and  mismanagement  in  trade — although 
I  am  in  favor  of  protecting  the  debtor  against  the  rigor  of  the  law,  yet, 
[*242]  if  I  cannot  extend  that  se*curity  to  all  classes,  without  distinction 
as  to  vocation  or  calling,  I  shall  be  compelled  to  forego  the  benefits  of 
such  a  provision  in  this  Constitution.  I  am  constrained,  sir,  to  vote  against 
any  proposition  which  discriminates  in  favor  of  one  class  of  men  and 
against  another. 

Mr.  McDowell.  Mr.  President,  I  rise  to  a  personal  explanation.  I 
hold  in  my  hand  The  Wyandotte  Daily  Commercial  Gazette,  of  July  20, 
1859,  and  I  notice  that  in  the  list  which  it  contains  of  the  worthy  members 
and  officers  of  this  Convention,  my  name,  among  others,  is  mentioned. 
But,  in  the  first  place,  one  of  the  initial  letters  of  my  name  is  wanting.  I 
am  presented  here  as  "William  McDowell."  The  "William"  is  right,  but 
my  name  is  "William  C.  McDowell,"  and  I  insist  that  it  shall  be  so 
marked  in  this  list.  The  C.  in  my  name,  sir,  represents  a  distinguished 
man,  and  on  his  behalf  I  propose  to  have  this  letter  inserted.  The  C. 
stands  for  "Cyrus,"  and  as  that  distinguished  character  is  not  present  to 
speak  for  himself,  I  insist  upon  his  rights  in  the  case.  But,  sir,  in  addi- 
tion to  this,  I  am  represented  as  being  "81"  years  old.  Now,  I  know,  I 
am  willing  to  consider  that  the  gravity  of  my  deportment,  and  the  great 
wisdom  of  my  suggestions  here,  entitle  me  to  be  assigned  an  age  perhaps 
much  in  advance  of  any  other  member  on  this  floor.  But  I  do  not  know 
whether  our  worthy  Secretary,  who  made  this  list,  under  the  resolution 
of  my  colleague  (Mr.  Brown j  drew  this  supposition  to  be  my  age  from 
the  character  of  my  remarks  on  this  floor — so  redolent  of  wisdom — or 
whether  he  has  been  pleased  simply  to  make  a  little  slur  at  my  bald  head. 
I  have  seen  men  at  eizhty-one  whose  heads  were  not  as  bald  as  mine.  But 
I  see  a  gentleman  before  me — much  younger  than  eighty-one — Colonel 
Slough,  of  Leavenworth — whose  head  is  much  more  bald  than  mine;  and 
his  age,  I  suppose,  is  correctly  recorded  here.  Mr.  President,  I  demand 
these  corrections  be  made.    (Laughter). 

Mr.  Thacher.  I  propose  that  the  gentleman's  age  be  changed  to 
"seventy-five." 

The  President.    Gentlemen  are  not  in  order. 

Mr.  Ritchie.  Mr.  President,  it  seems  to  me  that  this  proposition  in- 
volves a  test  question.  I  understand  that  one  of  the  planks  in  the  platform 
of  the  Republican  party  is,  to  give  homes  to  the  homeless.  I  do  not  insist 
on  the  passage  of  the  proposition  on  account  of  this  plank,  for  I  do  not 
believe  it  belongs  exclusively  to  the  Republican  party.  I  believe  that 
men  of  aU  parties — except  the  President  of  the  United  States — so  far  as 
I  have  heard  any  expression,  have  been  in  favor  of  this  plank.  But,  now, 
Mr.  President,  it  seems  to  me  that  we  are  called  upon,  not  only  as  Re- 
pubhcans,  but  as  Democrats,  to  come  up  to  this  cause,  and  show  that  we 
are  in  favor  of  this  liberal  provision  in  behalf  of  the  poor.  I  believe,  sir, 
that  we  are  no  longer  in  any  danger  of  the  system  of  American  slavery 
being  extended  over  the  rich  plains  of  Kansas.  But  I  am  fearful  that 
another  system  of  oppression — sometimes  called  the  money-power — is  about 
to  take  possession  of  us;  and  I  appeal  to  the  Convention  in  behalf  of  a 
suffering  humanity,  in  behalf  of  unfortunate  fathers  and  mothers  and  their 
posterity  in  poverty,  that  they  may  be  protected  by  the  arm  of  the  law, 


344  Convention  Proceedings  and  Debates. 

and  have  and  enjoy  a  home  that  can  not  be  violated  by  the  act  of  the 
money-sharpers. 

Mr.  Griffith.  Mr.  President,  I  concur  entirely  in  the  remarks  of  the 
gentleman  from  Brown  (Mr.  Kingman)  in  regard  to  the  principle  involved 
in  this  question.  But  I  am  free  to  confess  that  the  proposition  adopted 
yesterday  is  imperfect.  Indeed,  that  was  seen  at  the  time.  But  we 
thought  we  perceived  a  manifest  disposition  to  vote  down  the  entire  propo- 
sition. I  rather  think,  sir,  that  the  amendment  offered  by  the  honorable 
President  of  the  Convention  does  not  exactly  meet  the  difficulty  yet — 
does  not  cover  the  whole  ground — and,  if  in  order,  I  beg  leave  to  offer 
[*243]     *a  substitute  for  the  whole,  which  I  will  read  from  my  place: 

"A  homestead  of  not  more  than  eighty  acres  of  land,  used  for  farming 
purposes,  or  in  lieu  thereof  a  house  and  lot,  occupied  as  a  residence  by  the 
owner,  shall  be  exempt  from  forced  sale,  except  for  taxes,  or  for  the  pay- 
ment of  obligations  contracted  for  the  purchase  of  said  homestead,  or  for 
the  erection  of  buildings  thereon,  or  for  the  payment  of  debts  heretofore 
contracted,  and  shall  not  be  alienated  without  the  joint  consent  of  husband 
and  wife,  in  cases  where  that  relation  exists." 

This  is  silent  in  regard  to  mortgages,  but  I  hold  that  the  last  clause 
covers  that.  I  ask,  sir,  if  a  mortgage  is  not  a  conditional  sale?  and  if  it 
have  the  names  signed — the  wife's  name  annexed,  it  covers  the  whole 
ground.  I  wish  to  offer  no  remarks,  sir.  I  believe  we  are  largely  in  favor 
of  a  wholesome  homestead.  We  differ  only  in  details.  I  propose  to  accom- 
modate views  by  reducing  the  exemption  to  eighty  acres,  which  may  be  sold 
only  for  taxes,  for  debts  heretofore  contracted,  or  for  the  purchase  of  the 
homestead,  or  the  erection  of  buildings  thereon — also  making  the  condition 
of  residence  by  the  owner. 

Mr.  Thacher.  Mr.  President,  I  think  the  substitute  is  well  drawn,  and 
that  it  secures  parties  all  round.  There  is  only  one  consideration  as  be- 
tween the  two  propositions,  and  that  is,  whether  we  shall  say  "eighty,"  or 
"a  hundred  and  sixty  acres."    I  am  content  to  call  it  "eighty." 

Mr.  Blunt.  As  it  is  the  fashion,  I  move  to  lay  the  gentleman's  substi- 
tute on  the  table. 

There  was  no  second. 

Mr.  Burris.  I\Ir.  President,  if  I  understand  the  substitute,  there  is  no 
exception  made  for  debts  contracted  before  the  adoption  of  this  Constitu- 
tion. If  that  is  so,  I  object.  Otherwise,  I  do  not  see  any  difference  between 
that  and  the  other  amendment  which  I  offered. 

Mr.  Thacher.    I  understand  that  is  in  it. 

Mr.  Graham.  Mr.  President,  I  move  to  strike  out  "eighty,'"  and  insert 
"one  hundred  and  sixty." 

The  motion  was  rejected — affirmative  13,  negative  17. 

Mr.  Graham.  Mr.  President,  I  now  move  to  lay  the  substitute  on  the 
table. 

The  yeas  and  nays  being  demanded,  ordered  and  taken  thereon,  re- 
sulted— yeas  30,  nays  16 — as  follows: 

Yeas — Messrs.  Burnett,  Blunt,  Brown,  Barton,  Burris,  Foster,  P'or- 
man,  Graham,  Greer,  Hippie,  Hubbard,  Hutchinson,  Houston,  Hoffman, 
Ingalls,  Kingman,  A'iddleton,  McClelland,  Moore,  McDowell,  McCune,  Mc- 
Cullough,  Porter,  Ross,  Slough,  Stiarwalt,  Stokes,  Townsend,  J.  Wright, 
Wrigley— 30. 

Nays — Messrs.  Arthur,  J.  Blood,  N.  C.  Blood,  Crocker,  Dutton,  Griffith, 


Wednesday,  July  20,  1859.  345 

Hanway,  Lillie,  Lamb,  Preston,  Palmer,  Ritchie,  Signer,  Simpson,  Thacher, 
Williams — 16. 

So  the  substitute  was  laid  on  the  table. 

The  question  recurred  on  the  amendment  offered  by  Mr.  Burris. 

On  motion  by  Mr.  Graham,  it  was  also  laid  on  the  table. 

The  question  recurring  again  on  Mr.  President  Winchell's  amendment. 

Mr.  Thacher.  Mr.  President,  would  it  be  in  order  to  offer  an  amend- 
ment to  protect  contracts  made  before  the  adoption  of  this  Constitution? 

The  PREsmENT  (Mr.  Townsend  in  the  Chair).  It  would  not  be  in 
order. 

Mr.  WiNCHELL.  I  propose  to  modify  it  so  as  to  read,  "a  homestead  not 
exceeding  eighty  acres;"  and  as  to  the  house  and  lot,  insert,  "as  shall  be 
provided  by  law." 

The  President.    It  is  not  in  order. 

Mr.  Greer.  Mr.  President,  I  move  to  amend,  by  striking  all  after  the 
words,  "for  the  payment  of  taxes." 

The  President.  The  question  is  on  Mr.  Winchell's  amendment — strik- 
ing out  and  inserting  new  matter  for  the  first  three  lines  of  the  section. 

l\Ir.  Winchell's  amendment  was  adopted — affirmative  33,  negative  7. 

Mr.  Greer.  Mr.  President,  I  now  move  to  amend,  by  striking  out  all 
[*244]  after  the  words,  *"for  the  payment  of  taxes."  I  make  this  mo- 
tion for  the  purpose  of  placing  the  proposition  before  the  Convention  in 
its  proper  light.  It  starts  out  with  the  proposition,  that  it  is  a  homestead. 
But  it  cannot  be  a  homestead  if  the  owner  is  permitted  to  encumber  it  so 
as  to  authorize  its  sale  for  indebtedness.  It  would  be  a  mere  exemption 
law  (so  objectionaWe  to  the  gentleman  from  Brown  and  others),  if  the 
parties  may  give  a  lien  under  which  it  may  be  sold.  If  we  are  to  call  it  a 
homestead,  let  us  make  it  a  homestead.  But  if  it  is  to  be  an  exemption 
law,  let  us  change  the  title. 

Mr.  Thacher.  Mr.  President,  if  you  strike  that  out,  you  allow  the 
party  no  power  over  their  place  at  all,  and  it  seems  to  me  it  would  open 
a  wide  door  for  fraud. 

Mr.  Greer's  amendment  was  rejected. 

The  homestead  section,  as  amended,  was  then  passed  the  Convention. 

On  motion  by  Mr.  Thacher,  it  was  again  referred  to  the  committee  on 
phraseology  and  arrangement,  and  ordered  to  be  printed. 

Mr.  Thacher.  Mr.  President,  I  would  ask  the  chairman  of  the  com- 
mittee on  the  Executive  department,  if  that  committee  is  ready  to  report? 

Mr.  Greer.    Our  report  is  still  in  the  hands  of  the  printer. 

Mr.  Thacher.  I  would  inquire  of  the  chairman  of  the  committee  on 
printing,  whether  we  shall  have  any  other  reports  printed  to-day? 

Mr.  Ross.  The  report  of  the  committee  on  Executive  department  will 
be  ready  verj'  soon.  It  was  promised  at  this  time.  There  are  two  reports 
promised  to-day.  I  do  not  think  there  will  be  any  other  besides  the  Ex- 
ecutive report  ready  this  afternoon. 

Mr.  Thacher  made  an  ineffectual  motion  to  adjourn;  and  then — 

On  motion  by  Mr.  Barton,  the  Convention  took  a  recess  till  3  o'clock 
this  afternoon. 


346  Convention  Proceedings  and  Debates. 

AFTERNOON  SESSION. 

The  President  called  the  Convention  to  order  at  3  o'clock. 

Mr.  BuRRis.    Mr.  President,  I  have  a  resolution  T  would  like  to  offer: 

Resolved,  That  the  courtesies  of  this  Convention  be  tendered  to  Earl 
Marble,  of  the  St.  Joseph  Free  Democrat,  and  that  he  be  invited  to  a  seat 
within  the  bar. 

The  resolution  was  adopted. 

Mr.  Thacher.  Mr.  President,  I  would  enquire  whether  we  have  the 
report  of  the  committee  on  the  Executive  before  us  yet? 

Mr.  Greer.    You  have  not. 

A  Voice.  I  understand  the  printed  report  is  in  the  Hall,  but  not  yet 
distributed. 

Mr.  Blunt.    Do  I  understand  the  report  is  before  the  Convention? 

The  President.    It  is  not  before  the  Convention. 

Mr.  Thacher.    I  call  for  it. 

Mr.  Greer.  Mr.  President,  I  offer  the  following  report  from  the  com- 
mittee on  the  Executive  department: 

executive  department. 

"Section  1.  The  Executive  Department  of  the  State  shall  consist  of  a 
Governor,  Secretary  of  State,  Auditor,  Treasurer  and  Attorney-General; 
who  shall  be  chosen  by  the  electors  of  the  State  at  the  time  and  place  of 
voting  for  members  of  the  General  Assembly,  and  shall  hold  their  offices 
for  the  term  of  two  years  from  the  2d  Monday  of  January  next  after  their 
election,  and  until  their  successors  are  elected  and  qualified. 

Sec.  2.  The  returns  for  every  election  for  the  officers  named  in  the 
foregoing  section,  shall  be  sealed  up  and  transmitted  to  the  seat  of  Gov- 
ernment by  the  returning  officers,  directed  to  the  President  of  the  Senate, 
who,  during  the  first  week  of  the  session  shall  open  and  publish  them,  and 
declare  the  result  in  the  presence  of  the  majority  of  the  members  of  each 
House  of  the  General  Assembly,  and  the  person  having  the  highest  number 
[*245]  of  votes  shall  be  declared  "duly  elected;  but  if  any  two  or  more 
shall  be  highest  and  equal  in  votes  for  the  same  office,  one  of  them  shall  be 
chosen  by  the  joint  vote  of  both  Houses. 

Sec.  3.  The  supreme  Executive  power  of  this  State  shall  be  vested  in 
the  Governor. 

Sec.  4.  He  may  require  information  in  writing  from  the  officers  in  the 
executive  department,  upon  any  subject  relating  to  the  duties'  of  their  re- 
spective offices,  and  shall  see  that  the  laws  are  faithfully  executed. 

Sec.  5.  He  shall  communicate  at  every  session,  by  Message,  to  the 
General  Assembly,  the  condition  of  the  State,  and  recommend  such  meas- 
ures as  he  shall  deem  expecUent. 

Sec.  6.  He  may,  on  extraordinary  occasions,  convene  the  General  As- 
sembly by  proclamation,  and  shall  state  to  both  Houses,  when  assembled, 
the  purposes  for  which  they  have  been  convened. 

Sec.  7.  In  case  of  disagreement  between  the  two  Houses  in  respect  to 
the  time  of  adjournment,  he  shall  have  power  to  adjourn  the  General  As- 
sembly to  such  time  as  he  may  think  proper,  but  not  beyond  the  regular 
meetings  thereof. 


Wednesday,  July  20,  1859.  347 

■  Sec.  8.  He  shall  be  commander-in-chief  of  the  military  and  naval  forces 
of  the  State,  except  when  they  shall  be  called  into  the  service  of  the  United 
States. 

Sec.  9.  He  shall  have  power,  after  conviction,  to  grant  reprieves,  com- 
mutations and  pardons,  for  all  fines  and  offenses  except  treason  and  cases 
of  impeachment,  upon  such  conditions  as  he  may  think  proper;  subject, 
however,  to  such  regulations,  as  to  the  manner  of  applying  for  pardons, 
as  may  be  prescribed  by  law.  Upon  conviction  for  treason  he  may  sus- 
pend the  e.xecution  of  the  sentence,  and  report  the  case  to  the  General  As- 
sembly at  its  next  meeting,  when  the  General  Assembly  shall  either  pardon, 
commute  the  sentence,  direct  its  execution,  or  grant  a  further  reprieve.  He 
shall  communicate  to  the  General  Assembly,  at  even,^  regular  session,  each 
case  of  reprieve,  commutation  or  pardon  granted;  stating  the  name  and 
crime  of  the  convict,  the  sentence,  its  date,  and  the  date  of  the  commuta- 
tion, pardon  or  reprieve,  with  his  reasons  therefor. 

Sec.  10.  There  shall  be  a  Seal  of  the  State,  which  shall  be  kept  by  the 
Governor,  and  used  by  him  officially;  and  shall  be  called  ''The  Great  Seal 
of  the  State  of  Kansas." 

Sec.  11.  All  grants  and  commissions  shall  be  issued  in  the  name  and  by 
the  authority  of  the  State  of  Kansas;  sealed  with  the  Great  Seal,  signed 
by  the  Governor,  and  countersigned  by  the  Secretary  of  State. 

Sec.  12.  No  member  of  Congress,  or  other  person  holding  office  under 
the  authority  of  this  State,  or  of  the  United  States,  shall  execute  the  office 
of  Governor,  except  as  herein  provided. 

Sec.  13.  In  case  of  the  death,  impeachment,  resignation,  removal  or 
other  disability  of  the  Governor,  the  power  and  duties  of  the  office  for  the 
residue  of  the  term,  or  until  he  shall  be  acquitted,  or  the  disability  re- 
moved, shall  devolve  upon  the  President  of  the  Senate. 

Sec.  14.  The  President  of  the  Senate  shall  vote  only  when  the  Senate 
is  equally  divided,  and  in  case  of  his  absence  or  impeachment,  or  when  he 
shall  exercise  the  office  of  Governor,  the  Senate  shall  choose  a  President 
pro  tempore. 

Sec.  15.  If  the  President  of  the  Senate,  while  executing  the  office  of 
Governor,  shall  be  impeached,  displaced,  resign  or  die,  or  otherwise  be- 
come incapable  of  performing  the  duties  of  the  office,  the  Sjjeaker  of  the 
House  of  Representatives  shall  act  as  Governor  until  the  vacancy  is  filled 
or  disability  removed. 

Sec.  16.  Should  the  office  of  Auditor,  Secretary  or  Attorney-General 
become  vacant,  for  any  of  the  causes  specified  in  the  15th  section  of  this 
article,  the  Governor  shall  fill  the  vacancy  until  the  disability  is  removed, 
or  a  successor  elected  and  qualified.  Every  such  vacancy  shall  be  filled  by 
election,  at  the  first  general  election  that  occurs  more  than  tliirty  days 
[*246]  after  it  shall  have  happened;  and  the  person  chosen  shall  *hold 
the  office  for  the  full  term  fixed  in  the  second  section  of  this  article. 

Sec.  17.  The  officers  mentioned  in  this  article  shall,  at  stated  times, 
receive  for  their  services  a  compensation  to  be  established  by  law,  which 
shall  neither  be  increased  nor  diminished  during  the  period  for  which  they 
shall  have  been  elected. 

Sec.  18.  The  officers  of  the  Executive  department,  and  of  the  public 
State  institutions,  shall,  at  least  five  days  preceding  each  regular  session 
of  the  General  Assembly,  severally  report  to  the  Governor,  who  shall 
transmit  such  jeports,  with  his  Message,  to  the  General  Assembly." 


348  Convention  Proceedings  and  Debates. 

Mr.  Thacher.    I  move  to  go  into  committee  of  the  whole. 
The  motion  was  agreed  to. 

The  Convention  accordingly  resolved  itself  into  a  committee,  Mr.  Bur- 
nett in  the  Chair,  and  took  up  the  consideration  of  the  report  on  the  Ex- 
ecutive. 

Mr.  Slough.    I  move  that  the  report  be  taken  up  section  by  section. 

The  motion  was  agreed  to. 

Section  1  was  read. 

Mr.  Stikson.  Mr.  Chairman,  I  move  to  amend  by  inserting  after  the 
word  "Governor"  the  words  "Lieutenant-Governor." 

Mr.  McDow^ELL.  ]Mr.  Chairman,  before  that  motion  is  put  I  want 
simply  to  say  a  word.  This  matter  was  considered  in  committee,  and  we 
thought  it  advisable  to  have  no  Lieutenant-Governor  in  the  new  State  of 
Kansas.  We  thought  it  was  a  useless  office  and  therefore  incurred  a  use- 
less expense — a  sort  of  a  figure  on  the  chequer  board  that  don't  amount 
to  much.  Since  broaching  the  matter,  however,  we  have  discovered  there 
are  so  many  gentlemen  here  wishing  to  fill  that  office,  that  we  think  it 
might  be  changed. 

Air.  Stinson.  I  would  state  that  Mr.  McDowell's  opposition  to  creating 
the  office  has  only  been  withdrawn  since  one  of  his  friends  suggested  that 
he  might  receive  the  nomination. 

The  motion  was  adopted  upon  a  division. 

Mr.  BuRRis.  Mr.  Chairman,  I  wish  to  add  a  further  amendment.  Add 
after  the  word  "Treasurer,"  "Superintendent  of  Pubhc  Instruction." 

The  motion  was  agreed  to. 

Mr.  Ritchie.  The  words  "General  Assembly"  should  be  changed  to 
"Legislature." 

The  President.    That  is  a  mere  clerical  error,  and  will  be  corrected. 

Section  1  was  adopted. 

Section  2  was  read. 

Mr.  Blunt.  Mr.  Chairman,  I  would  propose  a  verbal  correction :  Strike 
out  the  words  "General  Assembly,"  and  insert  the  words  "Senate  and 
House  of  Representatives." 

Mr.  Stinson.  I  would  suggest  "Speaker  of  the  House  of  Representa- 
tives" instead  of  "President  of  the  Senate." 

Mr.  McDowell.  I  would  enquire  whether  it  is  certain  there  will  be  a 
Speaker  of  the  House  of  Representatives  at  that  time? 

Mr.  Stinson.    I  withdraw. 

Mr.  Thacher.  Mr.  Chairman,  it  strikes  me  all  this  is  wrong.  In  New 
York  the  returns  of  election  are  made  to  the  Comptroller,  Attorney- 
General,  and  another,  who  form  a  Board  for  the  purpose  of  canvassing  the 
returns.  I  think  something  of  this  kind  should  be  done  here.  Say  the 
Secretary  of  State,  Auditor  and  Attorney-General  should  canvass  the  re- 
turns and  declare  who  has  the  highest  number  of  votes. 

j\fr.  Blunt.  I  would  amend  that  motion  so  that  it  shall  read  "Directed 
to  the  President  of  the  Senate,  Secretary  of  State  and  Auditor,  who  shall 
constitute  a  Board  of  Canvassers,  and  any  two  can  act." 

Mr.  Slough.  I  would  suggest  the  propriety  of  inserting  the  amendment 
after  the  word  "who,"  so  it  will  read,  "directed  to  the  President  of  the 
Senate,  who,  with  the  Secretary  of  State  and  Auditor  shall  constitute,"  &c. 


Wednesday,  July  20,  1859.  349 

It  complicates  the  matter  to  have  the  returns  directed  to  three;  let  it  be 
directed  to  one  and  opened  by  the  three. 

[*247]  *Mv.  BuRRis.  Mr.  Chairman,  it  occurs  to  me  that  it  is  better  a.-; 
reported,  than  we  can  get  it.  It  is  provided  that  returns  .«hould  be  opened 
in  the  presence  of  a  majority  of  both  Houses  of  the  Legislature;  and 
further,  in  case  of  a  tie  it  shall  be  decided  by  votes  of  a  joint  convention  of 
the  two  houses,  as  I  understand  it:  so  that  being  directed  to  the  presiding 
officer  of  one  branch  of  the  Legislature,  it  seems  to  me  is  the  proper  way, 
and  that  the  returns  should  be  opened  by  him  and  canvassed  in  the  presence 
of  the  two  Houses.  In  the  event  of  there  being  any  further  action  neces- 
sary they  are  the  bodies  that  are  to  decide  the  matter.  Let  the  votes  be 
counted  in  the  presence  of  a  majority  of  the  members  of  each  of  these 
bodies,  and  then  they  are  on  hand  ready  to  take  such  action  as  may  be 
found  necessary — ready  to  decide  between  those  who  have  an  equal  and 
the  highest  number  of  votes. 

Mr.  Slough.    I  move  to  lay  the  amendment  on  the  table. 
Mr.  President  Winchell.    I  would  suggest  to  the  Convention  that  the 
officer,  after  all,  most  proper  to  perform  that  duty,  is  the  Secretary  of 
State. 

Mr.  Blunt.    Will  the  gentleman  wnthdraw  his  motion  to  lay  on  the 
table  for  a  moment  ? 
Mr.  Slough.    Yes,  sir. 

Mr.  Blunt.  Mr.  Chairman,  it  appears  to  me  tliis  section  is  insufficient. 
It  seems  there  is  no  other  person  authorized  to  open  the  returns.  The 
President  of  the  Senate  might  be  necessarily  absent,  and  in  that  case  it 
should  be  provided  that  some  other  person  should  have  authority  to  open 
these  returns;  hence  I  made  the  proposition  to  amend  by  inserting  in  con- 
nection with  the  President  of  the  Senate,  the  Secretary  of  State  and  Auditor. 
They  should  then  be  directed  to  the  President  of  the  Senate,  and  in  case 
of  his  absence  there  would  be  two  other  persons  that  would  be  authorized 
to  take  charge  of  these  returns,  and  open  them  in  the  presence  of  the  two 
Houses. 

Mr.  Thacher.  My.  Chairman,  I  would  observe  that  this  section,  as  it 
stands,  does  not  authorize  the  President  of  the  Senate  to  open  these  re- 
turns in  the  presence  of  both  Houses;  it  only  authorizes  him  to  open  them 
during  the  first  week  of  the  session  and  declare  the  result  in  the  presence 
of  a  majority  of  the  members  of  both  Houses.  It  appears  to  me  that  is 
radically  wrong. 

Mr.  President  Winchell.  Mr.  Chairman,  I  move  that  the  entire  sec- 
tion be  stricken  out.  We  have  said  a  great  deal  about  putting  special  legis- 
lation in  the  Constitution.  It  really  seems  to  me  the  Legislature  \^all  be 
competent  to  take  care  of  this.  We  all  see  the  votes  would  be  cast  pre- 
vious to  the  organization  of  the  bodies,  and  may  not  affect  them  for  weeks 
afterward.  It  seems  to  me  that  we  had  better  strike  this  section  out  and 
have  the  first  election  provided  for  in  the  schedule. 

Mr.  Slough.  Mr.  Chairman,  I  am  opposed  to  the  proposition  to  strike 
out,  for  the  reason  that  I  think  it  unnecessary.  We  should  have  some 
officer  provided  for  to  whom  the  first  returns  should  be  made.  They  must 
be  sent  somewhere. 

Mr.  President  Winchell.  If  the  gentleman  will  allow  me  to  correct 
him:  I  stated  that  the  provisions  of  this  first  election  can  be  introduced  in 
the  Schedule,  and  should  be. 


350  Convention  Proceedings  and  Debates. 

Mr.  Slough.  Mr.  Chairman,  this  is  a  provision  that  is  copied  verbatim 
from  the  Ohio  Constitution,  and  under  which  there  has  been  no  trouble 
in  that  State.  A  President  of  the  Senate  can  be  created,  in  the  absence 
of  the  Lieut.  Governor,  by  the  action  of  the  Senate;  and  in  the  first 
organization  it  will  be  necessary  to  appoint  a  President  pro  tempore,  and 
that  officer  will  open  the  returns.    I  am  opposed  to  striking  out. 

The  motion  was  adopted  upon  a  division — affirmative  19,  negative  13. 
Sections  3,  4,  5,  6  and  7  were  severally  read  and  adopted. 
[*248]     ^Section  8  was  read. 

Mr.  Blunt.  Mr.  Chairman,  I  presume  we  shall  never  have  any  naval 
officers  or  a  navy  upon  Kaw  river,  and  I  propose  to  strike  out  the  words 
"and  naval." 

Mr.  Slough.  I  move  to  strike  out  the  whole  section.  We  have  pro- 
Aided  for  this  same  matter  in  the  report  of  the  committee  on  Legislative 
Department. 

This  motion  was  agreed  to. 

Section  9  was  read. 

Mr.  Hutchinson.    I  propose  to  substitute  for  section  9  the  following: 

"Sec.  9.  The  pardoning  power  shall  be  vested  in  the  Governor,  under 
such  regulations  and  restrictions  as  shall  be  prescribed  by  law." 

The  motion  was  agreed  to  and  the  amendment  was  adopted  and  passed. 

Sections  10  and  11  were  severally  read  and  adopted  and  passed. 

Section  12  was  read. 

Mr.  Slough.  Mr.  Chairman,  I  move  to  strike  out  the  words  "except 
as  herein  provided."  There  is  no  provision,  as  I  can  find,  in  the  Article 
with  reference  to  it,  and  I  think  it  had  better  be  stricken  out. 

The  motion  was  agreed  to. 

Section  12  was  adopted. 

Section  13  was  read. 

Mr.  Stinson.  Mr.  Chairman,  I  move  to  change  the  words  "President 
of  the  Senate"  to  "Lieutenant-Governor." 

The  motion  was  agreed  to. 

Mr.  Wrigley.  I  would  call  the  attention  of  the  gentleman  from  Leav- 
enworth (Mr.  Slough)  to  the  section  just  adopted,  in  connection  with  the 
words  just  stricken  out  by  his  motion.  As  the  section  now  reads:  "Sec. 
12.  No  membe^  of  Congress,  or  other  person  holding  office  under  the  au- 
thority of  this  State,  or  of  the  United  States,  shall  execute  the  office  of 
Governor."  In  section  13  it  is  provided,  "in  case  of  the  death,  impeach- 
ment, resignation — " 

Mr.  Slough  (interrupting).    I  see  the  point. 

Mr.  Wrigley.  According  to  the  12th  section,  with  the  words  stricken 
out,  no  one  could  discharge  the  duties  of  Governor.  I  suggest  the  pro- 
priety of  restoring  those  words.  i 

Section  14  was  read. 

Mr.  Winchell.  Mr.  Chairman.  I  desire  to  amend  by  prefixing  the 
words:  "The  Lieutenant-Governor  shall  act  as."  Strike  out  the  first  word 
"the"  and  insert  "and"  after  "Senate,"  so  as  to  make  it  read: 

"Sec.  14.  The  Lieutenant-Governor  shall  act  as  President  of  the  Senate, 
and  shall  vote  only  when  the  Senate  is  equally  divided,  and  in  case  of  his 


Wednesday,  July  20,  1859.  351 

absence  or  impeachment,  or  when  he  shall  exercise  the  office  of  Governor, 
-  the  Senate  shall  choose  a  President  pro  tempore." 

Mr.  Stinson.  Mr.  Chairman,  I  send  up  a  substitute  cut  out  of  the 
Ohio  Constitution. 

"Sec.  14.  The  Lieutenant-Governor  shall  be  President  of  the  Senate, 
but  shall  vote  only  when  the  Senate  is  equally  divided;  and  in  case  of  his 
absence  or  impeachment,  or  when  he  shall  exercise  the  offi.ce  of  Governor, 
the  Senate  shall  choose  a  President  pi'O  tempore." 

Mr.  PREsmENT  WiNCHELL.    Precisely  the  same  thing,  sir. 

Mr.  Slough.    I  move  its  adoption. 

The  motion  was  agreed  to. 

Sec.  15  was  read. 

Mr.  Stinson.    And  I  offer  the  following  substitute  for  the  next  section: 

"Sec.  15.  If  the  Lieutenant-Governor,  while  executing  the  office  of  Gov- 
ernor, shall  be  impeached,  displaced,  resign  or  die,  or  otherwise  become  in- 
capable of  performing  the  duties  of  the  office,  the  President  of  the  Senate 
shall  act  as  Governor  until  the  vacancy  is  filled  or  the  disability  removed; 
and  if  the  President  of  the  Senate,  for  any  of  the  above  causes,  shall  be 
rendered  incapable  of  performing  the  duties  pertaining  to  the  office  of 
Governor,  the  same  shall  devolve  upon  the  Speaker  of  the  House  of  Rep- 
resentatives." 

The  substitute  was  adopted. 

[-249]     The  Chairman.     The  question  is  now  upon  *the  adoption  of 
the  section  as  amended  by  the  substitute.    I  suppose  all  agree. 

("Agreed."    "Agreed.") 

Section  16  was  read. 

Mr.  Slough.  Mr.  Chairman,  I  move  to  insert  the  word  "Treasurer" 
after  the  word  "Auditor."  Also  the  words  "Superintendent  of  Common 
Schools." 

The  Chairman.    These  insertions  will  be  made. 

Mr.  President  Winchell.  I  suggest  that  the  numerals  "15"  be  changed 
to  correspond  with  the  changes  made  in  the  sections. 

Mr.  Hutchinson.  I  discover  another  difficulty.  In  the  last  clause  it 
says:  "and  the  person  chosen  shall  hold  the  office  for  the  full  term  fixed  in 
the  second  section  of  this  Article."    Section  second  has  been  stricken  out. 

Mr.  Thacher.  I  move  to  amend  by  inserting  in  lieu  thereof,  "shall  hold 
the  office  for  the  unexpired  term." 

The  Chairman.  It  will  be  taken  as  the  opinion  of  the  committee  if  not 
dissented  from. 

Mr.  Thacher.  1  would  suggest  that  "First"  section  be  put  in  the  place 
of  "second." 

Mr.  President  Winchell.  I  understand  those  last  words  were  stricken 
out  and  the  w^ords  of  the  gentleman  from  Douglas  (Mr.  Thacher)  "shall 
hold  the  office  for  the  unexpired  term"  inserted,  instead  of  the  words  "shall 
hold  the  office  for  the  full  term  fixed  in  the  second  section  of  this  Article." 
After  the  word  "Secretary"  in  the  first  line  of  the  section,  I  would  sug- 
gest that  the  words  "of  State"  be  inserted. 

It  was  agreed  to. 

Section  16  was  then  adopted  and  passed. 


352  Convention  Proceedings  and  Debates. 

Mr.  BuRRis.  I  have  prepared  a  section  to  stand  in  the  place  of  section 
second,  which  was  stricken  out,  and  which  I  desire  to  have  read. 

The  Chairman.  The  Chair  supposes  it  is  not  strictly  in  order  till  we 
get  through  with  the  Article. 

Sections  17  and  18  were  severally  read  and  adopted  and  passed. 

Mr.  BuRRis.  Mr.  Chairman,  I  now  introduce  the  following  as  section 
second : 

"Sec.  2.  Until  otherwise  provided  by  law,  an  abstract  of  the  returns  of 
every  election,  for  the  officers  named  in  the  foregoing  section  shall  be 
sealed  up  and  transmitted  by  the  Clerks  of  the  Boards  of  Canvassers  of 
the  several  counties,  to  the  President  of  the  Senate,  who  shall,  during  the 
first  week  of  the  session,  open  and  publish  them  in  the  presence  of  both 
Houses  of  the  Legislature  in  joint  Convention  assembled,  and  the  persons 
having  the  highest  number  of  votes  shall  be  declared  duly  elected,  but  in 
case  any  two  or  more  have  an  equal  and  the  highest  number  of  votes,  the 
Legislature  shall,  by  joint  ballot,  choose  one  of  said  persons  so  having  an 
equal  and  the  highest  number  of  votes  for  said  office." 

Mr.  Chairman,  I  move  the  adoption  of  that  as  section  second  of  this 
Article  for  various  reasons.  It  seems  to  me  there  should  be  some  provision 
in  the  Constitution  for  a  Board  of  Canvassers  for  State  officers.  I  find  it 
inserted  in  every  State  Constitution  I  have  examined  yet.  The  section 
which  we  have  stricken  out  is  found  in  the  Ohio  Constitution,  and  the 
one  I  offer  as  a  substitute  is  almost  verbatim  as  taken  from  a  correspond- 
ing section  in  the  Constitution  of  the  State  of  Iowa,  only  that  it  is  made 
returnable  to  the  Speaker  of  the  House  of  Representatives.  It  seems  to 
me  it  is  not  material  which,  only  it  should  be  with  the  presiding  officer  of 
the  Legislature.  I  think  the  Constitution  should  provide  by  what  means 
the  Board  should  be  constituted,  whom  the  votes  should  be  canvassed  be- 
fore, and  at  what  time;  therefore,  I  have  introduced  this  section. 

Mr.  HipPLE.  Mr.  Chairman,  I  have  prepared  a  section  here  to  take  the 
place  of  the  substitute: 

"Sec.  2.  The  returns  for  every  election  for  the  officers  named  in  the 
foregoing  section,  shall  be  sealed  up  and  transmitted  to  the  seat  of  gov- 
ernment by  the  returning  officers,  directed  to  the  President  of  the  Senate 
[*250]  and  Speaker  of  the  *House  of  Representatives,  who,  during  the 
first  week  of  the  session,  shall  open  and  publish  them,  in  joint  Convention 
assembled,  and  declare  the  result  in  the  presence  of  the  majority  of  the 
members  of  both  Houses  of  the  General  Assembly,  and  the  person  having 
the  highest  number  of  votes  shall  be  declared  duly  elected;  but  if  any  two 
or  more  shall  be  highest  and  equal  in  votes  for  the  same  office,  one  of  them 
shall  be  chosen  by  the  vote  of  both  Houses  in  joint  Convention  assembled." 

Mr.  President  Winchell.  Mr.  Chairman,  I  would  like  to  enquire  how 
far  this  proposed  section  differs  from  the  one  we  have  passed  ?  It  occurs  to 
me  we  are  interfering  with  the  passage  of  a  general  election  law  by  the 
Legislature,  by  which  the  returns  are  to  be  canvassed  in  some  suitable  man- 
ner. We  provide  that  they  shall  all  be  sent  to  the  President  of  the  Senate. 
Instead  of  being  sent  to  the  township  and  county  boards  and  an  abstract 
sent  up  higher,  these  returns  are  all  to  be  sent  to  this  officer;  and  we  are 
thus  tyins  up  the  hands  of  the  Legislature  from  making  a  full  and  general 
law  for  the  regulation  of  elections.  I  can  see  no  danger  in  leaving  it  out. 
If  I  were  going  to  insert  a  section,  I  should  prefer  that  it  provide  for  an 
abstract  to  be  sent  to  the  Secretary  of  State — he  in  joint  convention  of  the 
two  houses,  to  open,  &c. 


Wednesday,  July  20,  1859.  353 

Mr.  BuKRis.  In  answer  to  the  inquiry  of  what  is  the  difference,  I 
would  state  that  the  substitute  is  not  open  to  the  objection  raised  by  the 
gentleman  from  Douglas  (Mr.  Thacher)  that  the  President  of  the  Senate 
was  to  open  the  returns,  but  not  in  the  presence  of  the  two  houses  of  the 
Legislature,  but  was  merely  to  declare  the  result  in  the  presence  of  the 
two  houses.  That  is  the  difference  between  the  original  section  and  the 
substitute.  It  seems  to  me  that  the  gentleman  from  Osage  (Mr.  Winchell) 
is  mistaken  as  to  the  result  or  efi'ect,  rather,  of  this  constitutional  pro- 
vision. I  do  not  understand  that  it  would  be  the  duty  of  the  board  of 
supervisors  to  make  their  returns  direct  to  the  President  of  the  Senate,  but 
to  the  board  of  county  canvassers,  and  then  by  the  respective  county 
boards  returns  should  be  made  to  the  President  of  the  Senate.  It  would 
go  from  the  township  to  the  county  board,  and  from  the  county  board  to 
the  President  of  the  Senate,  who  is  made  presiding  officer  of  the  State 
board  of  canvassers.  There  must  be  a  board  of  canvassers,  and  the  only 
question  is,  whether  it  is  proper  for  the  Constitution  to  provide  who  they 
shall  be.  As  I  have  before  remarked,  I  find  that  in  all  the  Constitutions 
I  have  examined  there  is  a  provision  of  this  sort.  It  seems  to  me  this  is 
proper,  and  that  it  is  a  safe  provision.  It  is  not  legislation,  any  more  than 
providing  who  shall  be  elected  and  how  they  shall  be  elected.  We  have 
provided  who  shall  be  elected  to  certain  offices,  how  many  we  shall  have, 
and  I  propose  to  say  how  the  votes  for  these  officers  shall  be  canvassed. 
It  seems  to  me  a  very  proper  amendment,  for  the  reason  that,  in  the  event 
of  there  being  a  tie  vote,  it  devolves  upon  the  Legislature  to  choose.  No 
one  will  object  to  throwing  the  responsibility  upon  the  Legislature  to  de- 
cide who  shall  hold  the  office  when  there  are  two  persons  who  have  an 
equal  number  of  votes.  If  they  are  the  body  to  select  from  the  two 
highest,  let  them  have  the  returns  opened  before  them  and  make  the 
selection.    It  seems  proper  and  safe,  and  not  a  subject  of  legislation. 

Mr.  Th.^cher.    I  move  to  lay  it  on  the  table. 

The  motion  was  rejected,  upon  a  division. 

Mr.  Thacher.  Mr.  Chairman,  I  move  to  amend  by  insertinsc  "ab- 
stract of  the  returns  of  every  election  in  each  county"  in  place  of  the  first 
word  "The;"  and  "by  the  clerks  of  the  several  counties,"  instead  of  "re- 
turning officers."  I  don't  think  the  returns  should  go  up  directly  from 
every  township  in  the  State. 

Mr.  BuRRis.  Mr.  Chairman,  I  would  state  that  the  gentleman's 
amendment  provides  that  they  shall  be  sent  up  by  the  county  clerk. 
[*251]  *Now,  I  don't  know  as  we  will  have  any  county  clerks.  It  seems 
to  me  the  amendment  would  be  useless,  and  might  possibly  create  difficulty. 

Mr.  Thacher.  As  it  stands  now  in  the  gentleman's  section,  the  return- 
ing officers  would  have  to  send  to  the  Secretary  of  State,  instead  of  the 
count}'^  officers,  as  it  should  be. 

Mr.  BuRRis.  It  is  exactly  as  in  the  Constitution  of  the  State  of  Iowa, 
and  there  the  votes  are  canvassed  by  the  board  of  township  trustees,  and 
by  them  transmitted  to  the  county  boards  or  judge,  who,  in  connection  with 
two  justices  of  the  peace,  constitute  the  county  board,  and  the  clerk  of  the 
county  board  transmits  them  to  the  State  board;  and  no  such  difficulty  as 
the  gentleman  suggests  ever  arose  there.  I  do  not  believe  there  will  be 
any  difficulty. 

Mr.  Thacher.  I  desire  to  know  if  there  is  any  provision  for  county 
canvassers. 

23 — 778 


354  Convention  Proceedings  and  Debates. 

Mr.  BuRRis.  The  gentleman  from  Douglas  (Mr.  Thacher)  has  pre- 
sented his  proposition  as  an  amendment  to  the  section  of  the  gentleman 
from  Leavenworth  (Mr.  Hippie.) 

Mr.  President  Winchell.  I  understand  the  question  to  be  upon  the 
substitute  of  the  gentleman  from  Leavenworth. 

The  Chairman.  The  question  is  upon  the  amendment  of  the  gentle- 
man from  Douglas  to  the  substitute  of  the  gentleman  from  Leavenworth. 

Mr.  President  Winchell.  Mr.  Chairman,  I  hold  it  to  be  a  safe  rule 
that  we  should  avoid  ambiguity.  It  is  a  sufficient  objection  to  any  language 
proposed  to  be  used,  that  it  is  susceptible  of  two  different  meanings,  and 
for  that  reason  I  prefer  the  language  of  the  gentleman  from  Douglas,  and 
shall  vote  for  his  amendment. 

The  amendment  was  adopted. 

Mr.  Hutchinson.  Mr.  Chairman,  there  are  still  two  points  against 
which  objections  have  been  urged,  in  the  section,  as  it  now  stands.  "Until 
otherwise  provided  by  law;"  I  propose  these  words  be  inserted  in  the 
proper  place,  as  an  amendment  to  the  substitute  of  the  gentleman  from 
Leavenworth.  It  has  been  suggested  here  that  in  all  probability  the  Leg- 
islature would  want  to  provide  for  a  board  of  canvassers,  and  we  forbid 
them  from  so  doing,  as  the  section  stands.  There  is  no  restriction  in  the 
character  of  my  amendment.  I  will  also  move  another  amendment  if  this 
is  acted  upon  favorably. 

This  amendment  was  agreed  to. 

Mr.  Hutchinson.  Mr.  Chairman,  I  now  move  to  strike  out  the  words 
"Speaker  of  the  House  of  Representatives,"  and  insert  "Secretary  of  State." 
I  do  that  for  this  reason;  as  this  is  to  be  a  permanent  condition  in  the 
Constitution,  I  think  the  election  returns  ought  to  be  directed  to  some 
officer  having  a  permanent  residence  at  the  capital,  which  is  not  the  case 
as  the  section  now  stands. 

This  motion  was  also  agreed  to. 

Mr.  President  Winchell.  Mr.  Chairman,  I  move  to  amend  by  in- 
serting after  the  words  "Secretary  of  State,"  these  words:  "who,  in  con- 
nection with  the  President  of  the  Senate  and  Speaker  of  the  House  of 
Representatives,  shall  canvass,"  &c.  If  we  are  to  have  this  measure  in 
the  Constitution,  let  us  have  it  right. 

Mr.  Porter.  Mr.  Chairman,  I  am  opposed  to  having  a  portion  of  the 
election  law  in  the  Constitution.  I  move  to  lay  the  sections  and  amend- 
ments on  the  table. 

This  motion  was  agreed  to. 

Mr.  Slough.    I  move  the  committee  rise  and  report. 

This  motion  was  agree,d  to. 

The  committee  accordingly  rose,  and  the  chairman  reported  the  article 
and  amendments  as  above  recorded. 

Mr.  Blunt.    I  move  that  we  take  up  the  report,  section  by  section. 
The  motion  was  agreed  to. 
Section  1  was  read. 

Mr.  McDowell.  I  move  to  strike  out  the  words  "Lieutenant-Gov- 
ernor," and  upon  that  motion  I  call  for  the  yeas  and  nays. 

[*252]     *The  yeas  and  nays  were  ordered,  and  being  taken,  resulted — 
yeas  17,  nays  27 — as  follows: 


Wednesday,  July  20,  1859.  355 

Yeas — Messrs.  Brown,  Barton,  Crocker,  Forman,  Greer,  Hippie,  Hub- 
bard, Houston,  Middleton,  Moore,  McDowell,  McCune,  McCullough,  Pres- 
ton, Porter,  Ross,  Signor — 17. 

Nays — Messrs.  Blunt,  Burris,  J.  Blood,  N.  C.  Blood,  Dutton,  Foster, 
Graham,  Griffith,  Hutchinson,  Hanway,  Hoffman,  Ingalls,  Kingman, 
Lillie,  Lamb,  McClelland,  Palmer,  Parks,  Slough,  Stinson,  Stiarwalt,  Stokes, 
Simpson,  Thacher,  J.  Wright,  Wrigley,  Williams — 27. 

So  the  amendment  was  rejected. 

Section  1  was  then  adopted. 

Sections  2,  3,  4,  5,  6  and  7  were  severally  read,  adopted  and  passed. 

Section  8  was  read. 

Mr.  Hutchinson.  Mr.  President,  to  save  any  perplexity  on  the  part 
of  the  committee  on  phraseology,  and  also  to  show  our  liberalitj',  I  move 
to  amend  this  section  by  inserting  the  word  "white"  before  the  word 
"State,"  where  it  last  occurs,  and  call  for  the  yeas  and  nays. 

Mr.  Porter.    I  move  to  lay  it  upon  the  table. 

Upon  this  motion  the  yeas  and  nays  were  demanded,  and  being  ordered 
and  taken,  resulted — yeas  31,  nays  13 — as  follows. 

Yeas — Messrs.  Burnett,  Blunt,  Brown,  Burris,  J.  Blood,  N.  C.  Blood, 
Dutton,  Foster,  Forman,  Creer,  Griffith,  Hippie,  Hubbard,  Hutchinson, 
Hanway,  Houston,  Ingalls,  Lillie,  Middleton,  Moore.  McClelland,  McCul- 
lough, Preston,  Palmer,  Parks,  Porter,  Ross,  Stinson,  Simpson,  Thacher, 
Williams— 31. 

N.\ys — Messrs.  Barton,  Graham,  Kingman.  Lamb,  McDowell,  McCune, 
Ritchie,  Signor,  Slough,  Stiarwalt,  Stokes,  J.  Wright,  Wrigley — 13. 

So  the  amendment  was  rejected,  and  then  section  8  was  passed. 

Sections  9,  10,  11,  12,  13,  14,  15  and  16  were  severally  read,  adopted  and 
passed. 

Mr.  Burris.  Mr.  Chairman,  I  wish  to  offer  asain  a  substitute  for 
section  second.  I  have  attempted  to  avoid  the  chfficulties  referred  to  by 
gentlemen.  It  seems  to  me  proper  that  we  should  have  something  of  the 
kind  in  this  article.  I  shall  not  argue  the  question  at  all,  but  simply  sub- 
mit it  to  the  Convention. 

"Section  2.  Until  otherwise  provided  by  law,  an  abstract  of  the  re- 
turns of  every  election,  for  the  officers  named  in  the  foregoing  section  shall 
be  sealed  up  and  transmitted  by  the  clerks  of  the  boards  of  canvassers  of 
the  several  counties,  to  the  President  of  the  Senate,  who  shall,  during  the 
first  week  of  the  session,  open  and  publish  them  in  the  presence  of  both 
houses  of  the  Legislature  in  joint  convention  assembled,  and  the  persons 
having  the  highest  number  of  votes  shall  be  declared  duly  elected;  but  in 
case  any  two  or  more  have  an  equal  and  the  highest  number  of  votes, 
the  Legislature  shall,  by  joint  ballot,  choose  one  of  said  persons  so  having 
an  equal  and  the  highest  number  of  votes  for  said  office." 

Mr.  Slough.    I  move  to  lay  it  on  the  table. 

The  motion  was  rejected,  on  a  division — affirmative  12,  negative  29. 
The  proposed  substitute  for  the  second  section  was  then  adopted  and 
passed. 

Mr.  Hipple.  Mr.  President,  I  move  that  this  article  be  referred  to  the 
committee  on  phraseology  and  arrangement,  and  printed. 

The  motion  was  agreed  to. 


356  Convention  Proceedings  and  Debates. 

Mr.  Thacher.  Mr.  President,  I  would  inquire  whether  we  have  any 
reports  before  us  that  we  can  act  upon. 

Mr.  Preston.  The  chairman  of  the  committee  on  printing  has  gone 
for  our  report,  and  it  is  expected  presently. 

The  President.  The  chairman  of  the  committee  on  apportionment 
says  that  the  chairman  of  the  committee  on  printing  has  gone  after  the 
report  of  the  committee  on  apportionment,  and  will  return  shortly. 

A  motion  to  adjourn  was  rejected,  on  a  division — affirmative  11,  nega- 
tive 19. 

Mr.  Blunt.  Mr.  President,  I  would  enquire  about  the  condition  of 
the  report  of  the  committee  on  schedule. 

[*253]  *The  President.  The  report  is  in  the  hands  of  the  committee, 
and  was  returned  for  the  purpose  of  enabling  them  to  perfect  it  and  bring 
it  in  at  the  close  of  the  session. 

personal. 

Mr.  Barton.    Mr.  President,  I  offer  the  following  resolution: 

"Resolved,  That  the  courtesies  of  the  Convention  be  tendered  to  John 
M.  Griffin,  Esq.,  and  that  he  be  invited  to  a  seat  within  the  Bar." 

The  resolution  was  adopted. 

PUBLIC  debt. 

Mr.  Blunt.  Mr.  President,  I  would  like  to  recall  from  the  committee 
the  report  on  schedule,  and  proceed  to  the  consideration  of  the  ninth 
section. 

The  President.  The  Chair  understands  that  question  has  already  been 
considered  in  the  report  of  the  committee  on  finance  and  taxation. 

Mr.  Blunt.  I  think  if  the  chair  win  exnmine  the  report  of  the  com- 
mittee on  finance  and  taxation,  he  will  find  there  is  no  provision  made  to 
assume  the  debt  of  the  State.  The  question  will  involve  this  claim  busi- 
ness, and  will  consume  considerable  time  in  Convention. 

The  President.  The  Chair  has  been  informed  that  the  provision  which 
was  inserted  in  the  schedule  in  regard  to  the  public  debt,  was  inserted  in 
the  report  of  the  committee  on  finance  and  taxation.  He  does  not  speak 
from  his  own  knowledge,  but  from  the  information  he  has  received.  The 
Chair  would  state  that  if  the  gentleman  desires  to  bring  up  any  individual 
question  which  is  to  or  may  have  a  place  in  the  rejiort  of  the  committee 
on  schedule,  it  is  not  necessary  to  call  the  entire  report  from  the  commit- 
tee, where  it  should  remain  until  near  the  close  of  the  Convention,  but  he 
could  introduce  a  resolution  to  consider  any  subject  in  the  absence  of  the 
report  itself. 

Mr.  Blunt.  I  will  merely  state  that  when  we  had  this  report  under 
consideration,  we  passed  over  the  whole  report  to  the  ninth  section,  which 
reads,  "No  debt  of  the  Territory  shall  be  assimied  by  the  State,  except  by 
a  law  passed  by  a  vote  of  a  two-thirds  of  each  branch  of  the  Legislature;" 
and  it  brought  up  considerable  discussion,  which  involved  the  subject  of 
the  claims  awarded  by  the  claim  commissioners,  and  the  further  considera- 
tion was  postponed.  I  now  propose  to  take  up  that  section  and  con- 
sider it. 

The  President.  The  section  of  committee's  report  cannot  be  con- 
sidered without  recalling  the  report. 


Wednesday,  July  20,  1859.  357 

location  of  the  seat  of  government. 

Mr.  Burnett.    Mr.  President,  I  offer  the  following: 

"Resolved,  That  the  Convention  do  now  proceed  to  an  informal  vote 
for  the  temporaiy  capital." 

Mr.  Thacher.  Mr.  President,  I  submit  this  as  a  resolution  in  lieu  of 
it — striking  out  after  "resolved,"  and  inserting: 

"At  the  election  held  to  adopt  this  Constitution,  the  electors  shall  vote 
for  some  place  for  temporary  capital  of  the  State;  and  at  the  place  hav- 
ing the  highest  number  of  votes  the  first  Legislature  shall  assemble,  and 
the  permanent  location  of  the  State  capital  may  be  regulated  by  law." 

Mr.  Graham.    I  move  to  lay  it  on  the  table. 

The  motion  was  agreed  to. 

The  original  resolution  was  also  laid  on  the  table,  on  a  division — affirm- 
ative 27,  negative  not  reported. 

Mr.  Stiarwalt.    I  move  we  adjourn. 

Mr.  McDowell.  I  hope  the  gentleman  will  withdraw  his  motion.  I 
see  on  our  tables  the  report  of  the  committee  on  apportionment. 

Mr.  Stiarwalt.    I  withdraw  the  motion. 

Mr.  Preston.  There  have  been  only  a  few  copies  handed  in;  not 
enough  to  distribute  all  round. 

Mr.  Stiarwalt.    I  now  renew  my  motion  to  adjourn. 

[*254]     *Mr.  Preston.     In  five  minutes  time  there  will  be  enough  of 
them  for  us  all. 

Mr.  Stiarwalt.    I  withdraw  for  the  gentleman. 

A  voice.    Give  them  five  minutes. 

apportionment  op  representation. 

Mr.  Preston.  Mr.  President,  I  submit  the  following  report,  in  behalf 
of  the  committee  on  apportionment. 

The  report  was  read  by  the  Secretary,  as  follows: 

"Section  1.  Every  organized  county  shall  have  at  least  one  Representa- 
tive, and  unorganized  shall  be  attached  to  those  that  are  organized. 

Sec.  1.  [2.]  The  apportionment  of  this  State  for  members  of  the 
Legislature  shall  be  made  every  five  years,  beginning  with  the  year  one 
thousand  eight  hundred  and  fifty,  as  shall  be  provided  by  law. 

Sec.  3.  Until  there  shall  be  a  new  apportionment,  the  State  shall  be 
divided  into  Senatorial  and  Representative  districts  and  the  members 
thereof  shall  be  apportioned  among  the  several  districts  as  follows,  viz: 

house  of  representatives. 

Districts.  Counties.  Representatives. 

1st Doniphan 5 

2d Brown    1 

3d Nemaha  1 

4th Marshall,  Washington 1 

5th Riley,  Clay 2 

6th Pottawatomie   2 

7th Jackson 1 

8th Jefferson  2 

9th Atchison 5 


358  Convention  Proceedings  and  Debates. 

Districts.  Counties.  Representatives. 

10th Leavenworth 9 

11th Wyandott    1 

12th Johnson    3 

13th Douglas   ' 9 

14th Shawnee 4 

15th Waubonsa    

16th Davis    

17th Dickinson,   Arapahoe    

18th Morris    

19th Chase,  Butler,  Hunter 

20th Breckenridge 2 

21st Osage    1 

22d Franklin 2 

23d Lvkins    3 

24th Linn    3 

25th Anderson   2 

26th Madison 1 

27th Coffey 3 

28th Bourbon 3 

30th Allen 2 

31st Woodson    1 

32d Greenwood,  Dorn,  Wilson,  Godfrey,  McGee,  1 

senate. 

Districts.  Counties.  Senators. 

1st Doniphan 1 

2d Brown  and  Nemaha 1 

3d Marshall,  Washington 1 

4th Riley,  Pottawatomie  1 

5th Jackson,  Jefferson  1 

6th Atchison 1 

7th Leavenworth 3 

8th Wyandotte 1 

9th Johnson   1 

10th Douglas    2 

11th Shawnee,  Waubonsa   2 

12th Dickinson,  Arapahoe,  Clay 1 

■13th Davis,  Morris,  Chase 1 

14th Breckenride,  Osage  1 

15th Franklin,  Anderson  1 

16th Lykins    1 

17th Linn    1 

18th Madison,  Butler,  Hunter,  Godfrey,  Green- 
wood    1 

19th Coffey 1 

20th Bourbon,  McGee  1 

21st Allen,  Woodson,  Wilson,  Dorn 1" 

Mr.  McDowell.    Mr.  President,  I  suppose  it  will  be  in  order  for  me 

to  state  (having  been  on  the  Committee  on  Apportionment),  that  the 
report  of  the  committee  docs  not  meet  in  any  sense  my  approbation.  I 
think  it  is  unjust  and  unfair,  and  gotten  up  obviously  for  political  pur- 
poses.   In  no  sense  do  I,  as  a  member  of  that  committee,  sanction  it. 

Mr.  Thacher.  I  would  like  to  enquire  how  he  knows  this  report  was 
got  up  for  political  purposes. 


Wednesday,  July  20,  1859.  359 

Mr.  McDowell.    It  shows  it  upon  its  face. 

Mr.  Thacher.    He  did  not  meet  at  all  with  the  committee. 

The  President.    The  Chair  is  of  opinion  these  remarks  are  not  in  order. 

A  Voice.    What  is  the  basis?    What  number  of  votes? 

[*255]     *Mr.  Preston.    366  for  Representatives,  a  small  fraction  over. 
I,0y6  for  Senators. 

Mr.  Slough.  Mr.  President,  I  propose  to  offer  a  resolution  with  refer- 
ence to  the  re-commitment  of  this  report,  and  1  desire  to  state  my  reasons 
for  so  doing.    I  submit  the  following: 

"Resolved,  That  the  report  of  the  committee  on  Apportionment  be  re- 
committed, and  that  the  members  of  each  district  be  required  to  make  a 
return  to  said  committee  under  oath  of  the  population  of  their  respective 
districts,  in  accordance  with  their  best  information  and  belief;  and  that  said 
committee  be  instructed  to  report  an  apportionment  in  accordance  with 
said  returns." 

Mr.  Slough.  Mr.  President,  I  propose  briefly  to  state  my  reasons  for 
the  introduction  of  this  resolution.  We  have  been  endeavoring,  from  all 
our  sources  of  information,  aided  by  the  passage  of  a  resolution,  to  obtain 
reliable  information  with  regard  to  the  population  of  this  Territory.  I  do 
not  know  that  any  information  has  been  received  in  answer  to  his  letters 
by  any  member  of  the  Convention,  and  in  the  absence  of  the  returns  of  the 
last  election,  we  have  no  data  upon  which  to  base  a  fair  apportionment  of 
the  Territory.  A  basis  might  be  formed  upon  a  recent  vote  which  we  have, 
but  it  is  known  that  in  any  back  districts  and  many  counties  a  fair  pro- 
portion of  voters  did  not  turn  out  and  vote.  Such  being  the  case,  we  can- 
not from  that  source  obtain  such  data  as  would  be  necessary  for  our  use. 
It  is  well  known  that  every  member  is  anxious  to  have  his  district  as  fully 
represented  as  possible;  and  unless  the  returns  made  by  members  are  sub- 
mitted under  the  solemnity  of  an  oath,  those,  at  least,  who  are  disposed  to 
investigate  and  make  a  return  as  nearly  correct  as  possible,  would  be  placed 
in  a  position,  that  other  members  who  have  not,  perhaps,  so  reliable  data, 
might  take  advantage  of  circumstances  and  make  an  incorrect  return  to  the 
committee.  I  am  informed  there  has  been  considerable  variety  of  opinion 
even  among  the  delegation  from  the  same  counties.  I  have  been  informed, 
also,  that  the  first  returns  made  in  the  same  of  those  counties  have  been 
increased.  I  have  been  informed  they  have  made  a  return  in  reference  to 
the  recent  vote  on  the  Constitutional  Convention;  some  in  counties  where 
the  full  vote  was  not  polled,  and  some  where  the  population  has  increased 
this  spring.  It  seems  to  me  that  the  proper  data  should  be  the  population 
to-day.  or  as  nearly  as  we  can  approximate  that.  Therefore  I  have  offered 
the  resolution. 

Mr.  Griffith.  Mr.  President,  I  move  to  amend  by  attaching  these 
words:  "Provided,  that  they  shall  give  each  organized  county  at  least  one 
representative." 

Mr.  McDowell.  Mr.  President,  I  think  that  population  rather  than 
counties  should  be  the  predicate  of  an  apportionment,  and  that  an  or- 
ganized county  should  not  be  entitled  to  a  representative,  unless  it  has  a 
po])ulation  sufficient  to  entitle  it.  I  suppose  the  object  of  tliis  whole 
scheme  is  to  have  the  people  of  the  Territory  in  their  law-making  depart- 
ments of  government;  and  that  object,  it  seems  to  me,  is  best  attained — 
more  equally,  fairly  and  justly  attained — by  arriving  at,  in  the  first  place, 
an  approximation  to  the  population,  selecting  some  number  of  the  popula- 
tion as  a  basis,  and  apportioning  accordingly.    I  think  that  is  fair;  I  think 


360  Convention  Proceedings  and  Debates. 

that  is  just,  and  it  seems  to  me  that  is  the  only  method  by  which  justice 
can  be  done  to  those  counties  that  have  a  large  population.  1  offer  these 
suggestions  because  I  think  they  indicate  the  fairest  scheme  for  apportion- 
ment. 

Air.  Griffith.  Mr.  President,  it  is  no  more  than  justice  to  organized 
counties  that  we  give  them  each  a  representative.  Unless  we  adopt  this 
amendment,  we  cannot.  It  is  known  that  every  county  has  its  own  peculiar 
interests  to  care  for;  and  when  one  man  represents  two,  there  are  four 
counties,  he  will  not  represent  them  all  so  perfectly.  The  western  counties 
are  rapidly  filling  up,  and  if  a  county  should  have  now  but  250  inhabitants, 
they  may  have  three  times  that  number  before  election.  I  think  it 
[*256]  *no  more  than  fair  to  allow  each  organized  county  one  representa- 
tive. 

Mr.  Stinson.  Mr.  President,  I  think  the  argument  which  the  gentleman 
has  adduced  applies  with  no  greater  force  to  the  sparsely  settled  counties  of 
our  western  border  than  to  those  on  our  eastern  border.  I  do  not  believe 
there  is  another  county  that  will  increase  faster  than  the  one  I  in  part 
represent.  The  last  census  shows  that  we  will  have  three  or  four  hundred 
votes  more  than  were  shown  at  the  last  election.  It  seems  to  me  the 
reason  of  the  rule  is  not  in  that,  at  any  rate;  and  as  for  each  county  hav- 
ing a  representative,  it  can  only  be  obtained  justly  by  decreasing  the  ratio 
of  representation,  as  gentlemen  have  justly  remarked.  It  is  not  square 
miles  and  acres  that  are  to  be  represented,  but  people;  and  although  there 
may  be  hundreds  of  square  miles  with  nothing  on  the  land,  it  does  not  work 
injustice  if  these  square  miles  are  not  represented.  I  shall  vote  against  the 
amendment. 

Mr.  Thacher.  ]\Ir.  President,  I  think  every  organized  county  has  dis- 
trict interests  that  require  a  representative  at  least  in  one  branch  of  the 
Legislature.  In  New  York  there  are  counties  which  would  not  be  entitled 
to  a  representative  by  thousands,  but  every  one  has  a  representative  in 
the  Legislature.  Where  you  attach  two  or  more  counties  together  you 
necessarily  have  to  take  your  representative  from  one  or  the  other  county, 
and  so  the  interests  of  one  or  two  counties  are  completely  left  in  abeyance. 
We  have  heard  a  good  deal  about  the  necessity  of  having  every  county 
represented  here,  and  although,  as  in  the  case  of  Wyandotte,  one  county 
had  got  the  representation  which  belonged  to  another,  yet  it  was  insisted 
that  we  could  give  a  county  which  by  mistake  had  been  left  out,  that  which 
it  was  not  entitled  to ;  and  now  when  a  proposition  comes  up  to  give  every 
county  a  representative  upon  the  floor  of  the  House  of  Representatives,  it  is 
urged,  unsuccessfully  I  think,  that  population  should  be  the  basis.  In  other 
words,  if  you  do  not  give  each  county  a  representative,  you  sweep  it  out 
without  any  representative  at  all.  Where  a  representative  represents  two 
counties,  he  in  fact  only  represents  one.  And  that  is  the  reason  why  I 
thought  Wyandotte  should  be  allowed  her  representative  here,  because 
Leavenworth  would  not  represent  them.  The  only  argument  then  was  to 
my  mind  that  the  Leavenworth  delegation  would  look  more  to  the  interests 
of  Leavenworth  county  than  to  those  of  Wyandotte.  I  believe  the  amend- 
ment is  a  wise  and  salutary  provision,  and  one  which  should  be  adopted. 
Every  organired  countv  ou^ht  to  have  a  representative,  and  if  you  don't 
give  it  one,  you  disfranchise  it. 

Mr.  McClelland.  "Provided  a  county  has  200  voters."  I  move  to 
add  these  words. 

Mr.  Thacher.  There  are  a  grent  many  counties  that  it  is  impossible 
to  find  out  the  population  of;  and  if  we  were  to  attempt  such  a  thing  it 


Wednesday,  July  20,  1859.  361 

would  keep  the  Convention  here  for  six  weeks.    If  it  were  not  impossible 
to  carry  that  rule  into  effect  it  might  be  well. 

Mr.  Griffith.  Mr.  President,  I  will  simply  state  that  I  believe  that 
report  to  be  based  upon  the  principle  I  here  advocate.  I  presume  they 
have  some  estimate  of  the  number  of  voters  of  these  counties,  and  I  do 
not  know  whether  they  would  fall  under  200 — 1  believe  the  principle  is 
correct.    I  do  not  propose  to  argue  the  matter. 

The  yeas  and  nays  were  demanded  upon  the  adoption  of  the  amend- 
ment proposed  by  the  gentleman  from  Jefferson  (Mr.  McClelland),  and 
being  ordered  and  taken,  resulted — yeas  22,  nays  26 — as  follows: 

Yeas — Messrs.  Arthur,  Brown,  Barton,  Foster,  Forman,  Greer,  Hippie, 
Hubbard,  Houston,  Ingalls,  Moore,  McDowell,  McCune,  McClelland, 
Palmer,  Parks,  Porter,  Slough,  Stinson,  Stiarwalt,  J.  Wright  and  Wrig- 
ley— 22. 

Nays— Messrs.  Burnett,  BUmt,  Burris.  J.  Blood,  N.  C.  Blood,  Crocker, 
'[*257]     Button,  Graham,  Griflith,  Hutchinson,  Hanway,  Hoflman,  *King- 
man,  Lillie.  Lamb,  Middleton,  McCullough,  Preston,  Ritchie,  Ross,  Signer, 
Stokes,  Simpson,  Thacher,  Townsend  and  Wilhams — 26. 

So  the  amendment  was  rejected. 

The  question  being  on  the  amendment  of  the  gentleman  from  Bourbon 
(Mr.  Griffith)— 

The  yeas  and  nays  were  demanded,  and  being  ordered  and  taken,  re- 
sulted— yeas  30,  nays  18 — as  follows: 

Yeas— Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Button,  Graham,  Greer,  Griffith,  Hanway.  Hutchinson,  Hoffman, 
Kingman,  Lillie,  Lamb,  Middleton,  McCullough,  Preston,  Palmer,  Porter, 
Ritchie,  Ross,  Signor,  Stokes,  Simpson,  Thacher,  Townsend  and  Wil- 
liams— 30. 

Nays — Messrs.  Brown,  Barton,  Foster,  Forman,  Hippie,  Hubbard, 
Houston,  Ingalls,  Moore,  McBowell,  McCune,  McClelland,  Parks,  Slough, 
Stinson,  Stiarwalt,  J.  Wright  and  Wrigley — 18. 

So  the  amendment  was  adopted. 

The  question  recurring  upon  the  resolution  as  amended — 

Mr.  Graham.    I  move  to  lay  the  amendment  on  the  table. 

On  this  motion  the  yeas  and  nays  were  demanded,  and  being  ordered 
and  taken,  resulted — yeas  13,  nays  34 — as  follows: 

Yeas — Messrs.  Burnett,  Blunt,  Crocker,  Graham,  Hoffman,  Kingman, 
Lillie,  Lamb,  Porter;  Ross,  Simpson  and  Williams — 12. 

Nays — Messrs.  Arthur,  Brown,  Barton,  Burris,  J.  Blood,  N.  C.  Blood, 
Button,  Foster,  Forman,  Greer,  Griffith,  Hippie,  Hubbard,  Hutchinson, 
Hanway,  Houston,  Ingalls,  Moore,  McDowell,  McCune,  McClelland,  Mc- 
Cullough, Palmer,  Parks,  Ritchie,  Signor,  Slough,  Stinson,  Stiarwalt. 
Stokes,  Thacher,  Townsend,  J.  Wright  and  Wrigley— 34. 

So  the  motion  was  rejected. 

Mr.  Kingman.  I  propose  to  give  the  reasons  for  my  vote  on  the  journal. 

The  resolution  w-as  then  adopted,  and  the  report  was  accordingly  or- 
dered to  be  recommitted  to  the  Committee  on  Apportionment. 

Mr.  McClelland.    I  move  we  adjourn. 

The  motion  was  agreed  to. 

And  the  Convention  adjourned  till  to-morrow  morning  at  8  o'clock. 


362  Convention  Proceedings  and  Debates. 

Thursday,  July  21,  1859. 
The  Convention  met  at  S  o'clock,  a.  m. 

Prayer  by  the  Chaplain. 

The  journal  of  yesterday  was  read  and  authenticated. 

PERSONAL. 

Mr.  Hutchinson  offered  the  following: 

"Whereas,  Dr.  J.  E.  Bennett  has  been  guilty  of  a  gross  outrage  upon  a 
member  of  this  Convention,  on  account  of  words  spoken  in  debate  upon  its 
floor;  therefore, 

Resolved,  That  the  courtesy  extended  to  Dr.  Bennett  of  an  honorary 
seat  in  the  Convention,  be  hereby  withdrawn." 

Mr.  Ingalls.    I  move  its  adoption. 

Mr.  Slough.  I  move  to  refer  the  resolution  to  a  select  committee  of 
five  members.  It  seems  to  me  that  this  is  a  summary  proceeding.  The 
proper  course  is,  that  the  facts  should  be  first  presented  to  the  Conven- 
tion. The  only  proper  way  is  to  refer  the  matter,  for  inquiry  into  the  facts. 

Mr.  Ingalls.  It  seems  to  me,  Mr.  President,  that  the  facts  are  al- 
ready wholly  before  the  Convention.  And  as  far  as  the  question  of 
courtesy  towards  Dr.  Bennett  is  concerned,  he  has  certainly  himself 
violated  every  principle  of  courtesy,  by  the  manner  in  which  he  appeared 
before  the  body  last  Monday,  as  well  as  in  the  manner  in  which  he  has 
conducted  himself  towards  one  of  the  members  of  the  Convention,  as  re- 
hearsed in  the  preamble  to  the  resolution.    I  see  no  occasion  for  reference. 

Mr.  Slough.  Mr.  President,  I  would  ask  every  gentleman  who  was 
not  an  eye-witness  of  the  matter  complained  of,  how  they  know  anything 
about  it?  We  are  not  presumed  here  to  know  anything  about  such  a  case 
until  we  are  informed  in  an  official  manner.  Doubtless  there  are  facts  in 
the  case  that  even  an  eye-witness  might  not  be  familiar  with.  It  seems  to 
me  that  in  a  case  where  character  is  concerned,  we  should  proceed  with 
caution.  And  it  is  a  plea  of  sheer  justice,  that  the  evidence  should  be  be- 
fore the  house  before  judgment  is  taken  and  a  penalty  pronounced.  I 
[*258]     *demand  the  yeas  and  na3's  on  my  motion  to  refer. 

Mr.  Stinson.  Mr.  President,  I  desire  to  say,  that  in  a  question  in- 
volving the  privilege  of  a  member  of  this  house,  I  disclaim  all  partisan 
feeling  and  party  prejudice.  If  an  outrage  has  been  committed,  such  as  I 
might  be  led  now  to  believe,  I  will  cordially  approve  any  action  the  Con- 
vention may  take  in  maintaining  its  dignity.  But  I  insist  that,  in  an  im- 
portant matter  like  this,  we  should  not  take  action  before  being  informed 
what  it  is  taken  for.  I  speak  not  as  a  partisan,  but  as  a  member  of  the 
Convention,  jealous  of  its  dignity  and  desirous  of  seeing  it  maintained. 
And  for  my  part,  I  cannot  vote  understandingly  upon  this  resolution.  1 
do  not  know  the  facts,  and  all  I  ask  is  contemplated  in  the  motion  of  my 
colleague  (Mr.  Slough)  that  the  facts  shall  come  here  in  an  authentic 
form,  in  order  that  we  may  know  the  foundation  for  the  proposed  action. 

Mr.  Blunt.  Mr.  President,  being  an  eye-witness  to  this  occurrence, 
which  took  place  last  evening,  as  far  as  I  am  concerned,  individually,  I 
am  prepared  to  vote  for  the  resolution  to  withdraw  the  courtesies  which 
the  Convention  have  extended  to  Dr.  Bennett.  I  presume,  however,  that 
the  facts  in  the  case  are  not  generally  known.  Perhaps  some  know  noth- 
ing at  all  of  the  occurrence.    Therefore  I  think  there  would  be  a  propriety 


Thursday,  July  21,  1859.  363 

in  appointing  a  committee  of  reference,  and  let  them  investigate  and  bring 
the  matter  before  the  house  in  order.    I  shall  vote  for  the  reference. 

Mr.  Hutchinson.  Mr.  President,  I  can  say,  with  the  gentleman  from 
Leavenworth  (Mr.  Stinson)  that  I  can  treat  this  matter  entirely  outside 
of  partisan  feeling.  But  I  believe  it  is  known  to  every  member,  that  my 
colleague  (Mr.  Thacher)  has  received  a  gross  insult  at  the  hands  of  Dr. 
Bennett.  Now,  all  I  ask  is  merely  to  maintain  the  dignity  of  the  body, 
by  a  decision  upon  full  knowledge  of  the  facts.  I  am  opposed  to  giving 
the  matter  any  large  notoriety  and  importance  above  what  it  deserves,  and 
for  this  reason  I  am  opposed  to  the  reference.  I  think  all  the  facts  can  be 
obtained  in  five  minutes,  by  calling  on  gentlemen  who  were  eye-witnesses, 
and  that  it  would  be  wasting  time  and  giving  it  undeserved  notoriety  to 
go  any  further  with  the  case. 

Mr.  Thacher.  Mr.  President,  it  has  been  against  my  remonstrance  that 
this  has  been  introduced.  So  far  as  I  am  concerned,  I  wish  the  Conven- 
tion to  take  no  notice  of  it.  It  is  a  matter  that  does  not  concern  or 
jostle  me  in  the  least. 

The  yeas  and  nays  were  then  taken,  resulting — yeas  26,  nays  20 — as 
follows : 

Yeas — Messrs.  Blunt,  Brown,  Barton,  Foster,  Forman,  Greer,  Hippie, 
Hubbard,  Hanway,  Hoffman,  Moore,  McDowell,  McCune,  McClelland, 
Preston,  Palmer,  Parks,  Ritchie,  Ross,  Signor,  Slough,  Stinson,  Stiarwalt, 
J.  Wright,  Wrigley,  T.  S.  Wright— 26. 

Nays — Messrs.  Arthur,  Burnett,  Burris,  J.  Blood,  N.  C.  Blood,  Crocker, 
Button,  Graham,  Griffith,  Hutchinson,  Houston,  Ingalls,  Lillie,  Lamb,  Mid- 
dleton,  McCullough,  Stokes,  Simpson,  Townsend,  Williams — 20. 

So  the  resolution  was  referred,  and  the  Pre.^ident  appointed 'the  follow- 
ing committee  thereupon:  Messrs.  Slough,  McClelland,  J.  Blood,  Ingalls 
and  McCullough. 

Mr.  Slough  was  excused,  and  Mr.  Stinson  appointed  in  his  place. 

Mr.  Ingalls.  Mr.  President,  I  desire  to  give  notice  to  the  committee 
on  Phraseology  and  Arrangement,  of  three  or  four  reports  of  articles  re- 
ferred to  them  by  the  Convention,  which  have  just  come  in  from  the 
printer,  and  have  not  yet  been  acted  upon  by  them,  and  to  say  that  there 
will  be  a  meeting  of  that  committee  immediately  after  the  recess. 

Mr.  Slough.  Mr.  President,  for  the  purpose  of  giving  that  committee 
an  opportunity  to  prepare  matter  to  be  reported  to  the  Convention,  I 
move  that  we  take  a  recess  for  one  hour. 

The  motion  was  agreed  to,  and  the  Convention  took  the  recess  accord- 
ingly. 


[*259]     *The  President  resumed  the  chair  at  the  expiration  of  the  recess. 

Mr.  McDowell.    Mr.  President,  is  there  any  business  before  the  Con- 
vention ? 

The  Chair  understands  that  a  report  will  be  presented  in  a  very  short 
time  from  the  committee  on  Phraseology  and  Arrangement. 

ORDINANCE. 

Mr.  J.  Blood,  from  the  committee  on  ordinance,  submitted  the  follow- 
ing report: 


364  Convention  Proceedings  and  Debates. 

"Whereas,  the  government  of  the  United  States  is  the  proprietor  of  a 
large  proportion  of  the  lands  included  in  the  limits  of  the  State  of  Kansas 
as  prescribed  by  this  Constitution;  and  whereas,  the  State  of  Kansas  will 
possess  the  undoubted  right  to  tax  said  lands  for  the  purpose  of  sustaining 
a  State  government  and  for  other  and  legitimate  purposes  connected  with 
her  existence  as  a  State;  now,  therefore,  be  it  ordained  by  the  people  of 
Kansas,  that  the  right  of  the  State  of  Kansas  as  aforesaid  to  tax  such 
lands  shall  be  and  is  relinquished  forever;  neither  will  the  said  State  of 
Kansas,  without  the  consent  of  Congress,  interfere  with  the  title  of  the 
United  States  to  said  lands,  or  with  any  regulation  which  Congress  may 
prescribe  in  relation  thereto,  or  tax  nonresidents  greater  than  residents, 
Provided  always,  that  the  conditions  following  be  accepted  and  agreed  to 
by  Congress: 

Section  1.  The  sections  numbered  sixteen  and  thirty-six  in  every  town- 
ship in  said  State,  including  Indian  reserves  and  trust  lands,  and  when 
either  of  said  sections,  or  any  part  thereof,  has  been  sold,  or  otherwise 
disposed  of  or  appropriated,  other  lands  equivalent  thereto  in  value,  as 
nearly  contiguous  thereto  as  possible,  shall  be  granted  to  said  State  ex- 
clusively for  the  use  of  common  schools. 

Sec.  2.  That  seventy-two  sections,  or  two  entire  townships  of  land 
shall  be  set  apart  and  granted  to  said  State,  for  the  support  and  main- 
tenance of  a  State  University. 

Sec.  3.  That  all  the  swamp  lands  in  said  State  shall  be  set  apart  and 
granted  to  said  State  for  the  use  exclusively  of  common  schools. 

Sec.  4.  That  thirty-six  sections  or  one  entire  township,  be  set  apart 
and  granted  to  said  State  for  the  purpose  of  erecting  suitable  public  build- 
ings for  the  same. 

Sec.  5.  That  seventy-two  sections  or  two  entire  townships  shall  be  set 
apart  and  granted  for  the  building,  support  and  maintenance  of  charitable 
and  benevolent  institutions  in  said  State. 

Sec.  6.  That  all  salt  springs,  not  exceeding  twelve  in  number,  with  six 
sections  of  land  adjacent  thereto,  shall  be  set  apart  and  granted  to  said 
State,  to  be  used  and  disposed  of  for  works  of  public  improvement,  as  the 
Legislature  of  said  State  may  by  law  prescribe. 

Sec.  7.  That  all  gold,  silver,  lead,  copper  and  other  valuable  mines, 
together  with  the  lands  necessary  to  the  full  occupation  and  use  of  said 
mines,  shall  be  set  apart  and  granted  to  said  State  for  works  of  pubhc  im- 
provement, to  be  used  and  disposed  of  as  the  Legislature  of  said  State 
may  by  law  prescribe. 

Sec.  8.  That  five  per  centum  of  the  proceeds  of  the  sale  of  the  public 
lands  sold  in  Kansas,  from  and  after  the  admission  of  said  State  into  the 
Union,  shall  be  paid  to  the  State  for  the  purpose  of  creating  a  common 
school  fund — the  principal  to  be  held  sacred,  and  the  interest  to  be  applied 
(o  the  education  of  the  children  of  Kansas. 

Sec.  9.  That  nothing  contained  herein  shall  be  deemed  a  waiver  of  the 
right  of  the  State  of  Kansas  to  the  five  hundred  thousand  acres  of  land  to 
which  said  State  is  entitled  under  the  act  of  Congress  entitled  "An  act  to 
appropriate  the  proceeds  of  the  sales  of  public  lands  and  great  pre-emption 
rights,"  approved  September  4th,  1841,  and  that  said  land  be  granted  and 
set  apart  to  said  State,  to  be  used  and  disposed  of  by  the  Legislature  of 
said  State  in  accordance  with  the  provisions  of  said  law. 

Sec.  10.  That  two  hundred  entire  townships  of  land  in  said  State  shaD 
[*260]  be  granted  *and  set  apart  by  the  government  of  the  United  States 
to  saicl  State,  for  the  purpose  of  aiding  in  the  construction  of  railroads  and 
other  internal  improvements. 


Thursday,  July  21,  1859.  365 

Sec.  11.  That  the  lands  hereinbefore  mentioned  shall  be  selected  in  such 
manner  as  may  be  prescribed  by  law;  such  selection  to  be  subject  always 
to  the  approval  of  the  Commissioner  of  the  general  land  office  of  the 
United  States." 

The  report  lies  on  the  table,  under  the  rules. 

MILITIA — COUNTY  AND  TOWNSHIP  ORGANIZATION. 

Mr.  Ingalls.  Mr.  President,  in  behalf  of  the  committee  on  phrase- 
ology and  arrangement,  I  submit  the  following: 

The  committee  on  phraseology  and  arrangement  having  had  imder  con- 
sideration the  articles  on  militia  and  county  and  township  organizations, 
respectfully  submit  the  following 

REPORT. 

In  the  article  on  militia,  in  schedule  1st,  6th  Une,  strike  out  the  word 
"such." 

In  section  2d  in  second  line,  strike  out  the  words  "by  law";  in  fourth 
line,  change  the  word  "they"  to  "it." 

Section  3d  in  second  line,  strike  out  the  word  "be." 

Transpose  section  4th  so  as  to  read  as  follows,  viz:  "The  Governor  shall 
be  commander-in-chief,  and  shall  have  power  to  call  out  the  militia  to 
execute  the  laws,  to  suppress  insurrection,  and  to  repel  invasion." 

In  the  article  on  county  and  township  organization,  section  1st,  make 
verbal  alterations  so  as  to  read  as  follows:  "The  Legislature  shall  provide 
for  organizing  new  counties,  locating  county  seats  and  changing  county 
lines;  but  no  county  seat  shall  be  changed  without  the  consent  of  a  ma- 
jority of  the  electors  of  the  county,  nor  anv  county  organized,  nor  the 
lines  of  any  county  changed  so  as  to  include  an  area  of  less  than  four 
hundred  and  thirty-two  square  miles." 

Sec.  2.  "The  Legislatiire  shall  provide  for  such  county  and  township 
officers  as  may  be  necessary." 

Sec.  3.  "AH  county  officers  shall  hold  their  offices  for  the  term  of  two 
years,  and  until  their  successors  shall  be  qualified,  but  no  person  shall 
hold  the  office  of  sheriff  or  county  treasurer  for  more  than  two  consecutive 
terms." 

In  section  4  strike  out  the  word  "for"  in  third  line. 

In  section  5  strike  out  first  Une  and  substitute  word  "all." 

ORDINANCE. 

Mr.  Stinson.  Mr.  President,  I  would  suggest,  that  it  is  desirable  to 
place  all  the  Articles  as  speedily  as  possible  in  the  hands  of  the  commit- 
tee on  Phraseology.  Therefore,  as  the  report  of  the  committee  on  Ordi- 
nance is  now  before  us,  I  move  that  the  Convention  now  take  up  the  con- 
sideration of  that  report. 

The  motion  was  agreed  to. 

Accordingly,  the  Convention  resolved  into  committee  of  the  whole — 
Mr.  Palmer  in  the  Chair — and  took  up  the  Article  reported  by  the  com- 
mittee on  Ordinance. 

On  motion  by  Mr.  Slough,  it  was  considered  by  sections,  and  the  first 
sentence  [section]  was  read  by  the  Secretary,  to  wit: 

"Whereas  the  Government  of  the  United  States  is  the  proprietor  of  a 
large  proportion  of  the  Lands  included  in  the  limits  of  the  State  of  Kan- 
sas as  prescribed  by  this  Constitution,  and  whereas  the  State  of  Kansas 


366  Convention  Proceedings  and  Debates. 

will  possess  the  undoubted  right  to  tax  said  lands  for  the  purpose  of  sus- 
taining a  State  Government,  and  for  other  and  legitimate  purposes  con- 
nected with  her  existence  as  a  State;  now  therefore  be  it  ordained  by  the 
people  of  Kansas,  that  the  right  of  the  State  of  Kansas  as  aforesaid  to  tax 
such  lands  shall  be  and  is  relinquished  forever,  neither  will  the  said  State 
of  Kansas,  without  the  consent  of  Congress,  interfere  with  the  title  of  the 
United  States  to  the  said  lands,  or  with  any  regulation  which  Congress 
may  prescribe  in  relation  thereto,  or  tax  non-residents  greater  than  resi- 
[*261]  dents,  Provided  always,  that  the  conditions  ^following  be  ac- 
cepted and  agreed  to  by  Congress:" 

On  motion  by  Mr.  Stinson.  the  first  syllable  in  the  word  "proportion," 
in  the  first  fine,  was  stricken  out;  and  so  the  sentence  passed. 
The  first  section  was  read,  viz: 

"Sec.  1.  That  sections  numbered  sixteen  and  thirty-six  in  every  town- 
ship in  said  State,  including  Indian  Reserves,  and  Trust  Lands,  and  when 
either  of  said  sections,  or  any  part  thereof,  has  been  sold,  or  otherwise  dis- 
posed of  or  appropriated,  other  lands  equivalent  thereto  in  value,  as 
nearly  contiguous  thereto  as  possible  shall  be  granted  to  said  State  ex- 
clusively for  the  use  of  Common  Schools." 

On  motion  by  Mr.  Ingalls,  the  surplus  word  "thereto"  was  stricken 
out. 

Mr.  Thacher.  Mr.  Chairman,  I  would  ask  whether  we  would  not  be 
entitled  to  the  sixteenth  and  thirty-sixth  sections  in  every  townshin.  if  the 
words  "including  Indian  Reserves  and  Trust  Lands"  were  omitted?  If 
we  should,  then  I  think  it  would  be  better  to  omit  them;  if  not,  better  to 
include  them. 

Mr.  J.  Blood.  I  think,  without  the  words  it  would  leave  the  matter  in 
doubt.    They  were  inserted  to  prevent  any  doubt  in  the  matter. 

Mr.  Stinson.  The  Committee  had  that  matter  under  special  con- 
sideration. 

Mr.  Thacher.  It  occurs  to  me,  Mr.  Chairman,  that  you  had  a  sweep- 
ing clause  by  which  Congress  grants  other  lands,  where  tho.se  sixteenth  sec- 
tions are  disposed  of.  I  make  no  motion  if  it  is  thought  better  for  the 
words  to  be  there. 

Mr.  Stinson.    Would  it  not  be  better  to  strike  out  the  first  "thereto." 

Mr.  J.  Blood.  The  sections  we  might  get  on  the  prairies  would  not  be 
worth  fifty  cents  an  acre,  whilst  we  sometimes  relinquish  land  worth  ten 
dollars  an  acre.  I  do  not  propose  to  reUnquish  valuable  lands  which  we 
have  a  right  to  under  the  organic  act,  and  accept  of  other  lands  not  of  equal 
value. 

Mr.  President  Winchell.  Mr.  Chairman,  I  have  an  amendment  in 
the  form  of  a  substitute,  which  merely  changes  the  arrangement  of  the 
words.    It  covers  just  the  same  ground,  I  apprehend,  as  the  original: 

"First.  That  sections  sixteen  and  thirty-six  in  every  township  in  said 
State,  including  Indian  Reservations  and  Trust  lands,  shall  be  granted  to 
the  State  exclusively  for  the  use  of  common  schools;  and  where  either  of 
said  sections,  or  any  part  thereof,  has  been  sold,  or  otherwise  disposed  of  or 
appropriated,  other  lands  of  equal  value,  as  nearly  contiguous  thereto  as 
possible,  shall  be  granted  to  the  State  for  said  purpose." 

Mr.  McDowell.  Wn^ld  not  the  committee  on  Phraseology  have  a  right 
to  make  these  transpositions? 


Thursday,  July  21,  1859.  367 

Mr.  WiNCHELL.  I  opine  they  would.  But  at  the  same  time  it  would 
be  only  fair,  if  they  [we]  would  do  what  they  [we]  could  to  make  these 
matters  right  as  we  pass  along. 

Mr.  Stinson.  If  there  is  ambiguity,  then  I  would  be  in  favor  of  the 
substitute.  To  me  it  seems  that  there  might  be  several  words  saved  here, 
and  the  same  idea  expressed. 

Mr.  WiNCHELL.  The  object  is  to  express  the  sense  of  the  report.  I 
offer  the  substitute  merely  as  being  a  better  arrangement  of  the  language. 

The  substitute  was  adopted  and  so  the  section  was  passed. 

Sections  2,  3,  4,  5,  6,  7,  were  read  and  passed  without  amendment,  viz: 

"Sec.  2.  That  seventy-two  sections,  or  two  entire  townships  of  land  shall 
be  set  apart  and  granted  to  said  State,  for  the  support  and  maintenance  of 
a  State  University. 

Sec.  3.  That  all  the  swamp  lands  in  said  State  shall  be  set  apart  and 
granted  to  said  State  for  the  use  exclusively  of  Common  Schools. 

Sec.  4.  That  thirty-six  sections  or  one  entire  township,  be  set  apart  and 
[*262]  granted  to  said  *state  for  the  purpose  of  erecting  suitable  public 
buildings  for  the  same. 

Sec.  5.  That  seventy-two  sections  or  two  entire  townships  shall  be  set 
apart  and  granted  for  the  building,  support  and  maintenance  of  charitable 
and  benevolent  institutions  in  said  State. 

Sec.  6.  That  all  salt  springs  not  exceeding  twelve  in  number,  with  six 
sections  of  land  adjacent  thereto,  shall  be  set  apart  and  granted  to  said 
State  to  be  used  and  disposed  of  for  works  of  pubhc  improvement,  as  the 
Legislature  of  said  State  may  by  law  prescribe. 

Sec.  7.  That  all  gold,  silver,  lead,  copper,  and  other  valuable  mines,  to- 
gether with  the  lands  necessary  to  the  full  occupation  and  use  of  said 
mines  shall  be  set  apart  and  granted  to  said  State  for  works  of  public  im- 
provement, to  be  used  and  disposed  of  as  the  Legislature  of  said  State  may 
by  law  prescribe." 

Section  8  was  read,  viz : 

"Sec.  8.  That  five  per  centum  of  the  proceeds  of  the  sale  of  public  lands 
sold  in  Kansas  from  and  after  the  admission  of  said  State  into  the  Union, 
shall  be  paid  to  the  State  for  the  purpose  of  creating  a  Common  School 
fund — the  principal  to  be  held  sacred,  and  the  interest  to  be  applied  to  the 
education  of  the  children  of  Kansas." 

Mr.  BuRRis.  Mr.  Chairman,  I  move  to  amend  in  the  twenty-seventh 
line,  by  striking  out  the  word  "from,"  and  inserting  the  word  "before,"  so 
that  it  will  read:  "five  per  centum  of  the  proceeds  of  the  sales  of  the  pub- 
lic lands  sold  in  Kansas  before  and  after  the  admission  of  the  said  State," 
&c.  I  believe  that  under  this  section,  as  it  now  stands,  the  State  of  Kansas 
would  be  cut  off  from  a  very  large  amount  of  this  five  per  cent.,  to  which 
she  is  justly  entitled,  and  which  new  States  usually  receive.  For  if  she 
does  not  receive  this  per  cent  on  lands  sold  before  her  admission,  she  will 
receive  but  little,  because  the  larger  portion  of  the  best  lands  will  no  doubt 
be  sold  before  her  admission.  I  believe  that  Iowa  received  her  five  per  cent 
on  the  lands  sold  there  before  as  well  as  after  her  admission.  That  is  my 
impression:  and  I  have  a  distinct  recollection  that  it  was  claimed. 

Mr.  Stinson.  Mr.  Chairman,  I  think  that,  on  examination,  the  gentle- 
man will  find  the  precedents  against  him,  and  that  the  five  per  cents  arc 
not  to  be  awarded  until  after  the  admission  of  the  State. 


368  CoxvEXTiox  Proceedings  and  Debates. 

]\Ir.  Thacher.  Mr.  Chairman,  under  this  section  you  only  give  five  per 
cent  on  the  lands  sold  for  cash.  The  gentleman  from  Johnson  will  remem- 
ber that  in  Iowa,  a  large  portion  of  the  public  lands  were  taken  by  the 
location  of  bounty  land  warrants,  and  that  the  State  received  nothing  for 
them.  I  think  we  ought  to  have  a  provision  to  secure  us  against  that. 
Governor  Lowe  insisted  that  that  was  the  contract  between  Iowa  and  the 
United  States — that  she  should  have  five  per  cent,  on  all  the  pubUc  lands 
sold  after  her  admission,  and  that  by  the  bounty  land  warrants  coming  in, 
the  State  was  wronged  out  of  a  large  amount  of  money.  I  move,  sir,  to 
insert  after  the  word  "sold,"  these  words:  "or  located  as  bounty  land." 

Mr.  Wrigley.  I  would  suggest  the  propriety  of  using  the  word  "en- 
tered," instead  of  "located." 

Mr.  Thacher.  Mr.  Chairman,  I  am  not  satisfied  with  the  wording,  and 
I  hope  some  gentleman  wiU  suggest  something  better.  I  accept  the  modi- 
fication. 

The  latter  amendment  was  adopted,  and  so  the  section  was  passed. 

Section  9  was  read,  viz: 

"Sec.  9.  That  nothing  herein  contained  shall  be  deemed  a  waiver  of  the 
right  of  the  State  of  Kansas  to  the  Five  Hundred  Thousand  acres  of  land 
to  which  said  State  is  entitled  under  the  Act  of  Congress  entitled  "An  Act 
to  appropriate  the  proceeds  of  the  sales  of  the  pubhc  lands  and  grant  pre- 
[*263]  emption  rights,"  approved  September  5th,  1S41,  and  *that  said 
land  be  granted  and  set  apart  to  said  State  to  be  used  and  disposed  of  by 
the  Legislature  of  said  State  in  accordance  with  the  provisions  of  said  law." 

Mr.  Parks.  Mr.  Chairman,  the  law  here  referred  to  was  approved 
on  the  4th  of  September,  1841 — not  the  5th. 

The  section  was  corrected  accordingly,  and  so  passed. 

Section  10  was  read,  viz: 

"Sec.  10.  That  two  hundred  entire  townships  of  land  in  said  State  shall 
be  granted  and  set  apart  by  the  Government  of  the  United  States  to  said 
State  for  the  purpose  of  aiding  in  the  construction  of  railroads,  and  other 
internal  improvements." 

Mr.  President  Winchell.  Mr.  Chairman,  I  would  enquire  whether 
there  should  not  be  some  provision  to  secure  an  equal  amount  of  land,  in 
case  these  two  hundred  townships  can  not  be  procured? 

Mr.  J.  Blood.  I  have  just  prepared  an  amendment  to  meet  that.  I 
propose  to  insert  in  the  25th  line,  after  the  word  "township,"  these  words: 
"or  four  millions  six  hundred  and  eight  thousand  acres."  That  amount 
of  land  to  be  granted  on  the  admission  of  the  State.  I  believe  all  the 
western  States  have  received  a  grant  from  Congress  equal,  if  not  greater 
than  the  amount  proposed  in  this  ordinance. 

Mr.  Stinson.    I  would  strike  out  the  word  "entire." 

These  amendments  were  agreed  to,  and  so  the  section  passed. 

Mr.  Slough  submitted  the  following: 

"Sec. .  That  five  hundred  thousand  acres  of  land  in  the  State  shall 

be  granted  and  set  apart  by  the  government  of  the  United  States  for  the 
payment  of  claims,  proven  before  the  Board  of  Commissioners  appointed 
under  "An  act  to  provide  for  the  Adjustment  and  Payment  of  Claims," 
offered  February  7,  1859,  by  the  Governor  of  the  Territory  of  Kansas." 

Mr.  Ingalls.  Mr.  Chairman,  I  would  inquire  whether  the  report  of 
the  Commissioners  under  the  act  of  February  7,  is  officially  before  this 
body.    If  not,  I  would  suggest  the  propriety  of  waiting  till  it  is  before  you. 


Thursday,  July  21,  1859.  369 

Mr.  Thacher.  I  think  the  motion  is  premature.  It  should  go  into 
the  memorial  to  Congress — not  as  a  condition  of  our  admission. 

Mr.  SuorGH.  I  thought  this  was  the  most  appropriate  place  to  come  in. 
I  am  informed  by  one  of  the  Board  of  Commissioners — the  gentleman 
from  Brown  (Mr.  Kingman)  that  the  sum  of  their  awards  amount  to 
about  $412,000,  and  I  inserted  five  hundred  thousand  acres,  believing  that 
would  be  sufficient  to  cover  all  the  claims  and  expenses  of  adjustment. 
It  seems  to  me  clearly,  that  these  claims  ought  to  be  paid  by  the  United 
States,  and  not  saddled  upon  the  people  of  Kansas. 

Mr.  Thacher.  I  also  want  a  hundred  thousand  acres  to  improve  the 
navigation  of  the  Kaw  river.  But  neither  this,  nor  these  claims  should  be 
made  a  condition  precedent  to  the  admission  of  Kansas;  and  if  we  put  them 
into  the  ordinance  we  say  to  Congress  virtually,  that  unless  these  grants 
are  made  we  wiU  stand  out  of  the  Union.  The  proper  place  for  these  appli- 
cations is  in  the  memorial,  so  that,  if  Congress  reject  the  memorial,  they 
can  still  admit  us  with  the  Constitution  and  this  ordinance  which  is  a 
part  of  the  Constitution.  No  man  is  more  willing  and  anxious  to  see 
every  one  of  those  honest  claimants  paid  than  I  am.  I  believe  Col.  S'ough 
and  myself  are  aereed  on  that,  entirely.  But  I  do  believe  it  would  be  an 
unwise  endangering  of  the  safety  and  success  of  the  Constitution  to  insert 
anything  of  this  sort  in  the  ordinance.  It  is  not  to  be  disguised,  sir,  that 
there  is  considerable  feeling  in  the  Territory  on  this  question,  and  many 
strange  stories  are  rife  in  connection  with  it,  and  all  of  them  will  go  before 
Congress.  Let  us  then  send  up  our  application  for  these  claims  in  the 
memorial.  Thus  we  shall  not  place  ourselves  in  the  unpleasant  position  of 
saying  to  Congress,  unless  you  make  these  appropriations  we  will  turn 
[*264]  our  backs  and  refuse  to  come  into  the  Union.  If,  then,  we  *are 
really  anxious  to  throw  off  the  Territorial  vassalage  we  have  endured  so 
long — if  we  are  really  desirous  of  the  advantages  of  State  sovereiznty,  I 
beg  of  gentlemen  not  to  add  anything  here  that  will  have  a  tendency  to 
defeat  this  object. 

Mr.  Slough.  Mr.  Chairman,  I  do  not  propose  to  say  but  a  single 
word.  If  a  committee  on  memorial  had  been  raised  by  the  Convention,  to 
which  such  matters  as  these  iright  have  been  referred,  I  should  never 
have  introduced  this  section.  But  no  such  a  committee  has  been  raised, 
and  this  is  the  first  intimation  that  I  have  heard  about  memorializing 
Congress  on  this  subject.  And  if  it  is  the  desire  of  the  Convention  to 
memoriaUze  Congress  on  this  and  kindred  subjects,  I  would  suggest  that 
such  a  committee  be  raised. 

Mr.  Thacher.  I  did  not  know  but  what  there  was  a  committee  on  that 
subject. 

Mr.  Slough.  There  is  no  such  committee.  But  I  shall  not  consent 
either  by  my  vote  or  influence  here,  that  the  payment  of  these  claims 
may  be  palmed  upon  the  people  of  the  Territory  or  of  the  new  State  of 
Kansas.  I  now  ask  leave  to  withdraw  the  proposition,  for  the  purpose,  at 
the  proper  time,  of  referring  it  to  the  Committee  on  Memorial. 

Mr.  J.  Blood.  Mr.  Chairman,  the  Committee  on  Ordinance  considered 
the  matter  of  these  claims,  and  there  were  objections  to  inserting  such  a 
section  in  this  ordinance.  But  the  committee  considered  that  it  would  be 
proper  for  them  to  report  a  memorial  or  resolution,  asking  Congress  to 
provide  for  the  pajTnent  of  the  awards  to  these  claimants,  together  with 
all  the  other  indebtedness  of  the  Territory;  and  to  ask  for  anything  else 
that  might  be  thought  best.    But  it  was  thought  not  best  to  put  these 

24 — 778 


370  Convention  Proceedings  and  Debates. 

things  into  the  ordinance.  If  we  ask  for  these  things  in  a  memorial,  and 
they  should  not  be  granted,  still  we  might  not  be  embarrassed  by  them  as 
to  our  admission  and  the  organization  of  a  State  government;  and  the 
matter  would  still  be  open  for  future  negotiation  with  Congress.  For 
these  reasons  it  was  thought  best  not  to  include  this  matter  in  the  ordi- 
nance. And  another  reason  was  that  the  report  of  the  Commissioners 
was  not  before  us,  and  therefore  were  not  able  to  fix  upon  the  exact 
amount  of  these  claims.  And  it  was  also  considered  that  we  would  have 
an  opportunity  to  make  another  report. 

Mr.  Slough.  With  this  explanation  of  the  chairman  of  the  Committee 
on  Ordinance,  it  will  not  be  necessary  to  msist  on  this  any  further  now. 
But  as  this  matter  had  been  referred  to  that  committee  some  time  ago,  in  a 
resolution  offered  by  myself,  1  thought  they  had  perhaps  determined  not  to 
report  it. 

Mr.  J.  Blood.  The  gentleman  will  recollect  that  ours  is  the  Committee 
on  Ordinance  and  the  Public  Debt,  and  that  this  is  simply  their  report  on 
ordinance — leaving  the  matter  of  the  public  debt  for  a  future  report. 

Section  11  was  then  read  and  passed,  viz: 

"Skc.  11.  That  the  lands  hereinbefore  mentioned  shall  be  selected  in  such 
manner  as  may  be  prescribed  by  law;  such  selection  to  be  subject  always  to 
the  approval  of  the  Commissioner  of  the  General  Land  OfRce  of  the  United 
States." 

Mr.  Houston  submitted  the  following  as  an  additional  section: 

"Sec.  12.  That  twelve  sections  of  land  be  granted  to  the  State  for  the 
improvement  of  the  Kansas  river." 

Mr.  Houston.  I  believe  we  can  get  that.  We  have  asked  here  for 
nothing  but  what  it  is  ordinary  for  Congress  to  grant  to  a  new  State,  and 
we  may  secure  this  as  well  as  not.  It  is  not  my  purpose  to  press  this  with 
a  speech,  but  simply  to  call  attention  to  the  fact.  It  is  well  known  that 
Congress  pays  annually  large  amounts  of  money  for  transportations  to 
Fort  Riley.  It  is  also  well  known  that  now  whilst  there  is  no  railroad  com- 
munication in  that  direction,  Congress  must  feel  that  there  are  special 
claims  and  reasons  for  doing  something  toward  improving  the  navigation  of 
[*265]  the  Kaw  river,  in  connection  with  a  system  of  internal  im*prove- 
ments  reaching  towards  the  mountains.  It  is  also  well  known  that  such 
an  improvement  would  be  valuable  to  the  general  government  itself.  I 
hold,  therefore,  that  Congress  will  not  hesitate  about  this  grant.  They 
will  see  that  the  government  will  make  money  by  the  operation.  That  will 
be  a  means  of  extending  the  settlements — of  filling  up  and  selling  more 
lands,  and  of  facilitating  the  transportation  of  military  stores.  I  think,  sir, 
if  gentlemen  will  ponder  these  things  they  will  see  that  the  matter  of  this 
grant  will  not  hinder  our  admission  for  a  single  moment.  These  are  weighty 
and  important  considerations  to  be  urged  in  its  favor. 

Mr.  Crocker  proposed  to  strike  out  the  "twelve  sections,"  and  insert 
"twelve  acres." 

Mr.  Thacher  proposed  "one  hundred  sections." 

Mr.  J.  Blood.  Mr.  Chairman,  I  feel  the  importance  of  getting  up  some 
proposition  by  which  the  navigation  of  the  Kaw  river  may  be  improved. 
I  feel  that  this  thing  is  very  important  to  the  whole  State.  But  I  think  the 
amount  proposed  in  the  section  is  entirely  inefficient  [insufficient].  That  a 
sufficient  amoimt  of  land  will  be  obtained  for  this  purpose,  I  have  no 
doubt.  And  in  addition  to  this,  I  have  to  say,  that  it  has  been  agreed  upon 
by  our  committee  to  memorialize  Congress  for  a  separate  grant  of  land  for 


Thursday,  July  21,  1859.  371 

that  purpose.  If  we  do  not  obtain  it,  then  we  may  appropriate  the  lands 
belonging  to  the  State  to  that  purpose. 

Mr.  Houston,  Mr.  Chairman,  I  am  quite  well  aware  that  the  idea  of 
improving  our  western  waters  is  a  very  unpopular  one  in  Congress.  I  know 
that  they  have  not  favored  the  improvement  of  the  navigation  of  our 
rivers  heretofore.  They  have  been  almost  sure  to  be  defeated.  Every 
effort  to  improve  the  upper  Mississippi  has  failed;  and  therefore  I  de- 
termined to  put  in  for  a  reasonable  amount.  With  reference  to  me- 
morializing Congress  for  this,  I  think  that  would  be  to  defeat  the  whole 
thing;  and  so  when  they  come  to  decide  on  the  railroad  grants,  they  will 
not  have  a  foot  of  land  for  the  Kaw  river.  I  think,  sir,  this  is  an  oppor- 
tunity in  which  Congress  may  be  successfully  called  upon  to  do  something, 
without  raising  the  Constitutional  question  against  us.  Whereas,  if  it  were 
a  specific  efiort,  by  way  of  memorial,  it  would  certainly  come  under  all  the 
fatal  questions  in  connection  with  the  improvement  of  western  streams. 

Mr.  Ritchie.  Mr.  Chairman,  at  the  proper  time  I  shall  be  in  favor  of 
such  an  appropriation;  but  1  deem  this  not  the  proper  time,  and  therefore 
I  move  to  lay  the  section  on  the  table. 

The  motion  was  agreed  to. 

The  committee  now  rose  and  the  chairman  reported  the  ordinance 
article,  with  the  amendments,  to  the  Convention,  recommending  concur- 
rence. 

Mr.  Stinson.  Mr.  President,  I  move  that  the  ordinance  article,  as 
reported  with  the  amendments  from  the  Committee  of  the  Whole,  be 
adopted  as  a  whole. 

The  motion  was  adopted ;  and  then,  on  the  further  motion  of  Mr.  Stin- 
son, it  was  ordered  to  be  printed  and  referred  to  the  committee  on 
Phraseology  and  Arrangement. 

Mr.  Ross.    Mr.  President,  is  there  anything  before  the  Convention? 

The  President.  There  is  matter  reported  from  the  committee  on 
Phraseology  and  Arrangement. 

Mr.  Ross.  I  move  that  the  Convention  take  a  recess  till  3  o'clock,  to 
give  the  committee  on  Apportionment  time  to  perfect  their  report. 

And  accordingly  the  Convention  took  a  recess. 


AFTERNOON  SESSION. 
The  President  called  the  Convention  to  order  at  3  o'clock. 

DR.   J.   E.    BENNETT. 

Mr.  Stinson.  Mr.  President,  the  committee  to  whom  was  referred  the 
resolution  of  the  gentleman  from  Douglas  (Mr.  Hutchinson)  beg  leave  to 
submit  the  following  report: 

[*266]  "The  special  committee  to  whom  was  referred  *the  resolution 
withdrawing  the  honorary  seat  tendered  by  this  Convention  to  Dr.  J.  E. 
Bennett,  beg  leave  to  report  that  upon  an  examination  of  the  Journal  of 
this  Convention  they  find  that  Dr.  Bennett,  at  the  time  of  the  alleged  out- 
rage, was  not  in  any  way  entitled  to  an  honorary  seat  in  this  Convention." 

The  report  was  concurred  in. 

Mr.  Slough.    I  move  that  the  report  be  filed. 

The  motion  was  agreed  to. 


372  Convention  Proceedings  and  Debates. 

the  militia. 

Mr.  Slough.  Mr.  President,  I  move  that  we  take  up  the  report  of  the 
committee  on  Phraseology  and  Arrangement  on  the  Militia. 

Mr.  McDowell.  I  would  enquire  whether  the  special  committee  to 
whom  was  referred  the  question  as  to  the  position  of  Articles  in  the  hands 
of  the  revision  committee  have  made  a  report  ? 

The  President.  The  committee  have  not  reported.  The  gentleman 
from  Douglas  (Mr.  Thacher)  is  chairman. 

Mr.  Thacher.  The  committee  have  agreed  upon  a  report  and  when- 
ever occasion  seems  to  require,  will  report  it. 

Mr.  Slough.    Mr.  President,  is  any  further  motion  necessary? 

The  President.  The  report  of  the  committee  on  Phraseology  and  Ar- 
rangement on  the  Article  on  Militia  is  before  the  Convention  for  any 
action. 

Mr.  Slough.    I  call  for  the  reading  of  that  report  by  sections. 

The  report  was  read  and  the  following  were  the  several  amendments 
agreed  to: 

In  section  1  strike  out  the  word  "such"  where  it  occurs  the  second  time. 
In  section  2  strike  out  the  words  "by  law"  and  change  the  word  "they" 
to  "it." 

In  section  3  strike  out  the  word  "be"  where  it  occurs  the  second  time. 

Transpose  section  4,  so  that  it  will  read  as  follows: 

"Sec.  4.  The  Governor  shall  be  Commander-in-Chief,  and  shall  have 
power  to  call  out  the  Militia  to  execute  the  laws,  to  suppress  insurrection 
and  to  repel  invasion." 

Mr.  Houston.  Mr.  President,  I  was  about  preferring  a  substitute  in 
lieu  of  the  second  section. 

The  President.  In  the  opinion  of  the  Chair  no  amendment  of  any  sec- 
tion will  be  in  order  without  first  reconsidering  the  section. 

Mr.  Slough.    What  is  the  proposed  amendment? 

Mr.  Houston.    As  we  have  passed  it,  section  second  reads: 

"Sec.  2.  The  Legislature  shall  provide  for  organizing,  equipping  and  dis- 
ciplining the  Militia  in  such  manner  as  it  shall  deem  expedient — not  in- 
compatible with  the  laws  of  the  United  States." 

"Sec.  2.  The  Legislature  shall  provide  for  the  election  and  discipline  of 
a  skeleton  corps  of  mi'itary  officers,  but  the  people  of  the  State  shall  not 
be  compelled  to  do  military  duty,  except  in  those  cases  specifically  pro- 
vided for  by  law." 

Mr.  Kingman.    Did  I  understand  the  reading — "a  corps  of  skeletons? 

Mr.  Houston.  I  will  leave  out  the  word  skeleton  if  it  is  particularly 
offensive.  I  will  make  but  a  single  remark.  The  jiroposition  laid  down  is, 
that  the  Legislature  shall  provide  by  law  for  a  militia  organization,  in- 
volving, of  course,  a  great  deal  of  expense  and  time,  and  every  man  knows 
the  whole  system  of  training  is  a  perfect  farce.  There  never  was  a  greater 
farce.  For  that  reason  I  think  it  would  be  better  for  us  to  simply  pro- 
vide for  the  proposed  corps  of  officers. 

Mr.  Slough.  Mr.  President,  I  rise  to  a  point  of  order.  I  believe  there 
is  no  motion  before  the  Convention. 

The  President.    The  motion  is  to  adopt  the  entire  article. 


Thursday,  July  21,  1859.  373 

Mr.  Stinson.  I  would  state,  in  explanation  of  the  remark  of  Mr. 
Kingman,  made  upon  hearing  it  suggested  that  a  corps  of  skeletons 
[*267]  *\vere  to  be  organized,  that  visions  of  military  ambition  began 
to  run  through  the  gentleman's  brain. 

The  Article  on  IVIilitia,  as  amended  by  the  committee  on  Phraseology 
and  Arrangement,  was  adopted. 

Mr.  Slough.  Mr.  Pre.sident,  although  this  has  been  reported  from  the 
committee  on  Phraseology  and  Arrangement,  I  think  it  would  be  proper 
to  recommit  for  the  puri^ose  of  Arrangement.  For  that  purpose  I  will 
offer  the  following  resolution: 

"Resolved,  That  after  Articles  have  been  adopted  by  the  Convention, 
that  they  be  referred  to  the  committee  on  Phraseology  and  Arrangement 
for  Arrangement  and  Engrossment." 

Mr.  Eoss.  I  would  ask  what  we  are  to  understand  by  the  word  "en- 
grossment"— whether  it  is  the  usual  form  or  otherwise? 

Mr.  Slough.  It  seems  to  me  it  ought  to  constitute  the  original  instru- 
ment that  will  be  signed  by  members  of  the  Convention.  That  is  the  idea 
contemplated.  It  is  an  enrollment,  properly.  I  will  insert  the  word  '"en- 
rollment" instead  of  "engrossment." 

The  President.  I  suppose  that  is  intended  to  apply  to  the  written 
copy  as  a  whole. 

Mr.  Slough.    Yes,  sir. 

The  President.    The  resolution  is  adopted. 

COUNTY  and   township  ORGANIZATION. 

Mr.  Slough.  Mr.  President,  there  is  another  report  before  the  Con- 
vention, I  beUeve;  the  report  from  the  committee  on  Phraseology  and  Ar- 
rangement on  the  report  of  the  Committee  on  County  and  Township  or- 
ganization.   I  move  that  be  taken. 

The  motion  was  agreed  to. 

The  following  amendment  of  the  committee  was  read. 

"In  section  1  make  verbal  alterations  so  as  to  read: 

"  'Section  1.  The  Legislature  shall  proAdde  for  organizing  new  counties, 
locating  county  seats,  and  changing  county  lines,  but  no  county  seat  shall 
be  changed  without  the  consent  of  a  majority  of  the  electors  of  the  county; 
nor  organize  a  new  county,  nor  change  the  lines  of  any  county  organized 
so  as  to  include  an  area  of  less  than  four  hundred  and  thirtv-two  square 
miles.' " 

Mr.  Stinson.  Mr.  President,  I  move  to  strike  out  that  portion  re- 
ferring to  "the  area  of  not  less  than  432  square  miles."  That  looks  like 
one  of  the  restrictions  we  have  been  crying  out  against. 

Mr.  Slough.    I  move  to  lay  the  motion  on  the  table. 
This  motion  was  agreed  to. 

The  amendment  of  the  committee  was  then  adopted. 
The  following  amendment  of  the  committee  was  adopted: 
"In  section  2  make  verbal  alterations  so  as  to  read: 
"Sec.  2.    The  Legislature  shall  provide  for  such  county  and  township 
officers  as  may  be  necessary." 

The  Committee's  amendments  to  section  3  was  read  as  follows: 


374  Convention  Proceedings  and  Debates. 

"In  section  2  [3]  make  verbal  alterations  so  as  to  read: 

"Sec.  3.  All  county  officers  shall  hold  their  offices  for  the  term  of  two 
years  and  until  their  successors  shall  be  qualified,  but  no  person  shall 
hold  the  office  of  Sheriff  or  county  Treasurer  for  more  than  two  consecutive 
terms." 

Mr.  Kingman.  In  fixing  the  term  of  office  I  see  it  is  fixed  for  two 
years. 

The  President.  The  Chair  understands  the  section  to  embrace  the 
intent  of  the  original  section. 

The  Committee  amendment  was  adopted. 

The  following  committee  amendments  were  then  adopted: 

"In  section  4  strike  out  the  word  'for.'  " 

"In  section  5  strike  out  the  words  'Justices  of  the  Peace  and'  and  insert. 
'AU.' " 

The  Article  on  County  and  Township  Organization,  as  amended  by  the 
[*268]  committee  on  Phra-seology  and  Arrangement,  was  then  adopted 
and  recommitted  for  enrollment  under  the  rule. 

CORPORATIONS   AND   BANKS. 

Mr.  Ingalls.  Mr.  President,  as  chairman  of  the  committee  on  Phrase- 
ology and  Arrangement,  I  beg  leave  to  submit  the  following  report: 

The  committee  on  Phraseology  and  Arrangement  having  had  under 
consideration  the  Articles  on  "Corporations"  and  "Banking  and  Currency," 
respectfully  submit  the  following  report: 

"In  section  1,  line  3,  strike  out  "formed"  and  insert  "created." 

In  line  4  strike  out  "from  time  to  time,"  and  in  line  5  "altered  or"  and 
add  after  the  words  "amended  or  repealed." 

For  section  2  read  as  follows: 

Dues  from  corporations  shall  be  secured  by  individual  liability  of  the 
stockholders  to  an  additional  amount  equal  to  the  stock  owned  by  each 
stockholder,  and  such  other  means  as  shall  be  provided  by  law,  but  such 
individual  liability  shall  not  apply  to  railroad  corporations  or  corporations 
for  religious  or  charitable  purposes. 

In  section  3  read  "the  title  to  all  property  of  religious  corporations 
shall  vest  in  Trustees,  whose  election  shall  be  by  the  members  of  such  cor- 
porations." 

In  section  5,  last  line  but  one,  transfer  "so"  and  place  it  before  "re- 
stricted." 

In  section  6,  line  2,  strike  out  "be  construed  to."  In  line  4  strike  out 
"any  of  the." 

Strike  out  all  after  "corporations"  in  line  6  and  read  "may  sue  and  be 
sued  in  their  corporate  names." 

Change  title  of  Article  on  Banking  and  Currency  to  "Banks  and  Cur- 
rency." 

In  section  2,  line  1,  strike  out  the  word  "general"  and  punctuate  dif- 
ferently. 

In  section  3,  line  6,  strike  out  "an." 

Section  4,  lines  1  and  2,  change  "bank  notes  issued  as  a  circulating 
medium"  and  read  "circulating  notes."  In  line  4  strike  out  "bank"  and 
read  "such." 

In  section  5,  line  2,  strike  out  "bank  or." 

In  section  6  transpose  "officers  and  offices"  in  line  2,  and  in  line  5 
Btrike  the  word  "bank"  and  read  "circulating." 


Thursday,  July  21,  1859.  375 

Strike  out  section  7.  If  recommendation  not  adopted  strike  out  in 
line  2  tiie  word  "bills"  and  insert  "circulating  notes." 

In  section  8  strike  out  entire  section  and  insert:  "No  banking  law  shall 
be  in  force  until  after  its  submission  and  ratification  by  a  popular  vote  at 
some  general  election."  If  recommendation  not  adopted,  in  line  1  strike 
out  "such  general"  and  in  line  2  "any  force  or  effect"  and  insert  in  lieu  of 
the  last  "be  in  force."    In  line  5  strike  out  the  word  "been." 

For  section  9  read:   "Any  banking  law  may  be  amended  or  repealed." 

The  President.  The  Chair  believes  that  the  amendment  will  be  in 
order  without  a  reconsideration  of  the  section  adopted,  except  such  amend- 
ments as  have  been  reported  by  the  committee  on  Phraseology. 

Mr.  Blunt.    I  move  that  it  be  reconsidered. 

Mr.  Kingman.  There  is  a  difference  of  opinion  as  to  whether  an 
amendment  has  not  been  adopted  which  is  not  in  it. 

Mr.  Thacher.  In  committee  of  the  whole  a  clause  was  stricken  out 
and  in  Convention  it  was  reinstated.  The  words  were,  "irrespective  of  any 
benefit  from  any  improvement  proposed  by  such  corporations." 

Mr.  Blunt.    That  is  the  amendment  I  was  proposing  to  offer. 

The  President.  The  Chair  would  state  that  the  next  morning,  when 
the  journal  was  read,  in  connection  with  the  section  so  amended,  I  arose 
and  called  the  attention  of  the  House  to  it. 

The  President.    The  Chair  has  a  recollection  of  something  of  the  sort. 

Mr.  Slough.  Then  the  question  comes  in  this  shape:  The  recommen- 
dation of  the  committee  is  to  strike  out.  I  move  that  portion  of  the  report 
be  rejected. 

[*269]     Mr.  Blunt.     I  don't  know  that  I  understand  *the  exact  effect 
of  the  vote  to  be  taken  on  this  motion. 

The  President.  The  effect  will  be  to  reinstate  the  clause  which  was 
stricken  out  in  committee  of  the  whole,  and  reinstated  in  Convention. 

Mr.  Blunt.    That  is  what  I  desire. 

The  m.otion  was  agreed  to. 

The  section  as  amended  was  then  adopted. 

The  committee's  amendments  to  sections  5  and  6  were  then  read  and 
adopted. 

The  Article  on  Corporations  was  then  adopted  as  amended:  and  recom- 
mitted to  the  committee  on  phraseology  and  arrangement,  for  arrangement 
and  enrollment. 

banking  and  currency. 

The  amendments  of  the  committee  on  phraseology  and  arrangement,  to 
the  report  of  the  committee  on  Corporations  and  Banking,  entitled,  Bank- 
ing and  Currency,  were  then  considered. 

The  amendments  to  sections  1  and  2  were  read  and  adopted. 

The  amendment  to  section  3  was  read. 

Mr.  McDowell.  Mr.  President,  before  the  Convention  proceeds  to  the 
consideration  of  the  third  section,  I  would  like  to  move  a  reconsideration  of 
the  second  section,  so  as  to  amend  it  in  regard  to  the  character  of  the  col- 
lateral securities  to  be  deposited  with  the  Auditor  of  State.  My  object  in 
asking  a  reconsideration  is  to  strike  out  the  words  "interest  paying  bonds  of 
the  several  States,"  and  insert  "interest  paying  bonds  of  the  State  of  Kan- 
sas," or  of  the  United  States,  &c. 


376  Convention  Proceedings  and  Debates. 

Mr.  Stinson.    I  move  to  reconsider  the  section. 

On  this  motion  the  yeas  and  nays  were  demanded,  and  being  ordered  and 
taken,  resulted — yeas  22,  nays  24— as  follows: 

Yeas — Messrs.  Blunt,  Brown,  Barton,  Foster,  Greer,  Hippie,  Hubbard, 
Hutchinson,  Houston,  Kingman,  Moore,  McDowell,  McCune,  McClelland, 
McCuUough,  Parks,  Stinson,  Slough,  Stiarwalt,  Simpson,  J.  Wright,  Wrig- 
ley-22. 

Nays — Messrs.  Burnett,  Burris,  J.  Blood,  N.  C.  Blood,  Dutton,  For- 
man,  Graham,  Griffith,  Hanway,  Hoffman,  Ingalls,  Lillie,  Lamb,  Middle- 
ton,  Preston,  Palmer,  Porter,  Ritchie,  Signor,  Stokes,  Thacher,  Townsend, 
T.  S.  Wright,  WiUiams— 24. 

So  the  motion  was  rejected. 

The  committee's  amendment  to  section  3  was  adopted. 

The  committee's  amendments  to  sections  4,  5  and  6  were  read  and 
adopted. 

Mr.  Preston.  Mr.  President,  would  it  be  in  order  to  move  a  reconsid- 
eration of  the  seventh  section? 

The  President.  The  committee  have  reported  to  strike  it  out,  which 
will  obviate  the  necessity  of  a  reconsideration. 

Mr.  Thacher.  Mr.  President,  I  wish  to  urge  one  thing  in  favor  of  sup- 
porting the  report  of  the  committee,  and  that  is,  in  Kansas  we  shall  have 
notes  of  a  less  denomination  than  five  dollars  from  all  the  different  banks 
of  the  Union,  and  it  seems  hard  to  impose  a  restriction  upon  our  banks 
when  we  do  not  upon  foreign  banks — we  thus  tax  our  own  banks  for  the 
benefit  of  foreign  banks. 

Mr.  Kingman.  Mr.  President,  I  represent  a  very  respectable  com- 
munity who  are  averse  to  amendments,  and  my  reasons  are  these:  small 
bank  notes  drive  out  of  the  country  our  change.  They  pass  into  the  hands 
of  small  dealers,  in  payment  for  labor  and  in  exchange  for  the  small  com- 
modities of  a  large  class  of  people  who  know  little  or  nothing  of  the 
genuineness  of  bills.  If  we  keep  our  banks  from  issuing  small  notes,  they 
will  regulate  the  currency.  A  half  a  dozen  leading  business  men  can  drive 
all  these  small  issues  out  of  Kansas. 

Mr.  J.  Blood.  Mr.  President,  my  opinion  of  the  effect  of  this  restric- 
tion is  different  from  that  contemplated  by  the  gentleman  from  Brown 
(Mr.  Kingman).  Our  banks  would  su]iply  themselves  with  the  small 
notes  of  foreign  banks,  perhaps  in  exchange  for  their  own,  and  they  would 
[^270]  become  interested  *in  the  circulation  of  these  small  notes.  We  are 
not  driving  out  small  notes  from  circulation  by  such  a  restriction.  We  are 
s'mply  preventing  the  issue  of  small  notes  by  our  own  banks,  and  supplying 
their  place  by  foreign  bills.  I  think  the  effect  of  this  will  be  injurious  to  our 
banks  and  to  the  people.    I  am  in  favor  of  the  report  of  the  committee. 

Mr.  Preston.  Mr.  President,  if,  by  adopting  this  section,  we  could 
throw  out  of  circulation  in  Kansas,  all  small  notes,  I  would  favor  it  re- 
maining as  it  is.  I  believe  experience  teaches  that  it  does  not  obviate  the 
difficulty  which  the  gentleman  from  Brown  (Mr.  Kingman)  thinks  will  be 
the  effect  of  allowing  foreign  small  notes  to  be  circulated.  In  Ohio,  there 
is  a  law  prohibiting  the  issue  of  bank  notes  of  a  less  denomination  than 
five  dollars,  but  this  does  not  prevent  the  circulation  of  small  notes;  the 
State  is  flooded  with  small  notes  from  Kentucky,  Indiana,  and  other  States. 
The  same  number  are  in  circulation  as  though  they  were  issued  by  the 


Thursday,  July  21,  1859.  377 

banks  of  Ohio.    I  would  rather  have  our  own  than  foreign  paper;  and  so,  1 
shall  go  in  favor  of  the  recommendation  of  the  committee. 

Mr.  Thacher.  Mr.  President,  Pennsylvania  has  tried  this  very  system, 
and  the  result  is  they  never  can  carry  into  execution  their  law  against  the 
circulation  of  foreign  bank  bills.  Men  are  not  apt  to  refuse  a  dollar  for 
anything,  and  the  result  is,  instead  of  placing  bills  in  the  hands  of  your 
laboring  men  with  which  they  are  acquainted,  you  have,  in  place  of  them, 
bills  they  know  nothing  at  all  about.  We  have  ones,  twos  and  threes  of 
Indiana,  Illinois,  Wisconsin,  and  every  State  east  of  this,  except  perhaps 
Missouri;  and  the  only  effect  of  this  restriction  is,  to  keep  our  own  ones, 
twos  and  threes  from  circulating,  and  allowing  bills  of  foreign  banks  to  be 
circulated  here.  If  that  is  the  object,  keep  it  in;  but  if  it  is  desirable  to 
give  circulation  to  Kansas  banks,  then  we  ought  to  strike  out  this  section. 
It  is  a  tax  upon  our  own  banks — if  gentlemen  are  in  favor  of  it,  let  us  vote 
for  it,  but  if  opposed  to  such  an  imposition,  they  should  vote  to  strike  it 
out. 

Mr.  Griffith.  Mr.  President,  I  have  no  fear  that  it  will  be  as  repre- 
sented by  the  gentleman  from  Douglas  (Mr.  Thacher).  In  the  State  of 
Missouri,  as  far  as  my  knowledge  extends,  I  have  never  had  a  one  or  two 
dollar  bill  offered  me;  nor  in  Kansas  neither,  except  in  this  part  of  the 
country.  The  object  of  restricting  the  circulation  of  notes  of  a  less  de- 
nomination than  five  dollars  is.  that  we  will  not  drive  off  this  ffoM  and 
silver  into  the  coffers  of  the  banks.  I  believe  it  can  be  regulated  by  law, 
and  that  we  can  drive  out  foreign  one  dollar  notes  and  have  a  small  cir- 
culation of  gold  and  silver,  if  we  do  not  strike  out  this  section.  My  judg- 
ment is  that  the  effect  will  be  to  the  contrary  from  what  the  gentleman 
from  Douglas  thinks. 

Mr.  McClelland.  Mr.  President,  my  experience  in  Missouri  is  differ- 
ent from  the  gentleman's  who  last  spoke.  I  have  taken  one  and  two  dollar 
bills  in  Missouri,  and  find  them  plenty  there.  The  effect  of  keeping  this 
section  here,  will  have  the  tendency  to  drive  specie  out  of  the  State,  rather 
than  to  leave  it  here.  People  traveling  through  here  will  use  currency 
that  is  easier  carried  than  silver — will  bring  in  these  bills  and  circulate 
them — and  whenever  they  have  occasion  to  spend  their  larorer  money,  if 
there  should  be  no  bills  of  a  less  denomination  than  five  dollars,  the  tend- 
ency would  be  to  carry  away  the  small  change.  In  Ohio,  when  they  passed 
a  law  against  the  circulation  of  any  bank  bill  under  five  dollars,  they 
found  it  difficult  to  get  along  without  the  small  change,  and  they  called 
upon  the  banker  to  issue  small  bills,  in  order  to  make  their  small  circula- 
tion sufficient.  Specie  was  worth  five  per  cent.,  because  there  was  not 
enoueh  home  bills  to  answer  the  purpose  of  small  change,  and  foreign 
[*271]  bills  being  excluded,  it  raised  the  price  of  specie  even  to  *five  per 
cent.    I  am  in  favor  of  striking  out  this  section. 

Mr.  Crocker.    Is  an  amendment  in  order? 

The  President.  No  amendment  is  in  order  until  after  further  action 
shall  be  taken.. 

Mr.  Stiarwalt.  Mr.  President,  it  seems  to  me  gentlemen  talk  a  good 
deal  about  small  bills  in  Ohio  and  Pennsylvania.  I  have  been  a  little  ac- 
quainted in  those  States,  and  I  have  frequently  taken  a  ten  dollar  bill  and 
given  as  high  as  fifty  cents  to  get  silver  for  it.  I  don't  believe  any  gentle- 
man can  go  into  Missouri  and  get  a  ten  dollar  bill  changed;  and  why? 
They  have  got  plenty  of  specie,  but  there  are  no  small  bills  issued  by  the 
State.    You  offer  them  a  bill,  and  the  man  will  tell  you  plainly  they  won't 


378  Convention  Proceedings  and  Debates. 

take  that,  and  they  get  the  specie.  Let  me  tell  you,  sir,  it  is  my  opinion 
that  the  common  people  are  cheated  more  in  counterfeits  of  one,  two  and 
three  dollar  bills  than  all  the  balance,  because  it  is  expected  to  paas  them 
upon  people  who  don't  know  anything  about  the  money.  I  have  been  at 
Pittsburgh,  and  have  had  to  pay  from  one  to  five  per  cent.,  to  get  a  bill 
changed;  and  I  have  done  the  same  in  Cincinnati.  I  think  a  less  denomi- 
nation than  five  dollars  ought  not  to  be  issued.  It  has  a  tendency  to  drive 
specie  out  of  circulation. 

Mr.  Greer.  Mr.  President,  I  shall  oppose  the  recommendation  of  the 
committee,  on  the  ground  that  I  believe  this  section  to  be  a  restriction 
upon  banking;  and  it  strikes  me  the  arguments  used  against  it  are  not 
well  taken.  It  matters  little  to  the  man  who  only  gets  a  bill  once  in  a 
while — who  only  gets  small  bills.  I  believe  it  will  have  a  tendency  to  pre- 
vent a  large  circulation  of  small  bills  that  would  otherwise  be  issued  by 
irresponsible  bankers  who  will  spring  up  in  this  State.  Every  man  ac- 
quainted with  the  local  transactions  of  Kansas  Territory',  knows  that  there 
are  less  small  bills  in  circulation  here  than  anywhere  else  in  the  country. 
It  is  very  immaterial  to  a  man  who  is  making  a  living  by  day  labor, 
whether  he  has  the  bills  of  Kansas,  Indiana,  Ohio,  or  Pennsylvania,  so  they 
are  good;  and  he  is  as  likely  to  know  whether  the  bills  are  good  of  the 
Indiana,  Ohio,  or  Pennsylvania  banks,  as  he  is  of  those  in  this  State;  and 
they  will  be  just  as  likely  to  be  good.  It  can't  be  pretended  that  we  are 
going  to  make  a  safer  system  of  banking  than  other  States.  The  only 
argument  in  favor  of  striking  out,  would  be  in  favor  of  the  banker,  and 
not  in  favor  of  the  mass  of  the  people.  I  go  for  the  section  because  I  am 
in  favor  of  restriction. 

Mr.  Burnett.  Mr.  President,  I  hope  the  section  will  be  stricken  out. 
In  Missouri,  they  have  had  this  restriction,  but  it  has  never  prevented  the 
circulation  of  small  bills.  You  can  find  plenty  of  them  all  over  the  State, 
and  they  are  all  the  bills  from  foreign  States,  of  course.  By  this  restric- 
tion you  give  the  preference  to  foreign  bills  over  those  of  our  own  banks. 
It  is  a  restriction  against  our  own  banks,  and  in  favor  of  foreign  banks. 
I  hope  the  recommendation  of  the  committee  will  prevail. 

The  question  being  upon  the  recommendation  of  the  committee  to  strike 
out  section  7 — 

The  yeas  and  nays  were  demanded,  and  being  taken,  resulted — yeas  22, 
nays  27 — as  follows: 

Yeas — Messrs.  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood,  Crocker, 
Foster,  Graham,  Hutchinson,  Hoffman,  Lillie.  Lamb,  McClelland,  Preston, 
Porter,  Ross,  Signor,  Stokes,  Simpson,  Thacher,  Townsend,  Williams — 22. 

Nays — Messrs.  Arthur,  Brown,  Barton,  Button,  Forman,  Greer,  Grif- 
fith, Hippie,  Hubbard,  Hanway,  Houston,  Ingalls,  Kingman,  Middleton, 
Moore,  McDowell,  McCune,  McCullough,  Palmer,  Parks,  Ritchie,  Slough, 
Stinson,  Stiarwalt,  J.  Wright,  Wrigley,  T.  S.  Wright— 27. 

So  the  recommendation  was  rejected. 

Mr.  Slough.    I  move  the  adoption  of  the  original  section. 

The  President.    The  committee's  amendments  to  the  section  are  not 
all  stated — strike  out  the  word  "bills"  and  insert  "circulating  not^s." 
[*272]      *The  amendment  was  agreed  to. 

Mr.  J.  Blood.  Mr.  President,  if  in  order,  I  move  to  reconsider  the  vote 
by  which  the  section  was  adopted. 

Mr.  Six)UGH.    I  would  inquire  what  is  the  proposed  amendment? 


Thursday,  July  21,  1859.  379 

Mr.  J.  Blood.  Did  I  understand  the  recommendation  of  the  committee 
was  adopted? 

The  President.  The  recommendation  to  strike  out  was  rejected;  the 
amendment  to  change  the  word  "bills"  to  "circulating  notes"  was  adopted. 

Mr.  J.  Blood.  1  move  to  reconsider  the  vote  by  which  the  section  was 
adopted,  for  the  purpose  of  inserting  "fifty"  in  the  place  of  "five"  dollars. 
If  it  is  good  policy  to  exclude  bills  of  a  less  denomination  than  five  dollars,  I 
think  it  is  good  pohcy  to  e.xclude  bills  less  than  fifty.  If  gentlemen  wish  to 
have  the  small  notes  of  foreign  banks  circulated  here,  I  think  we  should 
have  exclusively  the  issues  of  foreign  banks.  If  small  bills  of  our  banks 
were  put  in  circulation — 

The  President.  The  question  is  not  debatable  until  the  motion  is  fairly 
before  the  Convention. 

Mr.  Slough.    I  move  to  lay  it  on  the  table. 

The  yeas  and  nays  were  demanded  on  this  motion. 

Mr.  BuRRis.  Mr.  President,  I  would  enquire  whether,  if  we  reconsider 
the  vote  by  which  this  section  was  adopted,  that  would  open  the  question 
again,  and  an  amendment  to  strike  out  would  be  in  order? 

The  President.  It  would  not  be  open  for  a  motion  to  strike  out,  for 
the  reason  that  that  would  be  a  question  which  the  House  has  decided  in 
the  negative. 

The  yeas  and  nays  were  ordered,  and  being  taken,  resulted — yeas  29, 
nays  19 — as  follows: 

Yeas — Messrs.  Arthur,  Blunt,  Brown,  Barton,  Button,  Graham,  Greer, 
Griffith,  Hippie,  Hubbard,  Hanway,  Ingalls,  Kingman,  Lillie,  Middleton, 
Moore,  McDowell,  McCune,  McCullough,  Palmer.  Parks,  Porter,  Ritchie, 
Slough,  Stinson,  Stiarwalt,  J.  Wright,  Wrigley,  T.  S.  Wright— 29. 

Nays — Messrs.  Burnett,  Burris,  J.  Blood,  N.  C.  Blood,  Crocker,  Fos- 
ter, Hutchinson,  Hoffman,  Houston,  Lamb,  McClelland,  Preston,  Ross, 
Signor,  Stokes,  Simpson,  Thacher,  Townsend,  Williams — 19. 

So  the  motion  to  reconsider  was  laid  on  the  table. 

Mr.  Hutchinson.  I  rise  to  enquire  if  a  motion  to  amend  will  be  in 
order. 

The  President.    A  motion  to  amend  will  not  be  in  order. 

Mr.  Thacher.  Mr.  President,  the  matter  has  come  right  where  the 
select  committee  expected  it  would,  and  we  shall  have  to  fight  the  whole 
thing  over  again  unless  their  report  is  adopted.  I  ask  the  liberty  of  mak- 
ing a  report  from  the  committee  on  phraseology  and  arrangement,  that  will 
cover  this  thing.    It  is  as  follows: 

"The  select  committee,  to  which  was  referred  the  matter  of  the  action 
to  be  taken  by  the  Convention  with  the  reports  of  the  committee  on 
phraseology  and  arrangement,  respectfully  report: 

"That  the  Convention  adopt  the  reports  without  amendment,  unless  the 
amendments  come  recommended  by  the  committee  on  phraseology  and  ar- 
rangement." 

Mr.  Hutchinson.  Mr.  President,  this  reaches  the  point  we  had  at  issue, 
precisely.  My  opinion  is  that  the  bills  which  have  passed  through  the 
hands  of  this  Convention  and  gone  to  the  committee  on  phraseology,  with 
the  understanding  they  are  to  be  returned  again,  when  they  are  returned, 
will  appear  here  as  on  their  second  reading.  Now,  the  question  arises,  how 
is  any  proceeding  necessary  before  the  offering  of — 


380  Convention  Proceedings  and  Debates. 

The  President.  The  gentleman  is  not  in  order,  unless  he  discusses  the 
report  of  the  committee.  The  question  is  not  upon  the  ruling  of  the  Chair. 

Mr.  Hutchinson.  I  will  simply  state  that  I  believe  it  is  the  privilege  of 
all  deliberative  bodies  to  be  allowed  at  least  three  readings  of  any  subject 
matter  they  pass  upon. 

[*273]  Mr.  Slough.  Mr.  President,  as  a  member  *of  the  committee  to 
which  this  matter  was  referred,  it  is  proper  I  should  make  some  explana- 
tion of  the  system  I  preferred,  and  I  propose  to  shape  it  in  the  form  of  an 
amendment  to  the  report.  I  think  it  well  to  adopt  some  such  rule  with 
reference  to  sections  that  have  been  passed  upon  by  the  Convention.  There 
may  necessarily  arise  matters  that  have  been  omitted,  and  matters  of  such 
great  importance  that  it  will  become  necessary  to  suspend  this  rule  if  we 
now  adopt  it.  I  would  make  this  exception  to  the  rule,  that  its  application 
shall  be  to  all  sections  that  have  been  passed  upon  by  the  Convention,  but 
that  new  sections  may  be  proposed.  I  move  this  amendment  to  that 
report : 

"Except  new  sections  or  sections  not  passed  by  the  Convention  and 
referred  to  the  committee  on  phraseology  and  arrangement." 

Mr.  Thacher.  Mr.  President,  the  object  of  the  report  is  to  expedite 
our  business;  and  as  we  would  have  to  fight  a  new  battle  over  again  upon 
every  question  that  is  mooted  here,  it  strikes  me  as  the  height  of  wisdom  to 
adopt  the  report.  I  understood  the  gentleman  from  Leavenworth  (Mr. 
Slough)  to  agree  to  it,  and  to  aeree  that  it  should  be  presented  to  the  Con- 
vention whenever  an  exigency  should  arise. 

Mr.  Blunt.  Mr.  Pres'dent,  if  that  report  is  adopted  would  we  be  able 
TO  introduce  new  sections? 

The  President.  The  understanding  of  ihe  Chair  would  be  that  it  would 
not  entirely  exclude  new  sections. 

Mr.  Griffith.  It  seems  to  me  if  a  new  section  of  importance  was 
brought  up,  the  Convention  would  suspend  the  rule,  and  if  it  was  not  of 
importance  they  would  not. 

Mr.  Thacher.    I  am  opposed  to  the  amendment. 

Mr.  Slough.  The  Convention  has  this  day  overruled  a  recommendation 
of  the  committee  on  Phmseolosy  and  Arransement.  In  the  first  report, 
they  made  a  recommendation  that  was  overruled.  If  we  are  confined  to  the 
passage  through  that  committee  of  all  matter,  the  Convention  are  [is]  cut 
out  from  action  by  the  action  of  the  committee. 

The  President.  The  Chair  understands  that  by  a  reconsideration  of  a 
section  the  Convention  can  take  it  up. 

Mr.  Slough.  Then  the  ruling  of  the  Chair  sustains  the  ground  I 
occupy. 

The  President.  The  object  of  the  Chair  was  to  make  his  ruling  a  law 
of  the  Convention. 

Mr.  Slough.  The  point  is  that  if  any  new  matter  of  importance  may 
suggest  it.self  to  the  minds  of  members,  it  may  be  considered  in  Conven- 
tion after  the  report  of  the  Committee  on  Phraseoloiy.  If  we  adopt  this 
report,  we  are  cut  out  from  this.  If  we  cannot  go  behind  the  report,  we 
may  not  be  able  to  perfect  this  instrument  as  desired;  therefore  I  move 
the  adoption  of  my  amendment.  It  seems  to  me  this  is  necessary  for  our 
protection;  and  unless  we  do  it  we  may  place  ourselves  in  an  attitude 
where  we  cannot  finish  without  the  violation  of  every  rule  we  have  adopted. 

Mr.  McDowell.    Mr.  President,  I  shall  oppose  this  report  and  also  the 


Thursday,  July  21,  1859.  381 

amendment.  I  think  that  according  to  the  rules  which  we  have  adopted, 
this  Convention  has  the  manifest  and  obvious  right  of  having  an  Article 
read  three  times;  and  the  Convention  has  the  right  to  pass  three  times 
upon  any  distinct  Article.  That  was  the  impression  of  a  number  of  us 
when  a  great  many  of  the  reports  of  the  committee  were  taken  up,  passed 
upon  in  committee,  and  then  in  Convention,  and  referred  to  the  committee 
on  Phraseology.  These  things  were  hurried  through,  and  a  great  many 
gentlemen  desired  to  have  reconsidered  by  the  Convention  a  good  many 
sections  that  have  already  been  adopted.  I  claim  that  as  their  right.  I 
shall  claim  it,  and  don't  propose  to  compromise  by  voting  for  this  report. 
If  the  report  is  adopted,  it  will  take  a  two-thirds  vote  to  suspend  the 
rule.  The  gentleman  from  Douglas  (Mr.  Thacher)  declares  that  he  will 
[*274]  have  to  go  over  all  again.  *That  is  no  objection.  We  ought  to  be  a 
deliberative  body,  and  we  cannot  be  too  careful  to  perfect  the  provision? 
of  the  Constitution.  A  great  many  of  them  are  passed  without  discussion, 
and  if  we  are  to  be  prevented  from  examining  anew  any  Article  to  go  in 
the  Constitution,  I  think  it  is  a  very  successful  application  of  an  unheard 
of  "gag"  in  this  body. 

Mr.  BuRRis.  Mr.  President,  gentlemen  have  expressed  an  anxiety  to 
get  through  with  their  labors  as  soon  as  possible.  It  does  strike  me  that 
unless  we  adopt  some  such  suggestion  as  the  one  proposed,  we  are  not 
likely  to  get  done  for  some  time.  Unless  the  report  of  the  committee  is 
adopted  we  may  hurry  as  rapidly  as  we  can,  and  it  will  take  us  some  time 
into  the  fourth  week.  I  am  not  in  favor  of  too  great  haste  any  more  than 
the  gentleman  from  Leavenworth  (Mr.  ]\IcDowell)  but  it  does  seem  to 
me  that  there  can  be  no  new  case  arise,  but  what,  if  it  is  of  sufficient  im- 
portance, it  can  be  reached.  If  it  is  some  change  in  a  section  already 
adopted,  it  can  be  reached  by  a  reconsideration,  and  if  it  is  entitled  to  con- 
sideration, that  fact  will  be  made  apparent.  If  a  new  section  should  be 
proposed — as  I  understand  the  report  of  the  committee  it  would  not  pre- 
clude gentlem.en  from  introducing  new  sections,  and  it  would  be  competent 
for  the  Convention  to  take  such  action  as  they  might  think  proper.  For 
the  purpose  of  expedition  I  shall  favor  the  report  of  the  committee  and 
hope  it  will  be  adopted. 

Mr.  Th.'^cher.  Mr.  President,  the  remarks  made  by  the  gentleman 
from  Leavenworth  (Mr.  McDowell)  must  have  convinced  every  gentle- 
man here  that  if  we  get  through  at  all,  in  any  reasonable  length  of  time, 
we  must  adopt  some  such  provision  as  this.  He  talks  as  though  we  have 
went  [gone]  on  at  railroad  speed;  and  we  had  just  as  well  consider  our- 
selves booked  for  three  or  four  weeks  longer,  unless  we  adopt  some  such 
provision  as  this. 

Mr.  Stinson.  I  would  suggest  that  it  be  so  amended  as  that  this 
Convention  do  now  adjourn,  and  leave  the  Constitution  in  the  hands  of  the 
committee  on  Phraseology  and  Arrangement. 

Mr.  BuRRis.    I  move  that  the  amendment  be  laid  on  the  table. 

The  Prksident.  The  Chairman  desires  to  state  that  gentlemen  seem 
to  labor  under  a  great  misapprehension  in  regard  to  the  rules  of  the  Con- 
vention. By  reference  to  the  printed  rules  they  will  discover,  that  the 
Convention  adopted  such  rules  of  the  last  Legislative  Assembly  of  the 
Territory  of  Kansas  as  were  applicable  to  the  business  of  this  Convention. 
In  adopting  these  rules,  the  provisions  relating  to  the  different  reading 
of  bills  were  stricken  out,  and  so  no  provision  is  made  for  the  second  or 
third  reading.  No  precedent  has  ever  been  so  given  for  this.  In  this 
Convention,  it  will  be  remembered  that  papers  of  different  kinds  have  been 


382  Convention  Proceedings  and  Debates. 

introduced  and  acted  upon  immediately,  and  referred  according  to  the 
pleasure  of  the  Convention.  No  precedents  of  readings,  such  as  prevail 
in  a  legislative  body,  has  ever  been  followed  even  for  an  hour.  But  the 
Chair  sees  no  difficulty.  The  Convention  have  adopted  certain  articles, 
section  by  section.  These  have  been  referred  for  the  purposes  of  revision, 
with  the  distinct  understanding  that  not  only  any  re\ision  that  did  not 
affect  the  sense  might  be  reported,  but  that  the  committee  would  have  the 
privilege  of  making  any  other  recommendations  they  might  see  fit,  to  be 
acted  upon  by  the  Convention.  The  power  is  not  given  to  that  committee 
to  make  any  changes,  but  they  can  recommend  changes  to  the  Convention, 
and  the  Convention  can  reject  or  adopt.  If  the  committee  on  Phraseology 
neglect  to  make  a  report,  surely  the  Convention  can  reconsider  and 
amend,  strike  out,  or  adopt  as  they  see  proper.  When  gentlemen  speak 
of  a  "gag"  under  these  circumstances,  it  seems  as  though  they  have  not 
taken  sufficient  pains  to  inform  themselves  of  the  facts. 

Mr.  McDowell.  Notwithstanding  the  explanation  of  the  Chair,  I 
do  not  take  back  what  I  said,  but  simply  reiterate  the  same. 

[*275]  *The  President.  The  report  would  not  preclude  the  introduc- 
tion of  new  matter. 

Mr.  Slough.    I  withdraw  my  amendment. 
The  report  of  the  special  committee  was  then  adopted. 
The  3'eas  and  nays  were  demanded  on  the  adoption  of  the  seventh  sec- 
tion, and  being  ordered  and  taken  resulted — yeas  25,  nays  23 — as  follows: 

Yeas — Messrs.  Arthur,  Barton,  Dutton,  Forman,  Greer,  Griffith,  Hippie, 
Hubbard,  Hanway,  Houston,  Kingman,  Lamb,  Middleton,  Moore,  Mc- 
Dowell, McCune,  IVIcCulloudi,  Parks,  Ritchie,  Slough,  Stinson,  Stiarwalt, 
J.  Wright,  Wrigley  and  T.  S.'  Wright— 25. 

Nays — Messrs.  Burnett,  Blunt,  Brown,  Burris,  N.  C.  Blood,  Crocker, 
Foster,  Graham,  Hutchinson,  Hoffman,  Ingalls,  Lillie,  McClelland,  Pres- 
ton, Palmer,  Porter,  Ross,  Signor,  Stokes,  Simpson,  Thacher,  Townsend 
and  Williams — 23. 

So  section  7  was  adopted. 

The  committee's  substitute  for  section  S  was  read. 

Mr.  Slough.  ]\Tr.  President,  I  move  to  reject  the  amendment  of  the 
committee.  The  difference  between  the  propo.sed  amendment  and  the 
original  section  as  adopted  is,  that  the  amendment  provides  for  an  expres- 
sion of  the  majority  of  the  people  voting  on  the  subject  at  some  general 
election,  whereas  the  original  section  requires  a  majority  of  all  the  votes 
polled  at  such  election.  I  think  we  cannot  throw  too  many  safefniards 
around  a  matter  of  as  much  importance,  and  it  seems  to  me  a  majority  of 
votes  should  be  requisite. 

The  yeas  and  nays  were  demanded. 

Mr.  Griffith.  I  think  it  is  right  to  submit  every  question  to  a  decision 
of  a  majority  of  men  who  may  vote  and  not  to  a  majority  of  those  who 
may  reside  in  the  district  or  State. 

The  yeas  and  nays  were  ordered,  and  being  taken,  resulted — yeas  25; 
nays  24— as  follows: 

Yeas — Messrs.  Arthur,  Brown,  Barton,  J.  Blood",  N.  C.  B'ood,  Forman, 
Greer,  Hippie,  Hubbard,  Hutchinson,  Kingman,  Lamb,  McDowell,  Moore, 
McCune,  McCullousrh,  Pa'mer.  Parks,  Ritchie,  Slough,  Stinson,  Stiar- 
walt, J.  Wright,  Wrigley,  T.  S.  Wright— 25. 


Thursday,  July  21,  1859.  383 

Nays — Messrs.  Burnett,  Blunt,  Burris,  Crocker,  Button,  Foster,  Gra- 
ham, Griffith,  Hanway,  Hoffman,  Houston,  Ingalls,  Lillie,  Midd'.eton,  Mc- 
Clelland, Preston,  Porter,  Ross,  Signor,  Stokes,  Simpson,  Thacher,  Town- 
send  and  Williams — 24. 

So  the  recommendation  of  the  committee  was  rejected. 

The  committee  amendments  to  section  8  were  then  adopted. 

The  committee  amendment  to  section  9  was  also  adopted. 

Mr.  McDowell.  I  have  an  additional  section  which  I  desire  to  offer, 
and  call  for  the  yeas  and  naj-s  upon  it. 

"Sec.  10.  The  Legislature  shall  prohibit  the  circulation  within  this 
State  of  foreign  bank  bills." 

Mr.  Griffith.  I  move  to  amend  by  adding  "of  a  less  denomination 
than  five  dollars." 

The  Presidext.  The  Chair  believes  that  the  amendment  will  not  be 
in  order,  having  been  substantially  voted  down  previously. 

Mr.  Thacher  moved  to  lay  it  on  the  table. 

The  motion  was  agreed  to  on  division — affirmative  26,  negative  13. 

The  President.  The  Chair  desires  to  state,  as  there  seems  to  be  some 
misapprehension  with  regard  to  this  order,  that  these  different  sections  of 
articles,  as  they  were  considered  by  the  Convention,  were  adopted  one  by 
one  and  the  Article  as  a  whole  was  not  adopted,  but  sent  to  the  commit- 
tee on  Phraseology.  It  is  now  returned  and  none  of  these  sections  which 
have  been  adopted  can  be  changed  without  a  reconsideration  of  the  vote 
by  which  they  were  adopted.  But  additional  sections  may  be  added,  for 
the  reason  that  the  Article  as  a  whole  was  not  adopted.  The  question  is 
now  on  the  adoption  of  the  Article  as  a  whole. 

Mr.  Wrigley.  If  a  motion  to  adopt  the  Article  as  a  whole  would  be  in 
order,  by  what  rule  would  not  an  amendment  be  in  order? 

The  President.  Because  the  separate  sections  have  been  adopted  as 
[*276]  sections  separately,  *but  the  Article  as  a  whole  has  not  been 
adopted  yet. 

The  Article  on  banks  and  currency  was  then  adopted  as  amended,  and 
under  the  rule  referred  to  the  committee  on  Arrangement  for  enroll- 
ment, &c. 

MRS.    NICHOLS. 

Mr.  Blunt.  Mr.  President,  with  the  consent  of  the  Convention  I  'wish 
to  present  a  petition  that  has  been  handed  to  me  by  some  citizens  of 
Wyandotte,  with  a  resolution. 

Resolved,  That  the  use  of  this  Hall  be  tendered  to  Mrs.  Nichols  for  to- 
morrow evening. 

The  resolution  was  adopted. 

Mr.  Stinson.    Mr.  President,  I  move  that  we  adjourn. 

The  motion  was  agreed  to. 

The  Convention  accordingly  adjourned  till  to-morrow  morning  at  8 
o'clock. 


.384  CoxvEXTioN  Proceedings  and  Debates. 

Friday,  JiUy  22,  1859. 
The  Convention  met  at  9  o'clock,  a.  m. 

Prayer  by  the  chaplain. 

The  roll  was  called,  and  the  Secretary  reported  Messrs.  May,  McClel- 
land and  Perry  not  answering  to  their  names. 

The  journal  of  yesterday  was  read  and  approved. 

THE    NORTHERN    BOUNDARY. 

Mr.  McDowell.    Mr.  President,  I  offer  the  following  resolution: 

"Resolved,  That  Congress  be  memorialized  to  inckide  w"ithin  the  limits 
of  the  State  of  Kansas,  that  part  of  Southern  Nebraska  lying  between  the 
northern  boundary  of  the  Territory  of  Kansas  and  the  Platte  River." 

I  will  make  a  single  remark,  Mr.  President,  in  favor  of  that  proposition. 
By  the  action  taken  the  other  day,  fixing  the  northern  boundary  of  Kan- 
sas upon  the  line  fixed  by  the  organic  act,  and  by  moving  a  reconsideration 
of  that  action  and  lading  it  upon  the  table,  the  Convention  has  clearly  in- 
dicated that  they  do  not  propose  to  make  as  an  integral  part  of  the  Con- 
stitution that  country  between  our  northern  boundary  and  the  Platte 
River.  This  is  a  matter  of  great  importance,  it  seems  to  me,  to  the  future 
State  of  Kansas,  and  as  we  are  foreclosed  upon  the  question  of  making  it 
an  integral  part  of  the  Convention,  I  suggest  that  the  Convention  ought 
to  memorialize  Congress  upon  the  subject.  If  the  resolution  I  have  offered 
meets  with  the  sanction  of  the  Convention,  I  shall  then  offer  another 
resolution  requiring  a  committee  to  be  appointed  who  shall  draw  up  the 
memorial,  instructing  them  to  report  the  facts  connected  with  this  matter. 
It  seems  to  me  there  would  be  no  objection  to  accepting  this  proposition. 
The  whole  matter  is  within  the  discretion  and  power  of  Congress,  and  it 
gives,  it  seems  to  me,  but  an  expression  of  the  will  of  the  people  of  Kansas 
upon  this  question.  I  hope,  therefore,  the  Convention  will  allow  the  reso- 
lution to  pass,  and  allow  a  committee  to  be  appointed  under  it  to  draw 
up  such  a  memorial. 

Mr.  Stinson.  Mr.  President,  I  have  but  a  few  remarks  to  make  to 
this  Convention  in  relation  to  this  important  matter,  and  that  is  that 
when  this  Convention  shall  take  action,  (if  it  does)  against  this  resolution. 
I  desire  that  they  shall  send  out  to  the  world,  in  its  reported  debates,  some 
reason  for  that  action — I  mean  some  reason  becoming  the  dignity  and 
importance  of  the  subject  and  of  this  Convention.  I  do  not — however 
much  I  rright  desire  it — view  it  as  simply  a  question  of  political  capital. 
I  do  not  desire  it  to  go  forth  from  this  hall,  that  a  Convention  assembled 
for  the  duty  which  has  been  assizned  to  us,  shall  simply  say  to  the  people, 
that,  because  Southern  Nebraska  will  make  the  next  Legislature  demo- 
cratic, we  will  refuse  this  rich  and  precious  boon.  I  ask  gentlemen — now 
when  this  subject  is  again  under  consideration — to  give  us  some  material 
argument,  which  shall  rise  above,  at  least,  the  petty  broils  of  party  (if 
they  have  any)  why  this  proposition  should  not  succeed.  We  have  been 
[*277]  told  here  *upon  this  floor,  by  a  gentleman  whose  eloquence  I 
admire  and  whose  honesty  I  respect  (Mr.  Thacher)  that  he  had  no  other 
argument  to  use — that  he  desired  no  other  reason — than  that  it  would 
make  Kansas  democratic.  Now,  in  the  first  place,  I  deny  that  there  are 
any  data  which  justifies  that  assumption.  And  in"  relation  to  the  debate 
which  has  heretofore  occurred  upon  this  question,  I  will  say  that  I  take 
exception  to  the  line  of  argument  which  the  gentleman  from  Southern 
Nebraska   has  userl.     Speaking  by   the   ronrte.sy   of  this  Convention,  he 


Friday,  July  22,  1859.  385 

seemed  to  urge,  that  because  this  section  of  country  was  Republican, 
therefore  he  would  have  the  Republican  members  on  this  fioor  vote  for 
its  admission.  I  say  it  is  an  unfair  and  unmanly  appeal,  and  one  which 
should  not  be  listened  to  with  deference  by  this  Convention.  I  would  not 
dare  to  stand  up  and  say  to  my  friends  on  this  floor:  "I  ask  you  to  vote 
for  this  measure  because  it  is  a  partisan  measure."  I  consider  it  unworthy 
the  position  I  occupy,  and  insulting  to  the  dignity  of  this  Convention. 
Now  the  simple  proposition  is,  shall  we  extend  our  northern  boundary? 
The  only  consideration  which  should  weigh  for  a  moment  is  this:  Will  it 
benefit  materially  the  interests  of  the  State  of  Kansas?  If  it  will,  I  tell 
you  you  have  no  other  alternative  than  to  vote  for  it.  When  you  stand 
up  here  and  admit,  that  it  would  enhance  the  greatness  of  our  future 
State,  and  fall  back  simply  upon  the  proposition,  that  it  will  not  subserve 
the  interests  of  the  Republican  party,  you  are  placing  yourselves  in  an 
unenviable  position.  When  you  introduce  other  arguments,  intended  to 
convince  us  that  it  is  impolitic  upon  other  grounds,  I  will  listen  to  them 
calmly;  and  I  ask  gentlemen  now  to  give  such  reasons  to  the  people,  if 
they  have  them. 

Mr.  Thacher.  Mr.  President,  I  am  not  feeling  very  well  this  morn- 
ing, and  yet  1  cannot  suffer  this  question  to  pass  without  correcting  a  very 
serious  mistake  which  my  worthy  friend  (Mr.  Stinson)  has  fallen  into 
with  respect  to  my  argument  against  this  annexation  scheme  being  based 
solely  upon  its  political  character.  He  errs  very  greatly — very  widely  and 
very  seriously — when  he  thinks  that  is  the  only  reason  why  I  object  to 
this  acquisition.  It  is  a  reason,  but  not  the  only  reason,  and  I  stated  in 
what  I  had  to  say,  that  I  should  only  urge  that  consideration,  leaving 
members  from  different  sections  of  the  Territory  to  urge  those  local 
reasons  which  would  imperiously  compel  us  to  let  this  question  go  by  at 
present.  When  my  friend  says  we  have  urged  no  argument  against  it, 
I  turn  the  tables  upon  him,  and  ask.  What  reasonable  suggestion  have  you 
urged  for  it?  You  talk  about  the  glory  of  extent  of  domain,  and  all  that 
kind  of  thing;  but  remember,  the  present  boundaries  of  Kansas  make  it 
larger  than  the  State  of  Illinois.  Our  area  is  sufficient  for  all  the  wants 
of  the  people,  and  the  moment  you  extend  our  boundaries  over  an  un- 
settled country,  you  only  add  to  the  burdens  of  government.  You  would 
add  nearly  one-half,  by  adding  Southern  Nebraska,  to  the  expenses  of  the 
State  government.  It  was  the  testimony  of  the  gentleman  from  Southern 
Nebraska  (Mr.  Reeves)  that,  back  from  the  river  counties,  they  had 
no  population  whatever — that  their  population  was  to  be  found  only  in  the 
river  counties — and  thus  the  effect  of  adding  this  portion  of  Nebraska 
would  be  to  swell  the  power  of  your  river  counties.  It  must  be  under- 
stood, that  when  we  memorialize  Congress  to  admit  us  with  Southern 
Nebraska  included,  it  is  the  same  proposition  as  though  you  defined  the 
boundaries  there  in  the  first  place.  When  we  vote  for  this  resolution  we 
vote  to  make  our  northern  boundary  the  Platte  river.  I  turn  now  to 
urge  some  considerations  which  have  grown  out  of  circumstances  not  at  all 
poUtical.  In  Kansas  we  demand  for  our  welfare  a  system  of  railroads. 
You  annex  Southern  Nebraska  to  Kansas,  and  you  have  one  railroad  grant 
[*278]  up  the  Kaw  Valley  and  one  in  Southern  Nebras*ka.  If  you 
annex  Southern  Nebraska  you  jeopardize  the  entire  railroad  interest  of 
Kansas.  With  our  northern  boundary  as  it  is,  we  shall  have  a  magnificent 
railroad  grant  for  some  road  in  the  north  part  of  the  State,  but  if  you 
extend  the  boundary  north  you  place  an  insuperable  barrier  to  a  railroad 
grant  between  the  Kaw  river  and  the  Platte  Valley.    Are  gentlemen  will- 

25 — 778 


386  Convention  Proceedings  and  Debates. 

ing  to  put  such  a  barrier  upon  their  dearest  interests?  Perhaps  they  are 
— and  perhaps  they  are  not.  But  there  is  another  ihm%  connected  with 
this.  It  has  ah'eady  been  shadowed  forth,  that  the  southern  boundary  of 
Kansas  ought  to  be  the  Kaw  river — that  it  is  an  unnatural  thing  for  us 
to  cross  the  river.  And  I  believe,  if  the  Democratic  party  had  acted 
honestly,  that  would  have  been  foisted  into  the  proposition;  because  the 
Territory  was  laid  out  for  the  purpose  of  making  it  a  Slave  State — and, 
now  defeated  in  this  terrible  attempt,  they  would  seek  to  take  from  free- 
dom half  the  heritage  which  she  won  here,  to  fasten  it  upon  the  Indian 
Territory.  Three-fifths  of  our  population,  nearly  three-fourths,  live  south 
of  the  Kansas  river,  and  any  proposition  which  looks  to  this,  would 
naturally  excite  alarm.  Gentlemen  need  not  appeal  to  this  side  of  the 
House  to  forego  political  considerations.  Shall  we  bow  down  our  necks 
once  more  to  the  heel  of  oppression?  Don't  ask  us  to  forget  the  past,  if 
we  can!  If  you  adopt  this  memorial,  you  define  our  boundaries  the  same 
as  though  you  had  put  it  in  the  Article.  The  proposition  is  identical 
with  the  Constitution;  and  I  tell  you,  the  moment  you  adopt  the  Me- 
morial, you  won't  get  five  hundred  voters  for  it  south  of  the  Kansas 
river,  and  a  majority  will  go  against  it  north.  Do  gentlemen  wish  such 
a  result?  and  is  it  true,  that  the  party  in  the  minority  here  are  trying  to 
throw  around  the  Constitution  such  features  that  the  people  are  to  reject 
it?  Is  there  any  force  in  the  Democratic  papers  saying  that  the  Conven- 
tion ought  not  to  have  assembled  here — that  it  would  tax  us  too  much? 
If  these  remarks  of  gentlemen  shadow  forth  anything,  they  indicate,  that 
it  is  the  design  of  the  Democratic  party  to  cause  the  Constitution  to  be 
rejected  by  the  people.  It  is  utterly  impossible,  and  no  consideration  could 
or  ought  to  be  urged  successfully  for  this  Constitution  to  be  ratified  by 
the  people,  when  you  include  Southern  Nebraska  in  any  shape.  There  is 
no  need  of  haste  in  this  matter.  If  your  argument  is  worth  a  straw,  that 
Southern  Nebraska  naturally  gravitates  towards  Kansas,  it  will  come  in 
here  when  it  is  right  and  proper  that  it  should  come,  and  not  before;  and 
your  haste  only  evidences  a  desire  to  retard  this  Constitution  before  the 
people.  If  it  is  your  desire  to  see  this  Constitution  voted  down,  then 
adopt  tliis  Memorial;  for  it  is  only  to  say  here,  that  your  northern  boun- 
dary shall  be  the  Platte  river;  and  you  will  be  voted  down  by  an  over- 
whelming majority.  I  have  yet  to  hear  a  single  well-grounded  argument 
from  that  side  of  the  House  in  favor  of  the  annexation  scheme.  You 
annex  a  broad  region  of  country  almost  untouched  by  man,  and  you  give 
us  three  river  counties  which  embrace  its  entire  population.  This  is  a 
broad  territory  over  which  we  have  got  to  legislate,  and  for  which  adminis- 
tration the  people  included  within  our  present  iDoundaries  will  have  to 
pay.  For  these  reasons,  aside  from  the  political  considerations  involved — 
and  I  believe  it  is  only  political  considerations  which  impel  gentlemen  to 
advocate  this  measure — do  I  oppose  annexation.  Gentlemen  may  think 
they  arc  honest,  but  human  nature  is  weak  and  apt  to  be  blinded;  and 
such  is  human  nature,  that  these  gentlemen  are  impelled  by  the  political 
considerations  involved  in  this  question.  If  you  are  impelled  by  pohtical 
considerations  why  do  you  hurl  it  back,  that  Republicans  are  on  the  same 
ground,  and  only  you  have  the  argument?  You  can  adduce  no  reason 
why  we  should  annex  Southern  Nebraska. 

Mr.  Houston.  Mr.  President,  quite  unexpected  is  this  discussion  to 
[*279]  me.  I  don't  know  but  I  ought  to  claim  indulgence  for  *again 
speaking,  but  I  should  be  recreant  to  duty  if  I  remained  silent — I  should 
be  recreant  to  the  interests  of  Kansas,  if  I  remained  still  and  let  such  a 


Friday,  July  22,  1859.  387 

golden  opportunity  slip  by.  If  we  let  it  slip  and  do  not  adopt  this  reso- 
lution, which  don't  amount  to  anything  more  than  simply  a  memorial,  it 
will  be  the  first  instance  on  record,  in  any  State  in  this  Union,  or  in  the 
world,  that  I  know  anything  about,  where  the  people  have  been  foo'ish 
enough  to  allow  an  opportunity  to  enlarge  their  boundaries  to  slip  by. 
The  idea  of  annexation  has  been  popular  from  the  days  of  the  Jews  down. 
Go  back  in  history,  and  you  will  find  the  idea  of  annexation  has  always 
been  popular.  Even  Texas,  with  all  its  objections — and  I  had  objections 
to  annexing  Texas,  because  I  felt  it  was  intruding  upon  Mexico — but  the 
annexation  of  Texas  was  one  of  the  most  popular  measures  of  the  day, 
after  it  was  once  fairly  into  the  Union.  Now  I  ask  Republicans  here  if 
we  are  willing,  for  mere  party  considerations— if  we  are  willing  to  give  up 
this  territory?  For,  as  a  Republican  Convention  we  have  got  to  bear  the 
burden  of  accepting  or  rejecting  this  measure.  Are  you  going  to  hand 
over  to  our  friends  on  the  other  side  of  the  House  the  only  strong  argu- 
ments that  will  bear  upon  the  people?  They  are  shrewd.  They  know  the 
idea  of  annexation  is  popular,  that  it  will  carry  before  the  people — and  it 
will  carry  down  the  party  that  opposes  it,  too.  They  are  right.  I  am  not 
a  prophet,  nor  the  son  of  a  prophet,  but  I  will  stake  my  reputation  for 
judgment  upon  this  measure,  that  the  party  that  refuses  this  will  be 
trailed  in  the  dust  before  ten  years.  We  are  told  it  will  make  this  a 
Democratic  State.  They  know  all  they  have  to  do  is  for  them  to  crowd 
it,  and  we  will  reject  it.  If  I  was  a  Democrat  I  would  do  this  thing. 
What  is  the  value  of  this  Democratic  idea — what  if  it  is  a  Democratic 
region?  I  think  gentlemen  press  this  argument  without  consideration. 
Mr.  Taylor  assured  us  that  it  was  a  Republican  portion  of  country;  he 
assured  us  that  the  majority  in  1S5S  was  RepubHcan.  The  lines  truly 
have  never  been  strictlj'^  drawn;  the  whirlpool  of  local  considerations  has 
swallowed  up  politics.  There  is  but  little  rhfi'erence,  and  that  is  on  the 
Republican  side.  I  don't  care  if  it  is  Democratic;  it  is  no  good  reason  why 
we  should  reject  it.  Are  we  driven  to  assert  that  we  must  reiect  a  val- 
uable territory  beca\ise  there  are  a  few  Democratic  voters  in  it?  If  so,  it 
is  a  lamentable  condition  for  our  party,  and  I  think  we  might  as  well  give 
up  at  first  as  at  last. 

We  are  told  it  would  give  strength  to  the  border;  the  river  counties. 
Gentlemen,  I  live  back  in  Riley,  and  I  would  be  as  jealous  of  the  interests 
of  the  interior  counties  as  any  gentleman.  But  we  want  to  give  you  all 
the  strength  and  power  we  can,  and  you  wiH  give  us  all  the  protection  we 
desire.  Let  us  do  something  to  give  strength  to  our  party.  We  have  cut 
off  one  half  of  this  Territory  and  we  shall  have  to  answer  for  that.  The 
State  of  CaUfornia  has  one  hundred  and  eighty-eight  thousand  nine  hun- 
dred and  eighty-eight  square  mi'es;  Oregon  has  one  hundred  and  seventy 
thousand.  More  than  that,  Texas  has  three  hundred  and  twenty-five 
thousand,  and  as  has  been  to'd  you,  you  can't  divide  that  State  now.  Min- 
nesota has  one  hundred  and  forty-one  thousand  square  miles;  and  I  have 
taken  the  pains  to  ascertain  that  if  we  run  our  boundary  to  the  Rocky 
Mountains,  which  we  ought  to  do.  and  run  to  the  Platte,  we  would  have 
less  territory  than  the  State  of  Minnesota.  If  you  are  going  to  throw 
away  one-half  west,  why,  do  it.  But  when  we  ask  for  some  north,  gentle- 
men say  it  will  be  too  large.  I  want  to  ask  gentlemen  if  there  is  any 
reason  why  Kansas  should  not  be  the  agricultural  centre  of  the  Union — 
with  her  glorious  soil  and  grand  natural  advantages?  Is  there  any  good 
[••■280]  reason  ^why  we  should  not  have  a  State  as  large  as  Minnesota? 
Are  you  alarmed  because  we  want  to  add  a  little  up  north,  of  a  rich  agri- 


388  Convention  Proceedings  and  Debates. 

cultural  region  ?  There  is  as  valuable  land  on  Blue  River  as  there  is  in  that 
Territory — that  beautiful,  high,  rolling  prairie  that  belongs  to  the  Blue 
River  and  the  head  waters  of  the  Nemeha.  Are  you  afraid  of  having  a 
rich  agricultural  district  up  there,  gentlemen?  There  is  more  valuable 
land  in  that  region  than  you  have  got  in  all  Kansas.  You  will  have  to  add 
that  in  order  to  get  land  enough  that  is  valuable.  It  is  only  along  your 
streams  that  you  can  pick  up  good  sections.  If  we  want  to  get  a  land 
grant  of  five  or  six  millions  of  acres,  let  us  have  some  place  where  we  can 
get  good  land  from.  We  can  take  these  valuable  lands  and  sell  them.  I 
am  not  afraid  of  half  a  dozen  counties  in  the  northeast  corner  of  the 
Territory.  Do  gentlemen  suppose  they  can  outweigh  the  whole  State? 
Certainly  not.  This  argument  of  land  grants  is  certainly  one  of  the  most 
powerful  that  could  be  presented.  We  are  told  by  the  gentleman  from 
Douglas  (Mr.  Thacher)  that  we  will  have  a  railroad  through  Kansas  and 
another  through  the  Platte,  and  that  will  end  it.  If  Congress  gives  us 
the  land,  I  want  to  know  if  we  can't  arrange  this  matter?  If  those  coun- 
ties are  not  inhabited,  is  there  any  danger  that  Kansas  will  sacrifice  all 
that  interest  upon  the  Platte?  I  suppose  some  say  they  will  have  a  rail- 
road on  the  Platte.  If  I  was  in  Nebraska  I  would  be  the  last  man  to  sur- 
render up  the  Platte,  and  I  never  would  come  into  your  State  on  that  very 
account.    It  will  not  affect  the  railroad  interest  of  Kansas  one  particle. 

I  will  hurry  through  as  fast  as  I  can.  We  are  told  it  will  defeat  the  Con- 
stitution. I  was  almost  going  to  say,  if  [we]  were  so  silly  as  to  defeat  the 
Constitution  of  the  State,  simply  because  we  anne.x  valuable  agricultural  in- 
terests— if  this  will  defeat  it  I  think  it  ought  to  be  defeated — ought  to  be 
voted  down.  But  I  am  the  last  man  to  believe  any  such  a  thing.  There 
may  be  a  few  men  in  the  State  who  wish  to  make  our  seat  of  government 
south  of  Kansas  river.  I  don't  say  there  is  any  such  project,  but  there 
might  be  some  one  who  would  oppose  the  Constitution  on  account  of  the 
seat  of  government.  I  tell  you  a  majority  of  the  people  of  the  State  of 
Kansas  will  think  a  great  deal  more  of  this  Convention  if  it  will  me- 
morialize Congress  to  enlarge  our  area.  I  think,  also,  that  we  will  need  it  in 
order  to  get  population  enough.  One  of  the  most  formidable  arguments 
that  will  be  brought  against  us  before  Congress  is,  that  we  have  not  the 
required  population.  But  we  are  told  that  this  region  is  of  no  value.  I 
tell  you  the  day  is  coming  when  you  are  going  to  put  the  government  in 
operation,  and  when  you  will  find  that  you  have  a  debt  of  at  least  two  or 
three  himdred  thousand  dollars  to  pay  within  the  succeeding  twelve 
months;  and  I  ask  if  the  people  of  Kansas  will  not  then  c}uestion  the  wis- 
dom of  the  rejection  of  what  would  give  to  us  a  large  amount  of  taxable 
property?  I  am  mistaken  if  you  don't  see  the  day  when  our  people  will 
say,  "you  have  missed  it! — you  ought  to  have  taken  that  region  in  order 
that  our  burden  of  taxation  might  have  been  lightened." 

I  believe,  sir,  there  is  another  consideration.  I  don't  think  it  is  at  all  cer- 
tain which  way  the  Pacific  Railroad  is  going;  whether  up  Smoky  Hill  Valley 
in  Kansas,  or  up  the  Republican  Valley.  It  can  go  up  to  Fort  Riley  and 
then  turn  up  the  Republican  Valley.  I  have  been  eighty  miles  beyond 
Fort  Riley  and  there  you  cannot  get  twenty  thousand  acres  of  aood  land 
lyins  together.  You  will  need  this  Republican  Valley  in  order  to  get  this 
Pacific  Railroad  out  into  the  mountains,  and  you  will  need  Southern 
Nebraska  in  order  to  get  the  right  of  way.  Now  I  think  it  will  be  easy 
for  us  to  get  this  lower  line  of  railroads  to  center  lipon  this  line,  so  that 
[*281]  we  can  have  the  great  thoroughfare  of  the  nations  running  *right 
through  Kansas.  Is  this  no  consideration?  I  do  not  know  what  river  is 
the  natural  northern  boundary  of  the  State,  and  we  shall  miss  it  if  we 


Friday,  July  22,  1859.  389 

don't  take  it  in.  This  memorial  can  go  on  the  table  or  under  the  table,  or 
be  indefinitely  postponed  in  Congress.  It  cannot  affect  our  admission.  I 
think  we  ought  to  adopt  the  resolution. 

Mr.   President   Winchell    (Mr.   Townsend   in   the   Chair).     I   had 
hoped,  sir,  that  this  question  had  been  forever  set  to  rest,  as  far  the  Con- 
vention that  framed  the  Constitution  of  Kansas  was  concerned.    We  have 
had  introduced  here  a  question  which  is  foreign;  which  never  entered  into 
the  canvas;  and  that  question  has  been  fully  and  thoroughly  discussed  by 
zealoiis  and  able  debatants.     The  sense  of  the  Convention  has  been  ex- 
pressed unfavorably  to  the  scheme,  and  still  gentlemen  insist  upon  bringing 
it  up,  to  postpone  the  time  when  we  shall  conclude  our  labors.    I  did  not 
intend  to  occupy  any  time  upon  the  question,  but  inasmuch  as  the  sub- 
ject is  pertinaciously  urged,  I  believe  it  is  due  the  constituents  I  represent  to 
give  a  few  arguments  (if  so  considered  by  the  opposite  side)  _  against  the 
plan.    This  resolution  strikes  at  the  principle  of  popular  sovereignty,  which 
the  gentleman  who  introduced  it  professes  to  advocate.     In  this  over- 
whelming expression  of  popular  sentiment  not  one  single  member  south  of 
the  Kaw  river  sympathises;  not  one  in  favor  of  this  scheme,  and  avowedly 
their  constituents  are  opposed  to  it,  without  distinction  of  party;  and  if 
the  people  north  of  the  Kansas  river  are  opposed  to  the  plan,  the  gentle- 
man brings  in  this  resolution  against  the  known  views  of  the  people  of 
Kansas.    No  opportunity  is  given  for  any  expression  by  the  people,  but  it 
is  proposed  to  be  left  entirely  to  the  control  of  Congress  to  take  such 
action  as  they  see  fit  in  the  premises.    For  this  reason  alone  I  should  oppose 
the  resolution.    Had  the  gentleman  offered  it  in  such  a  way  that  the  people 
of  Kansas  should  decide  upon  the  question,  there  would  have  been  more 
plausibility  in  the  resolution.    But  the  position  in  which  it  stands  now  be- 
fore the  Convention  betrays  simply  an  effort  to  override  the  known  will 
and  wishes  of  the  people  of  Kansas,  and  possibly  the  people  of  Nebraska 
also.    Can  it  be  doubted  that,  if  this  resolution  should  pass — that  if  this 
Convention  framing  this  Constitution  should  take  such  a  position  with 
regard  to  Southern  Nebraska,  the  people  of  the  Territory,  seeing  their 
known  wishes  set  at  defiance,  would  be  compelled  to  vote  against  the  Con- 
stitution itself?    We  should  materially  endanger  the  success  of  the  instru- 
ment by  taking  any  such  action.    There  has  been  a  great  deal  said  with  re- 
gard to  natural  boundaries.    It  is  a  well  known  fact  that  where  States  are 
made  too  large  there  is  a  continual  tendency  to  their  division.    If  the  Platte 
is  the  natural  boundary  upon  the  north  side,  it  is  equally  true  that  the 
Kansas  river  would  be  on  the  south ;  and  I  ask,  with  the  same  plausibihty 
that  has  been  manifested  on  this  question,  if  politicians  in  future  would  not 
bring  up  [in]  connection  with  this  scheme  the  question  as  to  whether  the 
other  natural  boundary  of  the  State  should  not  be  observed,  and  all  south 
of  it  erected  into  an  independent  State?    If  the  Platte  river  is  the  natural 
boundary  on  the  north,  the  Kansas  river  is  no  less  so  on  the  south.     It 
would  open  the  door  for  future  difficulties,  dissensions  and  discussions,  and 
there  is  no  knowing  what  mischievious  results  would  flow  from  this  meas- 
ure.   My  friend  from  Riley  (Mr.  Houston)  is  looking  forward  ten  years 
for  the  evil  consequences,  and  if  they  may  possibly  result  from  non-action, 
certainly  they  might  in  the  other  alternative.    I  am  not  one  who  believes  a 
State  is  prosperous  precisely  in  proportion  to  its  size.    I  recognize  it  as  no 
argument  in  favor  of  increasing  area,  merely  to  increase  area.    If  we  were 
to  expect  donations  of  lands  on  account  of  our  area,  in  order  to  diminish 
the  State  debt,  or  for  public  purposes,  then  the  argument  would  have  some 
point;  then  we  might  claim  this  so-called  this  golden  opportunity  for  the 
annexation  of  a  country'  which  would  result  in  benefit  to  us.    I  cannot  see 


390  Convention  Proceedings  and  Debates. 

[*282]  how  *the  mere  extension  of  our  boundary  lines  is  either  to  diminish 
the  expense  of  government  or  increase  the  prosperity  of  the  State.  The 
gentleman  from  Riley  has  intimated  that  there  may  be  selfish  considera- 
tions with  the  opposition.  That  gentleman  is  the  last  person  who  should 
broach  that.  As  far  as  I  have  listened  to  this  debate  upon  this  floor  those 
who  have  opposed  annexation  have  been  careful  not  to  say  what  some  have 
thou'ht,  that  the  strange  advocacy  of  this  measure  on  the  part  of  certain 
members  of  the  Convention  is  on  account  of  certain  local  considerations. 
As  the  gentleman  has  made  the  insinuation  that  the  opposition  of  southern 
members  may  be  for  the  purpose  of  securing  a  State  capital  at  some  point 
south  of  the  Kaw,  I  submit  on  the  other  hand  whether  a  strong  induce- 
ment to  the  advocacy  of  this  scheme  on  the  part  of  the  northern  members 
may  not  be  caused  by  a  desire  to  secure  the  capital  at  some  point  north 
of  the  Kansas  valley  ?  Those  who  hstened  to  a  foreshadowing  in  the  gentle- 
man's  remarks  with  regard  to  a  union  of  railroads  coming  up  from  the 
south  and  striking  the  Kaw  valley  at  some  point  above,  and  other  railroads 
coming  from  the  north  and  striking  the  same  point,  and  a  railroad  passing 
through  that  point — cannot  fail  to  see  that  there  maj?^  be  some  grounds  for 
the  supposition,  that  this  plan  contemplates  a  union  of  railroads  at  some 
point  in  the  Kaw  valley.  I  do  not  say  that  is  so;  the  gentleman  did  not 
say  positively  that  any  arguments  influenced  those  who  lived  south  of  the 
Kaw;  but  if  he  supposes  that  the  seat  of  government  may  influence  the 
action  of  southern  Kansas,  we  are  at  liberty  to  suppose  that  the  hke 
selfish  considerations -might  prevail  in  biasing  his  action  upon  this  subject. 
I  do  not  propose,  I\^r.  President,  to  enter  into  a  political  argument  upon 
this  question.  I  believe  and  I  think  the  votes  upon  this  floor  show  there  is 
a  political  design  upon  the  part  of  the  opposition  in  this  movement.  Still 
I  do  not  propose  to  argue  the  political  question;  not  that  I  do  not  think  we 
have  a  right  to  take  it  into  consideration.  I  believe  in  the  dominant  right 
of  party  in  a  State — that  it  has  a  right  to  claim,  that  no  action  shall  be 
taken,  against  the  will  of  the  people,  that  will  tend  to  reverse  the  political 
opinions  of  the  State.  If  there  were  a  majority  of  Democratic  members  in 
this  Convention — if  the  people  of  the  Territory  believed  in  the  Democratic 
party  and  Democratic  principles — so  called  at  the  present  day — I  believe 
the  renresentatives  of  the  people  would  have  no  ri'zht  to  make  it  a  Repub- 
lican State.  I  believe  representatives  are  bound  to  carry  out  the  will  of 
their  constituents  in  every  particular.  I  propose  not  to  discuss  the  political 
question,  though  I  must  say  the  arguments  of  the  gentleman  from  Southern 
Nebraska  in  favor  of  its  being  Republican,  struck  me  as  the  very  arguments 
I  should  rely  upon  to  prove  the  contrary.  What  were  they?  Simply  that 
Democrats  had  been  elected  in  Southern  Nebraska  in  opposition  to  other 
Democrats — Democrats  had  always  been  ejected  there  in  opposition  to  other 
Democrats.  If  it  proves  anything  at  all  it  proves  that  the  Republican 
party  is  so  weak  they  never  dare  run  a  ticket  at  all;  it  can  lead  to  no  other 
conclusion.  Mr.  President,  unless  this  resolution  is  so  modified  that  the 
people  of  both  Territories  shall  have  an  opportunity  of  expressing  their 
opinion  at  the  ballot-box  upon  this  question,  previous  to  any  action  by 
Congress,  I  can  support  it.    But  now  I  shall  vote  against  it. 

Mr.  McDowell.  Mr.  President,  when  I  introduced  that  resolution  it 
was  not  my  intention  to  make  any  extended  remarks.  I  offered  my 
reasons  for  its  introduction  at  the  time  I  presented  it,  but  I  cannot  allow 
this  occasion  to  pass  without  making  some  little  reply  to  somewhat  that 
has  been  said  upon  this  floor  as  an  objection  to  this  proposition.  But  what 
does  the  resolution  embrace?    Simply  to  memorialize  Congress  to  include 


Friday,  July  22,  1859.  391 

as  a  part  of  the  boundary  of  the  new  State  of  Kansas  the  country  lying 
[*283]  south  of  the  Platte  riv*er.  This  question,  as  the  gentleman  from 
Osage  (Mr.  Winchell)  stated,  has  not  been,  I  think,  defeated  by  a  vote 
of  this  Convention.  The  vote  of  the  Convention  simply  defeated  the  propo- 
sition to  make  this  an  integral  part  of  the  Constitution  of  the  State  of 
Kansas.  Now  whilst  there  may  be  gentlemen  here  who  are  opposed  to 
making  that  an  integral  part  of  the  Constitution,  they  may  be  in  favor  of 
memorializing  Congress  upon  the  subject.  The  two  propositions  are  dis- 
tinct; they  are  not  the  same.  In  the  remarks  I  made  on  Saturday  last,  in 
favor  of  the  acquisition  of  this  northern  territory,  I  disdained — and  I 
think  my  remarks  will  show  I  was  consistent  with  myself — being  actuated 
by  partisan  influences  or  political  considerations;  I  advocated  it  for  what  I 
considered  to  be  the  good — the  obvious,  manifest  good — of  the  future 
State  of  Kansas;  and  I  adjured  gentlemen  in  the  Hall,  as  they  were  legis- 
lating, not  for  a  political  party,  but  for  the  people  of  this  new  State — as 
they  were  legislating  not  only  for  themselves  and  the  people  who  are  here 
to-day,  but  people  who  are  to  come  after  us — to  ignore,  in  their  investiga^ 
tion  of  this  question,  all  mere  poetical  considerations.  We  were  met  im- 
mediately by  the  gentleman  from  Douglas  (Mr.  Thacher)  who  fancied  he 
discovered  a  wooden  horse,  and  he  gave  us  a  translation  of  that  very  cele- 
brated sentence,  because  every  speech  I  have  ever  read  contains  it— 
Tbneo  Danaos  et  dona  ferentes.  He  assured  this  Convention  that  he  did 
not  look  at  any  other  fact  in  the  investigation  of  this  question  than  that,  if 
this  acquisition  of  territory  were  successful  it  would  give  some  predom- 
inance to  the  Democratic  party;  and  then,  as  he  has  done  on  several  other 
occasions,  he  went  into  a  tirade  against  the  Democratic  party.  That  gen- 
tleman will  do  me  the  justice  to  say,  that  in  no  argument  upon  this  floor 
have  I  attacked  the  Republican  party  as  a  party.  And  the  Convention  vnW 
bear  me  out  in  asserting,  that  no  proposition  has  emanated  from  this  side 
of  the  House,  from  the  Wyandot  question,  where  we  asked  that  a  large 
portion  of  the  people  of  Kansas  might  be  represented  upon  this  floor,  down 
to  this  hour,  but  the  charge  has  been  brought  up  by  the  other  side,  that 
the  Democratic  party  had  advocated  the  Lecompton  Constitution!  had 
endeavored  to  fasten  slavery  upon  this  Territory!  and  were  now  very  con- 
sistent with  themselves!  We  have  here  beheld  gentlemen  reiterating  stab 
upon  stab  upon  that  party,  and  no  gentleman  has  answered  them.  As  we 
have  made  no  charges  upon  them,  I  now  propose  to  reply.  The  gentleman 
from  Douglas  says  he  opposes  this  measure  because  it  might  give  to  the 
Democratic  party  the  ascendency,  and  goes  on  appealing  to  his  imagina- 
tion for  his  facts  used  in  heaping  abuses  upon  the  Democratic  party,  and 
using  some  such  expression  as  this:  It  was  a  sufficient  objection  to  h'm — 
a  sufficient  consideration  to  influence  his  mind  against  this  proposed  annex- 
ation, that  it  came  from  the  Democratic  side  of  the  House,  and  therefore 
contemplated  a  Democratic  majority  in  the  Territory.  The  gentleman  is 
certainly  very  faithful  to  that  party!  I  can  say  to  him  that,  whether  he 
annexes  that  territory  or  not,  mene,  mene,  tekel,  upharsm  has  been  written 
all  over  the  horizon  of  his  party  prospects;  and  as  the  old  Democratic 
party,  which  he  has  traduced,  is  founded  in  truth,  in  principle,  and  on  the 
Constitution,  upon  which  it  was  born  and  which  it  protects — as  certain  as 
truth  prevails  among  men — that  Democracy  will  be  in  the  ascendency  in 
this  Territory.  This  morning,  the  gentleman  added  another  reason  why  he 
opposed  the  acquisition  of  this  territory.  It  was  this:  That  it  increased  the 
State  expenses.  Is  that  so?  Does  it  multiply  the  State  offices  at  all?  Not 
one  particle  does  it  increase  the  State  expenses.  I  ask  the  gentleman  to 
[*284]     name  the  items.     On  the  contrary,  instead  of  in*creasing  the 


392  Convention  Proceedings  and  Debates. 

State  expenses,  it  furnishes  us  with  a  country  rich  in  agricultural  wealth 
to  enable  us  to  defray  the  State  expenses  of  Kansas;  so  that  there  is  no 
weight  in  that  suggestion.  Another  consideration  is  this:  That  the  people 
have  not  been  called  upon  to  pass  upon  this  question;  that  it  was  not  in- 
volved in  the  canvass,  and  therefore  we  are  legislating  upon  a  question 
about  which  we  have  no  indication, of  the  popular  will.  1  take  it  that  in  the 
last  Republican  Legislature  of  this  Territory,  the  Republican  party  did 
take  action  upon  that  question.  They  invited  the  people  of  Southern 
Nebraska  to  submit  that  question  of  annexation,  and  represent  themselves 
upon  it  here  in  this  hall.  The  question  certainly  was  discussed  north  of  the 
Kaw  River,  and  there  is  not  a  northern  delegate  here  who  does  not  feel 
that  he  would  be  doing  injustice  to  his  constituents  were  he  not  to  favor 
it,  because  his  constituents  have  favored  it.  I  believe  that  the  people  of 
this  Territory  are  in  favor  of  this  acquisition.  I  believe  that  you  cannot 
find  a  people  so  insensible  to  their  own  interests  as  to  reject  a  strip  of 
territory  so  rich,  and  that  will  be  of  so  much  benefit  to  the  State  of  Kan- 
sas; and  I  am  satisfied  that  no  such  considerations  as  those  suggested  here, 
of  a  partisan  character,  would  influence  them  to  reject  it.  Selfishness  is 
said  to  be  one  of  the  natural  traits  of  the  human  character,  and  if  for  no 
other  reason  than  a  selfish  one,  the  people  of  Kansas  would  advocate  the 
acquisition  of  this  territory.  In  addition  to  the  fact  that  it  gives  us  a 
natural  northern  boundary,  with  the  western  line  as  now  established,  it 
makes  our  State  a  square,  presenting  the  richest  agricultural  State  in  the 
Union;  and  her  resources  yet  undeveloped  are  sufficient  to  justify  one  in 
savins  it  would  be  the  richest.  Population,  sir,  is  coming  in  rapidly;  and 
we  will  soon  not  only  be  the  richest  but  the  most  populous  State.  From 
Wisconsin,  Northern  Iowa,  Missouri.  Michigan,  from  New  England,  from 
the  M'ddle  States,  and  from  other  Western  States,  there  is  a  continuous 
tide  of  emigration  pouring  in  upon  us.  They  are  induced  to  come  here  by 
the  argument  that  we  have  presented,  of  great  agricultural  and  commercial 
wealth,  and  good  cheap  farms — to  improve  these  farms  and  supply  the  de- 
mand of  that  emigration,  first,  and  then  supply  the  produce  market  of 
the  world.  I  stated  on  Saturday,  and  repeat  it,  that  these  little  political 
considerations  should  not  affect  our  action  upon  this  question.  We 
are  legislating  for  the  people  of  the  whoV  Stnte,  and  for  people  that  are 
to  come  here,  and  it  is  for  us  to  pass  upon  this  question,  looking  at  it  as 
statesmen,  and  considering  whether  we  will  be  doing  justice  to  ourselves 
and  to  this  future  State  to  refuse  a  gift  so  rich  and  so  generously  tendered 
to  us.  It  seems  to  me  that  if  no  higher  considerations  control  the  action 
of  our  friends  on  the  other  side,  the  popular  voice  will  not  approve  their 
course.  I  must  say  for  myself,  and  I  think  I  can  state  for  every  gentleman 
who  votes  with  me,  that  although  we  believe  that  territory  now  contains  a 
large  majority  of  Republican  votes,  and  that  the  immediate  effect  of  the 
acquisition  of  that  territory  would  be  prejudicial  to  the  Democratic  party, 
yet  inasmuch  as  the  acquisit'on  of  that  territory  will  be  of  such  incalcu- 
lable benefit  to  the  people  of  the  State,  we  vote  for  it  for  that  reason  and 
for  none  other.  Gentlemen  have  stated  here,  by  sly  inuendo,  that  other 
considerations  have  influenced  gentlemen  upon  this  floor  in  the  advocacy  of 
this  measure.  The  capital  question  has  been  suggested  for  one.  I  am  will- 
ing to  admit  that  this  capital  question  is  a  subordinate  one,  but  the  great 
question  is  the  acquisition  of  this  territory,  and  if  I  cpuld  get  votes  enough 
to  annex  this  territory,  from  the  Republican  side  of  the  House,  I  wouM  be 
willing  to  vote  for  them  in  relation  to  the  capital.  If  there  is  anything 
wrong  in  that,  you  are  welcome  to  make  the  most  of  it.    I  have  said  this 


Friday,  July  22,  1859.  393 

much  because  I  felt  called  upon  to  answer  the  repeated  charges  that  gen- 
tlemen have  made  against  us  as  representatives  of  the  Democratic  party. 
[*285]  *Mr.  J.  Blood.  Mr.  President,  I  don't  intend  to  make  an  argu- 
ment or  a  speech  upon  the  question,  but  simply  give  one  or  two  reasons 
that  will  influence  me  in  casting  my  vote  against  this  resolution.  I  believe 
it  would  be  injurious  to  the  material  interests  of  the  people  of  Kansas,  and 
not  beneficial.  Another  reason  is,  I  believe  the  people  of  Kansas  are  op- 
posed to  this  measure,  with  the  exception  of  Democratic  politicians  and  my 
friend  from  Riley  (Mr.  Houston).  These  reasons  are  sufficient  to  influence 
me  in  casting  my  vote  against  the  proposition. 

Mr.  Greer.  Mr.  President,  I  desire  to  give  notice  that  I  shall  ofl"er  my 
reasons  to  go  upon  the  journal  for  the  vote  I  shall  give  upon  this  subject. 

Mr.  Ritchie.  Mr.  President,  I  had  hoped  this  question  was  settled. 
I  think  still  just  as  I  thought  the  other  day  u]-)on  this  question.  Members 
on  both  sides  are  denying  that  local  and  political  considerations  are  the 
inducement,  while  I  am  clearly  of  opinion  that  local  and  political  con- 
siderations are  the  moving  cause  of  this  discussion.  Were  I  a  Democrat, 
or  on  the  other  side  of  the  House,  I  should  advocate,  with  all  the  ability 
and  power  I  possessed,  the  propriety  of  bringing  this  question  before  the 
people,  and  I  would  do  it  for  political  considerations.  The  policy  is  to 
divide  and  distract  the  Republican  party,  and  if  the  minority  can  get  the 
majority  divided,  then  certain  defeat  follows.  I  want  to  be  understood  in 
making  this  opposition  that  local  considerations  move  upon  me,  and  I  am 
not  here  to  surrender  my  feelings,  to  try  to  prove  myself  patriotic,  when  I 
acknowledge  that  truth.  I  believe  some  who  are  in  this  house  to  be  will- 
ing to  stultify  themselves  where  party  considerations  are  concerned,  as 
will  be  demonstrated  before  this  Convention  adjourns.  Mr.  President,  my 
vote  will  be  recorded  against  this  annexation,  upon  the  principle  of  local 
and  political  considerations,  and  whether  it  goes  upon  that  journal  or  not, 
it  has  gone  down  here  into  my  heart,  and  has  been  my  honest  conviction 
for  at  least  one  year. 

In  taking  up  the  Lawrence  Republicon,  a  good  Republican  document, 
I  find  the  following,  which,  if  I  am  permitted,  I  will  read: 

"We  cannot  conceive  how  any  Republican  can  lend  himself  to  this 
scheme.  These  miserable  maneuvers  for  the  location  of  the  capital,  which 
have  been  a  most  fruitful  source  of  corruption  and  trickery/  ever  since  the 
Territory  was  settled,  deserve  the  execration  of  every  honest  man.  It  is 
time  they  were  exposed  and  held  up  to  the  scorn  of  an  intelligent  people. 
Men  who  will  jeopardize  the  cause  of  freedom  to  paltry  speculations  in 
comer  lots,  and  then  come  before  the  people  and  ask  the  first  offices  in  the 
State,  should  be  marked,  and  they  will  be.  The  people  of  Southern  Kan- 
sas will  never  consent  to  a  scheme  so  utterly  fatal  to  their  own  interests 
and  so  fraught  with  danger  to  the  great  cause  for  which  they  have  suffered 
so  much  and  struggled  so  bravely  and  so  well." 

Now,  Mr.  President,  I  presume  this  does  not  refer  to  any  individual 
member  of  this  Convention,  but  this  question  of  "corner  lots"  and  politi- 
cal bribery  is  whispered  all  over  this  Convention,  and  I  think  the  sooner 
it  heads  the  better. 

Mr.  Houston.    Mr.  President,  I  would  like  to  make  a  single  remark. 

The  President.  If  no  other  member  desires  to  speak  upon  this  ques- 
tion, the  gentleman  from  Riley  (Mr.  Houston)  will  be  permitted  to  speak 
a  second  time. 

Mr.  Houston.    I  sincerely  regret  the  shape  this  measure  has  assmned. 


394  Convention  Proceedings  and  Debates. 

I  regret  it  most  sincerely,  and  I  don't  know  but  it  may  be  vain  in  me  to 
claim  a  superiority  of  foresight,  but  it  is  an  unfortunate  infirmity  in  me, 
and  I  hope  you  will  bear  with  me.  I  believe  we  can  do  ourselves  no 
greater  injury,  as  a  party,  than  to  take  a  position  opposed  to  this  annexa- 
tion. I  say  I  think  I  can  easily  foresee  how,  that  no  possible  position  can 
be  taken  by  the  Republican  party  more  dangerous  to  its  final  success  than 
this  position.  I  am  too  much  of  a  frontier  man  to  be  turned  from  my 
purposes  by  any  threats  of  a  withholding  power.  Gentlemen  who  know 
me,  know  I  am  the  last  man  to  turn  aside  from  danger,  imder  circum- 
[*286]  ^stances  like  this.  No  offers  of  "corner  lots"  shall  influence  my 
vote  in  matters  of  such  moment  to  the  party  and  general  well  being  of  the 
State  of  Kansas.  I  occupy  a  position  above  all  party  considerations,  and 
while  1  am  willing  to  do  everything  I  can  for  my  party,  I  am  unwi'.hng  to 
see  its  banner  trailed  in  the  dust  by  any  measure,  without  giving  my 
opposition  to  that  measure.  I  ask  no  favors  from  the  hands  of  the 
people;  these  hands,  here,  have  provided  for  my  wants,  and  they  can  do  it 
again.  And  when  the  time  comes  that  I  shall  be  sunk  so  low  that  I  cannot 
rise  superior  to  party  considerations,  then  I  ought  to  be  sunk  behind  even 
a  party  vote.  I  do  not  know  how  valuable  a  consideration  has  been  pre- 
sented to  the  editor  of  the  Lawrence  Republican.  He  is  a  man  who  seems 
to  go  for  the  southern  portion,  instead  of  the  State  of  Kansas.  In  refer- 
ence to  the  remark  that  none  except  the  Democratic  party  and  the  gentle- 
man from  Riley  are  in  favor  of  this  measure — I  tell  j^ou,  sir,  their  name 
will  be  "legion"  before  you  get  through  with  it.  There  will  be  more  than 
one-half  in  the  south  in  favor  of  this  measure.  They  tell  us  the  danger  is, 
that  Congress  will  run  a  line  with  the  Kansas  river,  and  cutting  off  that 
portion  southward,  make  a  slave  State  of  it.  Even  if  our  State  boundary 
should  extend  northward  so  as  to  take  in  this  portion  of  Nebraska,  I  ask, 
is  there  a  man  in  this  house  that  believes  Congress  dare  divide  this  beau- 
tiful Territory  by  the  Kaw  valley  line?  It  is  astonishing  that  this  argu- 
ment will  be  pressed,  that  Congress,  against  the  wishes  of  ninety-nine  hun- 
dredths of  the  people,  would  divide  us  by  the  Kaw  river  line,  and  ruin  the 
State  of  Kansas.  The  Democratic  party  is  too  smart  to  do  such  a  thing, 
and  the  Republican  party  would  be  the  last  to  think  of  it.  The  idea  is 
perfectly  nonsensical.  It  is  brought  up  in  the  absence  of  real  argument, 
and  they  hold  this  out  to  alarm  and  arouse  the  fears  of  individuals.  Now, 
gentlemen,  if  I  know  anything  about  this  matter,  this  Constitution  goes  to 
a  vote  of  the  people  in  October,  and  this  memorial  will  not  reach  Congress 
until  sometime  next  winter  or  summer,  and  we  shall  have  a  Territorial 
Legislature  prior  to  that  time.  In  December  we  have  a  State  election. 
Have  we  provided  for  the  people  of  Nebraska  to  have  a  representation? 
Not  at  all.  That  people  can  have  no  voice  in  the  election  of  United  States 
Senators,  nor  in  anything  for  a  year  from  next  winter,  even  if  admitted. 
Why,  gentlemen,  if  I  had  no  better  ground  to  stand  upon,  I  would  say, 
like  a  man,  that  I  had  no  argument.  I  would  acknowledge  that  such  was 
my  po.sition.  I  certainly  would.  Because  certainly  the  Democratic  party 
can't  get  any  advantage  from  that  quarter.  Not  a  vote  will  be  polled  for 
a  year  from  next  winter  by  these  people;  and  by  that  time  we  will  have 
two  United  States  Senators  from  the  free  State  of  Kansas. 

Mr.  Ritchie.    Mr.  President,  I  see  that — 

The  President.  The  Chair  would  state  that  he  is  very  much  in  doubt 
whether,  under  the  rules  of  the  Convention,  it  is  in  order  for  any  gentle- 
man to  speak  after  he  has  been  permitted  to  give  his  view  a  second  time. 


Friday,  July  22,  1859.  395 

But,  unless  objection  is  made,  he  will  permit  gentlemen  to  speak  as  they 
rise. 

Mr.  Ritchie.  I  do  not  wish  to  occupy  the  time  of  the  Convention, 
but  it  seems  to  me  from  reading  the  papers  that  are  circulated  before 
every  member  of  this  body,  that  some  notice  ought  to  be  taken  of  this 
matter;  and  not  having  my  mind  upon  the  article  1  wished  to  read  in  the 
Lawrence  RepubUccm  when  last  up,  I  wish  to  read  still  further;  and  may, 
before  the  Convention  closes,  ask  that  a  committee  of  investigation  may 
be  had.    He  says: 

"Upon  the  'capital'  question,  a  quiet  arrangement  is  going  on,  which 
to  many  appears  very  discreditable  to  the  contracting  parties.  In  due 
time,  the  whole  thing  will  come  to  the  light.  It  may  be  sufficient  now  to 
[*287]  say  that  Lawrence  rejected  peremptorily  the  arrange^ment  re- 
ferred to.  The  Douglas  delegation  prefer  principle,  rather  than  temporary 
advantage." 

Mr.  Kingman.  Mr.  President,  I  like  to  create  a  Uttle  sensation,  and  I 
know  my  rising  gave  general  and  universal  pain  to  every  member  in  the 
House;  and  so  I  will  say  I  only  rose  to  give  notice  that  I  will  give  my 
reasons  for  the  vote  I  shall  give,  to  be  spread  upon  the  journal. 

Mr.  Barton.    I  give  notice  that  I  intend  to  do  the  same. 

Mr.  Parks.  I  give  notice  that  at  the  proper  time  I  shall  introduce  a 
resolution  and  preamble  something  like  this:  Whereas,  a  member  of  this 
Convention  from  Douglas  county  has  offered  another  member  of  this  Con- 
vention one  lot  in  the  city  of  Lawrence,  if  he  would  vote  for  the  capital 
to  be  established  at  that  place;  therefore. 

Resolved,  That  a  committee  be  appointed  to  investigate  the  matter. 

Mr.  Griffith.  Mv.  President,  I  shall  not  detain  the  Convention  with 
any  lengthy  remarks;  but  as  the  Republican  party  has  been  charged  with 
viewing  this  question  iri  a  political  light,  I  wish  to  say  that  I  have  not 
advanced  an  argument  upon  this  floor  based  upon  political  considerations. 
I  claim  to  be  nothing  more  than  a  plain,  practical  farmer,  and  I  base  my 
opposition  to  the  proposed  annexation  upon  the  simple  fact  that  it  is 
probable,  if  we  change  our  boundaries  so  as  to  take  in  Southern  Nebraska. 
it  will  give  the  Administration  an  excuse  to  postpone  our  admission  into 
the  Union,  and  we,  as  a  people,  cannot  afford  to  stay  out  of  the  Union — to 
risk  our  chances  for  admission — for  the  sake  of  this  annexation. 

Mr.  BuRRis.  Mr.  President,  I  merely  rise  to  give  notice  that  I  wish 
to  have  my  reasons  for  casting  the  vote  I  shall  cast  entered  upon  the 
journal. 

The  yeas  and  nays  were  demanded  upon  the  adoption  of  the  resolution, 
and  they  were  ordered,  and  being  taken  resulted — yeas  19,  nays  29 — as 
follows : 

Yeas — Messrs.  Brown,  Foster,  Forman,  Hippie,  Hubbard,  Houston. 
Middleton,  Moore,  McDowell,  McCune,  Palmer,  Parks,  Porter,  Slough, 
Stinson,  Stiarwalt,  J.  Wri-ht,  Wrigley,  T.  S.  Wright— 19. 

Nays— Messrs.  Arthur,  Burnett,  Blunt,  Barton,  Burris,  J.  Blood,  N.  C. 
Blood,  Crocker,  Dutton,  Graham,  Greer,  Griffith,  Hutchinson,  Hanway, 
Hoffman,  Ingalls,  Kingman,  Lillie,  Lamb,  McCullough,  Preston,  Ritchie. 
Ross,  Signor,  Stokes,  Simpson,  Thachcr,  Townsend,  Williams — 29. 

So  the  resolution  was  rejected. 


396  Convention  Proceedings  and  Debates. 

We  vote  against  the  resolution,  on  the  ground  that  the  question  of  an- 
nexation of  Southern  Nebraska  has  not  been  submitted  to  the  people  and 
approved  by  them.  John  P.  Greer, 

John  T.  Barton. 

I  vote  nay  on  the  resolution  offered  by  McDowell,  for  the  following 
reasons,  to-wit: 

1st.  Because  I  believe  that  a  proposition  to  annex  Southern  Nebraska 
might  defeat  our  effort  to  gain  admission  under  this  Constitution,  or  would 
at  least  delay  the  same. 

2d.  Our  application  for  the  annexation  of  territory  on  the  north,  would 
afford  Congress  a  pretext  for  dismembering  our  Territory  on  the  south. 

3d.  I  believe  that  a  large  majority  of  the  people  of  Kansas  are  op- 
posed to  such  annexation. 

4th.  I  have  no  doubt  that  an  overwhelming  majority  of  the  people  of 
the  county  which  I,  in  part,  represent,  are  opposed  to  such  annexation. 

BURRIS. 
SCULLDUGGERY. 

Mr.  Parks.    Mr.  President,  I  offer  my  resolution  now: 
Whereas,   a  member  of  this  Convention   from  Douglas  county,  has 
offered  another  member  of  this  body  a  lot  in  the  city  of  Lawrence  if  he 
would  vote  for  the  Capital  to  be  established  at  that  place;  therefore — 

P288]  Resolved,  That  a  committee  of  five  be  ap*pointed  to  investigate 
said  charge,  with  power  to  send  for  persons  and  papers. 

Mr.  Kingman.  I  can  vote  for  such  a  resolution,  but  cannot  vote  for 
fhe  facts  stated  without  any  information  whatever. 

Mr.  Parks.  I  don't  aim  to  state  it  as  a  fact.  I  will  make  it  read: 
"Whereas,  it  is  charged." 

The  yeas  and  nays  were  demanded,  and  being  ordered  and  taken  re- 
sulted— yeas  49,  nays  0 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Brown,  Barton,  Burris,  J.  B'ood, 
N.  C.  Blood,  Crocker,  Dutton,  Foster,  Forman,  Graham,  Greer,  Griffith, 
Hippie,.  Hubbard,  Hutchinson,  Hanway,  Hoffman,  Houston,  Ingalls,  King- 
man, Lillie,  Lamb,  Middleton,  Moore,  McDowell,  McCune,  McCullough, 
Preston,  Palmer,  Parks,  Porter,  Ritchie,  Ross,  Signor,  Slough,  Stirson, 
Stiarwalt,  Stokes,  Simpson,  Thacher,  Townsend,  J.  Wright,  Wrigley,  T.  S. 
Wright,  Williams,  Mr.  President — 49. 

Nays— 0. 

So  the  resolution  was  adopted. 

Mr.  Stinson.  Mr.  President,  I  move  to  take  up  the  report  of  the  com- 
mittee on  Schedule. 

The  President.    It  is  not  in  order. 

LOCATION    OF   THE    STATE    CAPITAL. 

Mr.  Greer.    Mr.  President,  I  offer  the  following: 

Resolved,  That  the  Convention  proceed  immediately  to  locate  the  State 
Capital,  temporarily,  by  a  viva  voce  vote,  provided  that  a  majority  of 
all  the  votes  cast  shall  be  necessary  to  locate  the  same. 

Mr.  Thacher.  Mr.  President,  I  offer  the  following  substitute  for  the 
resolution : 

"At  the  election  held  to  adopt  this  Constitution,  the  qualified  electors 
shall  vote  for  some  place  to  be  the  temporary  Capital  of  the  State;  and 


Friday,  July  22,  1859.  397 

the  place  having  the  highest  number  of  votes  shall  be  the  temporary  Capi- 
tal, and  the  Legislature  shall  have  power  to  provide  for  a  permanent 
Capital  by  a  popular  vote." 

Mr.  President,  I  wish  to  make  a  few  remarks  with  respect  to  that 
substitute.  In  all  communities  and  in  all  States  the  question  of  a  location 
of  a  Capital  is  one  which  interests  every  member  of  the  State.  It  is  one 
in  which  they  have  a  direct  interest,  and  upon  which  each  member  may  be 
supposed  to  have  a  right  to  express  his  views  and  sentiments.  There  is 
but  one  fair  and  legitimate  way  to  settle  that  question,  and  that  is  to  leave 
it  to  a  popular  vote,  and  as  the  people  decide  let  the  question  be.  If  the 
people  decide  in  favor  of  any  locality  let  that  locality  have  it.  There 
can  be  no  wrong  in  this,  and  the  resolution  which  I  offer  looks  directly 
to  the  popular  vote  to  determine  the  question,  and  settle  it  without  any 
bickerings  whatever.  I  believe  no  gentleman  can  honestly  oppose  that 
resolution.  It  submits  at  once  to  the  people,  the  question  as  to  where 
they  will  do  their  Capital  business.  No  one  can  really  find  any  fault  with 
it  whatever.  It  removes  the  question  from  the  complications  of  a  legis- 
lative body,  and  leaves  it  to  that  power  which  sent  us  here,  and  which 
controls  all  things  political.  There  may  be  some  objections  raised  to  it. 
One  may  say,  it  may  give  it  to  Leavenworth,  another  to  Lawrence,  and 
another  to  another  place.  As  far  as  that  is  concerned,  I  am  willing  to  let 
the  people  settle  that  question.  If  Leavenworth  gets  it,  so  be  it.  If 
Lawrence,  so  be  it;  Tecumseh,  so  be  it;  Topeka,  so  be  it.  I  cannot  see 
how  any  gentleman  can  object  to  letting  the  people  act  upon  a  question 
in  which  they  are  so  directly  interested.  What  consideration  can  compel 
any  gentleman  to  oppose  that  proposition?  The  people  pass  upon  it; 
and  I  apprehend  no  gentleman  will  dare  take  the  position  that  the  people 
are  not  competent.  As  far  as  I  am  concerned,  I  think  our  own  good 
demands  the  allowing  of  this  question  to  go  before  the  people.  Can  any- 
thing be  fairer  or  more  honest  than  that?  Can  any  one,  uninfluenced  by 
personal  considerations,  find  an  objection  to  that?  I  believe  this  one  of 
the  questions  that  ought  to  be  settled  by  a  popular  vote  of  the  State — 
that  it  is  one  of  the  questions  on  which  the  people  should  be  allowed  to  act 
directly:  and  I  apprehend  any  one  who  says  he  will  not  let  the  people  act 
upon  this  question  places  himself  in  an  unpleasant  position.  Let  the  people 
settle  this  question.  I  say  let  the  people  decide,  and  as  they  decide  let  the 
question  be  settled. 

Mr.  Ritchie.  Mr.  President,  I  offer  the  following  substitute  for  the 
substitute: 

The  President.  The  Chair  will  state  here  that  he  has  been  in  the 
habit  of  permitting  variations  from  the  regular  parliamentary  rule  with 
regard  to  substitutes,  and  he  has  often  stated  that  the  course  was  open 
to  objection,  that  any  member  was  at  hberty  to  object.  But  for  the 
purpose  of  avoiding  any  question  as  to  the  strict  matter  of  order,  he  will, 
in  every  case  hereafter,  rule  a  substitute  to  be  an  amendment. 

The  amendment  to  the  amendment  was  then  read,  as  follows: 

"Provided  a  majority  of  all  the  votes  cast  shall  be  necessary  to  a  choice." 

Mr.  Ritchie.  In  answer  to  the  remarks  of  the  gentleman  from  Doug- 
las (Mr.  Thacher)  about  a  man  acting  honorably,  I  tell  him  that  they  do 
not  apply.  I  wish  consistency,  and  therefore  will  read  from  his  paper, 
which  I  very  much  esteem  as  a  Republican  document;  presuming  all  the 
reason  he  has  for  changing  the  position  is,  that  he  has  allowed  somebody 
else  to  pen  the  article  in  the  Republican,  which  I  shall  read: 


398  Convention  Proceedings  and  Debates. 

"Here  is  my  idea:  In  the  first  place  select  that  point  at  the  present 
time  the  most  central  and  easiest  of  access  for  a  majority  of  the  people, 
and  it  is  fair  to  presume  that  the  place  now  the  most  central  will  con- 
tinue to  be  for  at  least  ten  years." 

Now,  gentlemen,  I  desire  not  to  defeat  the  wishes  of  the  whole  people 
upon  any  question  of  local  interest,  and  therefore  I  offer  the  amendment. 

Mr.  Thacher.  Allow  me  to  say  this:  that  when  any  man  attempts  to 
make  editors  of  papers  endorse  everything  their  correspondents  present, 
they  resort  to  an  unfair  thing,  as  many  editors  upon  this  floor  know. 
Editors  admit  many  articles  they  do  not  endorse. 

Mr.  Blunt.  Mr.  President,  I  regret  very  much  to  see  so  much  feeling 
manifested  upon  this  question  of  the  temporary  seat  of  government.  It 
is  a  matter  in  which  I,  myself,  have  no  personal  feeling.  I  have  been 
importuned  by  no  one  upon  this  floor  to  cast  my  vote  for  any  point; 
and  if  it  is  to  be  said  by  this  Convention  where  it  is  to  be  located,  I 
shall  cast  my  vote  for  that  point  which  I  think  will  best  subserve  the 
interests  of  those  I  represent.  I  think  the  proposition  by  the  gentleman 
from  ^Douglas  county  (Mr.  Thacher)  to  be  a  fair,  liberal  and  an  honest  one; 
one  which,  if  adopted,  will  do  away  with  all  the  ill  feelings  which  we  see 
manifested  upon  this  floor.  To  leave  this  matter  to  the  people  will  obviate 
[^289]  the  possibility  of  any  reflection  being  cast  upon  this  *Conven- 
tion  that  there  has  been  bargain  and  sale  and  corruption.  But  I  cannot 
support  the  amendment  offered  by  the  gentleman  from  Shawnee  (Mr. 
Ritchie)  requiring  that  a  majority  of  all  the  votes  cast  should  be  neces- 
sary to  a  choice,  because  I  be'ieve  that  would  defeat  the  possibility  of  our 
having  any  temporary  seat  of^  government,  unless  we  were  to  confine  the 
vote  to  but  two  points.  The  temporary  location  is  a  matter  of  no  very 
great  importance.  It  is  necessary  that  it  should  be  accessible,  and  also 
where  ample  accommodations  could  be  provided  for  members  and  I  am 
some  in  favor,  in  view  of  the  existing  state  of  feeling,  which  I  see  manifested 
here,  of  supporting  the  amendment  of  the  gentleman  from  Douglas.  I  had 
drawn  up  a  similar  one.  Let  the  proposition  be  laid  before  the  people  and 
every  man  designate  upon  his  ballot  the  place  of  his  choice ;  and  let  that  be 
declared  in  like  manner  as  the  vote  for  the  Constitution.  Then  let  the  first 
Legislature  provide  for  submitting  to  a  popular  vote  the  question  of  the 
permanent  location  of  the  capital.  I  can  conceive  of  nothing  that  is  fairer, 
and  that  will  relieve  us  from  the  difficulty  we  have  got  into.  Hence  I 
shall  vote  for  the  amendment  of  the  gentleman  from  Douglas. 
[^290]  *Mr.  Wricley.  Mr.  President,  it  occurs  to  me  if  the  amendment 
of  the  gentleman  from  Shawnee  (Mr.  Ritchie)  prevails,  the  effect  of  it  would 
be  that  we  would  have  no  capital  at  all.  It  is  not  probable  that  any  one 
place  would  get  a  majority  of  all  the  votes  cast.  We  all  know  there  arc  a 
great  many  points  at  which  there  is  a  desire  to  fix  the  capital  of  the  State; 
and  it  occurs  to  me  that  it  is  hardly  probable  any  one  place  would  get  a 
majority  of  all  the  votes  cast.  Again,  about  the  same  objection  would 
apply  to  the  original  amendment  offered  by  the  gentleman  from  Douglas 
(Mr.  Thacher).  Therefore  I  would  make  a  suggestion  that  this  Conven- 
tion ballot  for  the  places  at  which  they  desire  the  location  of  the  capital, 
and  that  after  a  certain  number  of  ballots  the  two  or  three  points  having 
the  largest  vote  be  submitted  to  the  people,  and  that  a  vote  be  taken  upon 

'Note. — By  printer's  error  in  "make-up"  of  the  original  debates,  this;  and  the  follow- 
ing lines  to  the  words  "seat  of,"  inclusive,  appear  in  the  remarks  of  President  Winchell, 
as  the  last  six  lines  of  page  288  and  the  first  seven  lines  of  page  289  of  that  rd  tion.  In 
fact,  they  were  uttered  by  Mr.  Blunt,  the  type  mafer  having  been  transposed  from  the  last 
half  of  page  289.  The  restoration  to  th';  correct  order  makes  page  *288  longer  and  *289 
shorter  than  they  are  in  the  corresponding  pages  of  the  original  edition. 


Friday,  July  22,  1859.  399 

those  points  by  the  people.  It  seems  to  me  that  would  be  as  well  calcu- 
lated to  settle  the  question  as  any  other  way;  and  that  it  would  establish 
the  capital  at  some  point  where  it  would  best  subserve  the  interests  of  the 
people  of  the  State. 

Mr.  Ritchie.  Mr.  President,  I  rise  to  withdraw  my  amendment,  and 
offer  the  following,  with  the  consent  of  the  Convention: 

"Resolved,  further,  That  the  first  Legislature  elected  under  this  Con- 
stitution shall  provide  for  the  permanent  location  of  the  seat  of  govern- 
ment by  a  popular  vote." 

Mr.  J.  Blood.  Mr.  President,  I  was  somewhat  surprised  at  the  intro- 
duction of  this  question  at  this  time,  after  the  evident  attempt  that  has 
been  made  to  create  feeling  upon  this  question,  by  insinuations  that  at- 
tempts had  been  made  to  corrupt  members  of  this  body.  That  a  proposi- 
tion should  be  made  to  locate  the  capital  by  a  vote  of  this  Convention — 
and  even  after  a  committee  had  been  raised  to  investigate  a  charge  of 
corruption — it  seems  to  me  is  ill-timed.  It  is  my  opinion  any  vote  of  that 
kind  by  this  Convention,  under  the  circumstances,  would  lay  this  Conven- 
tion open  to  the  charge  of  corruption.  No  matter  how  justly  the  location 
should  be  made — at  Lawrence,  Topeka,  or  any  other  place — the  charge,  no 
doubt,  would  be  made  that  the  majority  vote  was  obtained  by  unfair 
means.  I  am,  therefore,  opposed  to  a  location  by  the  vote  of  this  Con- 
vention, and  in  favor  of  submitting  it  to  the  people,  both  for  the  perma- 
nent location  and  for  a  temporary  one — believing  we  are  not  in  a  condition 
to  fix  it.  I  had  prepared  a  resolution,  which  I  intended  to  offer  as  a  sub- 
stitute, but  I  believe,  if  I  understand  the  ruling  of  the  Chair,  it  would  not 
be  in  order.  I  have  no  particular  obiection  to  the  course  suggested  by  the 
gentleman  from  Doniphan  (Mr.  Wrigley)  that  the  vote  be  taken  by  this 
Convention  and  the  question  then  submitted  to  the  people  without  any  de- 
cision on  the  part  of  this  Convention,  but  I  would  prefer  that  the  vote  be 
left  to  the  people  without  any  action  of  the  Convention. 

Mr.  Greer.  Mr.  President,  I  do  not  think  that  the  resolution  offered 
can  have  been  fairly  considered.  It  is  not  the  proposition  or  intention  to 
deprive  the  mass  of  the  people  of  the  right  of  saying  where  the  capital 
shall  be.  It  embraces  a  mere  provision,  that  this  Convention  shall  now 
locate  temporarily,  the  capital — leaving  the  question  open  to  be  submitted 
■  to  the  people  when  the  first  Legislature,  or  second  Legislature  may  say,  or 
at  any  time  they  may  see  proper  to  locate  the  capital  permanently. 

The  only  difference  between  the  proposition  I  sulimitted  and  the  prop- 
osition of  the  gentleman  from  Doniphan  is  a  mere  question  of  time,  with 
this  other  single  difference,  that  mine  locates  it  temporarily.  It  seems  to 
me  that  the  capital  might  be  temporarily  or  permanently  located  by  a 
minority  of  the  people  under  the  provision  of  the  gentleman  from  Douglas 
(Mr.  Thacher).  It  is  well  known  that  Douglas  count}^  claims  now  to 
have  thirty-three  hundred  voters,  and  it  is  proposed  to  leave  the  tem- 
porary location  of  the  capital  at  the  particular  locality  that  can  muster  a 
majority  of  the  votes,  and  not  to  the  people  at  large — to  locate  it  at  the 
[■■291]  place  having  a  mere  plurality  of  votes — leaving  the  ^counties, 
outside  of  Douglas  county,  or  any  other  county  that  can  muster  a  plu- 
rality of  votes,  entirely  out  of  the  question.  Hence,  Johnson  county,  in 
connection  with  the  people  of  Douglas  county,  might  locate,  and  the  bal- 
ance of  the  Territory  have  no  voice  in  the  matter.  I  say  it  is  most  un- 
fair— but  it  is  of  a  kind  with  the  spirit  of  other  propositions  by  the 
gentleman  from  Douglas  county  throughout — not  only  upon  this  question 
but  upon  others.    It  was  supposed  that  it  would  be  necessary  for  this  Con- 


400  CoNVEXTiON  Proceedings  and  Debates. 

vention  to  locate  temporarily  the  capital.  When  the  election  of  delegates 
was  to  come  ofif,  the  people  expected  that  some  place  would  be  dasig- 
nated  by  this  Convention  at  which  the  first  Legislative  Assembly  should 
convene.  Then  I  say  that  our  action  here  is  the  action  of  the  whole 
people,  whereas  the  proposition  of  the  gentleman  from  Douglas  would  be 
only  the  action  of  Douglas  county— no  other  coimty  being  able  to  com- 
mand more  votes,  except  the  county  of  Leavenworth.  If  she  could  muster 
Johnson  county,  which  lies  just  at  her  threshhold,  to  vote  for  the  loca- 
tion of  the  temporary  capital  at  Lawrence,  they  would  locate  it  without 
giving  the  balance  of  the  people  a  voice.  Now  the  proposition  I  sub- 
mit here  is,  to  give  the  Legislature  authority  for  the  submission  of  this 
question — at  its  first  session,  if  it  chooses — to  the  whole  people;  and  to 
that  doctrine  I  most  heartily  subscribe.  I  am  not  afraid  to  submit  this 
question,  or  any  other  question  that  involves  the  interest  and  rights  of  the 
people,  to  the  people  themselves.  I  claim  to  be  one  of  the  people,  and  I 
am  not  willing  to  take  this  question  out  of  their  hands.  I  do  think  the 
proposition  a  fair  one,  and  one  that  ought  to  be  adopted.  It  will  locate 
the  temporary  capital,  as  we  are  representatives  of  the  people,  at  a  point 
having  a  majority  of  the  votes  of  this  Convention,  and  give  to  the  Legis- 
lature the  right  to  submit  the  question  of  a  permanent  capital  to  the 
people  at  large.  There  can  be  nothing  more  fair.  The  opposition  to  this 
is  unfair,  and  it  seems  to  me  that  this  Convention  is  not  now  ready  to  say 
that  Douglas,  Leavenworth,  Shawnee,  Doniphan,  or  any  other  one  county, 
shall  locate  the  capital  temporarily,  to  the  exclusion  of  the  voters  of  the 
balance  of  the  Territory.  For  these  reasons  I  am  in  favor  of  the  original 
resolution  as  amended  by  my  colleague  (Mr.  Ritchie),  and  opposed  to 
the  proposition  as  made  by  the  gentleman  from  Douglas. 

Mr.  Thacher.  I  accept  the  amendment  last  offered  by  the  gentleman 
from  Shawnee  (Mr.  Ritchie). 

Mr.  Ritchie.  My  amendment '  was  intended  to  follow  the  original 
resolution. 

The  President.    It  would  not  be  in  order  in  that  position. 

Mr.  Ritchie.    I  withdraw  it. 

The  President.  The  Chair  is  of  opinion  that  amendments  cannot,  be 
withdrawn  when  they  are  in  this  position  without  some  action  of  the  Con- 
vention. On  reading  the  amendment  of  the  gentleman  from  Shawnee,  the 
Chair  finds  it  is  incorporated  into  the  amendment  of  the  gentleman  from 
Douglas,  and  finding  them  to  be  identical,  and  the  condition  of  the  ques- 
tion not  being  changed  at  all,  the  Chair  will  consider  it  as  not  before  the 
Convention,  which  will  be  equivalent  to  its  withdrawal. 

Mr.  Wrigley.    I  would  ask  if  a  substitute  would  be  in  order? 

The  President.    As  an  amendment  to  the  amendment. 

Mr.  Wrigley.    I  will  read  it: 

Resolved,  That  this  Convention  now  proceed  to  ballot  for  a  temporary' 
.seat  of  government;  that  each  member  shall  nominate  the  place  for  which 
he  wishes  to  vote,  and  that  the  point  receiving  the  lowest  number  of  votes 
shall  be  dropped  until  only  two  places  shall  be  voted  for,  and  at  the  time 
of  voting  on  this  Constitution  the  electors  of  the  Territory  shall  vote  for 
one  of  the  two  places  named,  and  the  point  having  the  largest  number  of 
votes  shall  be  the  seat  of  government. 

The  President.  In  the  opinion  of  the  Chair  the  amendment  will  not 
[*292]  be  in  order,  because  it  ^covers  the  ground  of  the  original  reso- 
lution. 


Friday,  Jilv  22,  1859.  401 

Mr.  Stinson.  Mr.  President.  I  now  move  to  lay  the  subject  on  the 
table. 

The  yeas  and  nays  were  demanded;  and  being  ordered  and  taken,  re- 
sulted— yeas  16,  nays  33 — as  follows: 

Yeas — Messrs.  Foster,  Graham,  Griffith,  Hubbard,  Houston,  Ingalls, 
Kingman,  Moore,  McClelland,  McCullough,  Palmer,  Porter,  Parks,  Sig- 
ner, Stinson,  Wriglej^ — 16. 

Nays — Messrs.  Arthur,  Burnett,  Blunt,  Brown,  Barton,  Burris,  J. 
Blood,  N.  C.  Blood,  Crocker,  Button,  Forman,  C'reer,  Hii)ple,  Hutchinson, 
Hanway,  Hoffman,  Lillie,  Lamb,  Middleton,  McDowell,  McCune,  Preston, 
Ritchie,  Ross,  Slough,  Stiarwalt,  Stokes,  Simpson,  Thacher,  Townsend, 
J.  Wright,  T.  S.  Wright,  Williams— 33. 

So  the  motion  was  rejected. 

Mr.  Griffith.  Mr.  President,  so  far  as  I  am  concerned  I  am  willing 
this  proposition  shall  go  before  the  people  if  you  confine  it  to  two  points, 
so  we  don't  refer  any  question  to  the  people  and  say  a  plurality  vote  shall 
elect.  The  principle  is  that  a  majority  shall  elect,  and  not  a  plurality.  1 
tliink  a  bare  plurality  vote  should  not  decide.  Narrow  it  down  to  two 
points,  let  the  Convention  select  them,  and  I  am  willing  to  refer  the  ques- 
tion between  them  to  the  people. 

Mr.  Wrigley.    I  desire  to  so  change  the  amendment,  that — 

Mr.  Blunt.  Do  I  imderstand  that  the  amendment  of  the  gentleman 
from  Doniphan  (Mr.  Wrigley)  is  before  the  Convention? 

The  President.  The  Chair  does  not  consider  it  as  being  in  order,  until 
after  the  amendment  of  the  gentleman  from  Douglas  is  disposed  of. 

Mr.  HipPLE.  Mr.  President,  I  would  like  to  offer  a  resolution  in  rela- 
tion to  this  subject.  As  there  is  a  committee  of  investigation  raised,  I 
think  it  is  inexpedient  to  act  upon  this  question  now,  and  I  would  ask  the 
consent  of  the  House  to  offer  the  resolution. 

The  President.  The  resolution  is  not  in  order,  because, a  motion  to  lay 
on  the  table  has  just  been  taken,  which  would  be  the  object  aimed  at  by 
the  gentleman  from  Leavenworth  (Mr.  Hippie). 

Mr.  HipPLE.    The  resolution  reads  as  follows: 

"Resolved.  That  the  question  of  the  temporary  location  of  the  Capital 
shall  not  be  taken  up  until  after  the  committee  of  investigation  shall  have 
made  their  report." 

I  think  that  is  no  more  than  justice.  Let  the  Convention  know  whether 
there  has  been  any  fraud,  and  if  so,  let  the  people  know  it;  and  if  there  is 
no  truth  in  the  charges  upon  which  the  committee  was  raised,  let  the 
people  know  it.  I  offer  this  resolution,  and  hope  the  Convention  will 
adopt  it. 

The  President.  The  Chair  will  consider  the  resolution  as  equivalent 
to  a  motion  to  postpone,  and  will  entertain  it. 

Mr.  Stinson.  I  shall  vote  for  the  postponement  as  a  matter  of  justice 
to  Lawrence. 

The  yeas  and  nays  were  demanded,  and  being  ordered  and  taken  re- 
sulted— yeas  42,  nays  7 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Brown,  Barton,  N.  C.  Blood, 
J.  Blood,  Crocker,  Dutton,  Foster,  Forman.  Graham,  Greer,  Griffith, 
Hippie,  Hubbard,  Hutchinson,  Hanway,  Hoffman,  Houston,  Injialls,  King- 
man, Lillie,  Lamb,  Middleton,  Moore,  McCune,  McClelland,  McCullough, 

26 — 778 


402  Convention  Proceedings  and  Debates. 

Preston,  Palmer,  Parks,  Ritchie,  Ross,  Si^nor,  Stinson,  Simpson,  Thacher, 
Townsend,  Wrigley,  T.  S.  Wright,  Williams — 42. 

Nays— Messrs.  Burris,  McDowell,  Porter,  Slough,  Stiarwalt,  Stokes, 
J.  Wright— 7. 

So  the  resolution  was  adopted. 

Mr.  Thacher.    Mr.  President,  I  oflFer  the  following: 

"Resolved,  That  the  committee  appomted  to  enquire  into  the  charge 
against  a  Delegate  from  Douglas  county,  be  instructed  to  inquire  into  all 
charges  connected  with  the  Capital  question,  so  far  as  the  influences  of  the 
votes  of  delegates  is  concerned." 

The  resolution  was  adopted. 

Mr.  Houston.  Mr.  President,  I  would  like  to  present  another  resolu- 
tion here: 

''Resolved,  That  a  committee  of  five  be  appointed  to  present  to  this  Con- 
[*293]  vention  a  plan  *for  the  location  of  a  temporary  and  permanent 
seat  of  government." 

Mr.  Slough.    I  move  to  lay  it  on  the  table. 

The  motion  was  agreed  to. 

PHRASEOLOGY  AND   ARRANGEMENT.    . 

Mr.  Griffith.    Mr.  President,  I  offer  the  following  resolution: 
''Resolved,  That  Col.  Slough  and  Mr.  President  be  added  to  the  com- 
mittee on  Phraseology  and  Arrangement." 
The  resolution  was  adopted. 

OFFICIAL  reporter. 

Mr.  Ross.  Mr.  President,  I  have  a  preamble  and  resolution  which  I 
wish  to  offer,  on  behalf  of  the  committee  in  relation  to  Reporting. 

The  committee  on  printing  and  preservation  of  the  records  submit  the 
following: 

"Whereas,  The  contract  for  Reporting  the  Proceedings  and  Debates  of 
this  Convention,  awarded  on  the  7th  of  .hily  to  Dr.  W.  S.  Bush,  has  been 
transferred  to  his  agent,  Mr.  Ariel  E.  Drapier;  and  whereas,  the  latter 
party  has  performed  the  service  under  said  contract,  to  the  satisfaction 
of  this  body;  therefore — 

"Resolved.  That  the  compensation  for  said  service  be  allowed  and  paid 
directly  to  Mr.  Drapier,  in  his  own  name,  as  though  the  original  contract 
had  been  made  with  him  as  principal." 

The  report  of  the  committee  was  concurred  in,  and  the  preamble  and 
resolution  adopted. 

Mr.  Ingalls.    Mr.  President,  I  offer  the  following  resolution: 

"Resolved,  That  the  committee  on  investigation  be  instructed  to  report 
to-morrow  morning  at  8  o'clock." 

Mr.  Ross.    I  move  to  amend  by  inserting  "three  o'clock  this  afternoon." 
Mr.  Ingalls.    I  accept  the  amendment. 
The  resolution  as  amended  was  adopted. 

ADJUSTMENT  OF   CLAIMS. 

Mr.  Stinson.  Mr.  President,  the  Report  of  the  Commissioners  of 
Claims,  appointed  under  the  Act  of  February  7th,  which  was  presented 
here  on  the  Uth  instant,  is  now  printed  and  oflicially  before  the  Con- 
vention. 


Friday,  July  22,  1859.  403 

The  report  is  as  follows: 

''To  the  Convention  to  frame  a  Constitution  and  State  Government  for  the 
State  of  Kcjisas : 

Pursuant  to  the  provisions  of  the  Act  of  the  Territorial  Leaj'slature, 
approved  Feb.  7,  1S59,  entitled  "An  Act  to  provide  for  the  Adjustment 
and  Payment  of  Claims,"  the  undersigned  Conamissioners,  duly  appointed 
under  said  Act,  respectfully  report  as  follows: 

That  in  view  of  the  mifortunate  circumstances  that  had  attended  the 
organization  of  the  Territorial  Government,  the  destruction  of  property 
that  had  taken  place  during  the  internecine  war,  and  the  excited  state  of 
public  feeling  arising  from  losses  and  outrages  that  the  people  of  the  Terri- 
tory complained  of,  Governor  Geary,  in  his  message,  dated  January  12, 
1857,  used  the  following  language: 

"In  traveling  through  the  Territory  I  have  discovered  great  anxiety  in 
relation  to  the  damages  sustained  during  the  past  civil  disturbances,  and 
everywhere  the  question  has  been  asked  as  to  whom  they  should  look  for 
indemnity.  These  injuries — burning  houses,  plundering  fields  and  stealing 
horses  and  other  property — have  been  a  fruitful  source  of  irritation  and 
trouble,  and  have  impoverished  many  good  citizens.  They  cannot  be  con- 
sidered as  springing  from  purely  local  causes,  and  as  such,  the  subjects  of 
Territorial  redress.  Their  exciting  cause  has  been  outside  of  this  Territory, 
and  the  agents,  in  their  perpetration,  have  been  the  citizens  of  nearly 
every  State  in  the  Union.  It  has  been  a  species  of  national  warfare  waged 
upon  the  soil  of  Kansas,  and  it  should  not  be  forgotten  that  both  parties 
were  composed  of  men  rushing  here  from  various  sections  of  the  Union; 
that  both  coijamitted  acts  which  no  law  can  justify,  and  the  peaceable 
citizens  of  Kansas  have  been  the  victims.  In  adjusting  the  question  of 
damages,  it  appears  proper  that  a  broad  and  comprehensive  view  of  the 
subject  should  be  taken;  and  I  have  accordingly  suggested  to  the  General 
Government  the  propriety  of  recommending  to  Congress  the  passage  of 
[*294]  an  Act  ^providing  for  the  appointment  of  a  commissioner  to  take 
testimony  and  report  to  Congress  for  final  action,  at  as  early  a  day  as 
possible.' 

Thereupon  an  Act  was  passed  by  the  Legislature  and  approved  Feb- 
ruary 23d,  1857,  authorizing  the  appointment  of  a  Commissioner,  'to  audit 
and  certify  claims,'  in  accordance  with  the  jirovisions  therein  specified. 
Hon.  Hiram  J.  Strickler,  who  had  served  as  Adjutant  General  of  the  Terri- 
torial Militia  under  the  laws  of  1S55,  and  was  presumed  to  have  a  full 
knowledge  of  the  late  condition  and  events  of  the  Territory,  was  appointed 
such  Commissioner.  Pursuant  to  said  Act,  Gen.  Strickler  proceeded  to 
the  discharge  of  his  duties  specified,  and  published  a  notice  containing  the 
following  paragraphs,  and  commenced  taking  testimony  Sept.  1,  185/ : 

'Notice  to  Claimants. — Whereas,  under  the  provisions  of  "An  Act  to 
provide  for  the  auditing  of  Claims,"  and  the  Act  supplemental  thereto,  both 
passed  and  approved  February  23d,  1857,  the  undersigned  has  been  ap- 
pointed commissioner  'to  audit  and  certify  all  claims  of  all  and  every 
person  or  persons  who  may  present  the  same  for  consideration'  for 

'1.  (Public).  Moneys  actually  and  necessarily  expended  for  the  pur- 
pose of  maintaining  and  carrying  into  effect  the  laws  of  this  Territory,  or 
for  the  purpose  of  suppressing  any  rebellion  or  insurrection,  whether  in 
sustaining  the  militia  or  any  posse  of  the  Marshal,  or  any  Sheriff  of  any 
county  in  the  Territory. 

'2.    {Private).     Claims   of   all   persons   who   may  have  sustained  any 


404  Convention  Proceedings  and  Debates. 

loss  or  damage  in  consequence  of,  or  growing  out  of  the  difficulties  in  this 
Territory,  by  way  of  loss  of  property  or  consequent  expenses,  at  any  time 
since  the  passage  of  the  Act  to  organize  this  Territory,  viz:  May  31,  1854. 
The  said  Act  provides  for  the  taking  of  testimony  in  support  of  all  such 
claims,  collection  and  certification  of  vouchers,  and  making  a  true  and 
correct  statement  in  duplicate  of  all  such  accounts — one  to  be  laid  before 
the  next  Congress  of  the  United  States,  and  the  other  before  the  next 
Legislative  Assembly  of  Kansas  Territory,  to  the  end  that  proper  and 
united  efforts  may  be  made  to  obtain  from  Congress  compensation  and 
indemnity  for  the  losses,  expense  and  damages  incurred  by  the  citizens  of 
this  Territory  without  distinction  of  party.' 

The  paragraph  contained  in  Governor  Geary's  Message  was  the  foun- 
dation for  the  presentation  of  a  Bill  in  Congress  by  Gen.  Whitfield,  in 
January,  1857,  designed  to  secure  an  appropriation  for  the  objects  specified; 
but  the  prevailing  excitement  in  regard  to  Kansas  affairs  prevented  final 
action  upon  it  at  that  session. 

During  the  session  of  Congress  in  March,  1858,  Gen.  Strickler  for- 
warded to  Washington,  for  presentation,  his  report  and  the  testimony 
taken,  as  required  by  the  said  Act  of  February  23,  1856.  The  Territorial 
Delegate,  Hon.  M.  J.  Parrott,  had  the  matter  referred,  and  at  the  same 
session  presented  a  Bill  in  relation  to  the  losses  sustained  by  the  people  of 
Kansas,  the  provisions  [of]  which  he  believed  would  meet  the  views  and 
wishes  of  his  constituents.  The  unsettled  condition  of  Kansas  Affairs  and 
the  continued  troubles  in  the  southern  portion  of  the  Territory,  were  re- 
garded as  sufficient  excuse  for  the  committee  to  refrain  from  making  a- 
practical  report. 

In  January,  1858,  General  Strickler  reported  to  the  Legislature  in  re- 
gard to  his  proceedings.  Upon  that  report  no  action  was  had.  The 
Legislature  of  1858  was  the  first  in  which  the  people  of  Kansas  had  had 
control.  Upon  the  old  issues  of  "Free-State"  and  "Pro-Slavery,"  party 
feeling  continued  excited.  Owing  to  the  position  that  a  large  portion  of 
Free  State  settlers  had  previously  assumed,  antagonistic  to  a  voluntary 
recognition  of  the  laws  passed  by  the  Legislature  of  1855,  it  was  well  known 
that  many  sufferers  had  not  presented  their  claims,  which  mostly  range 
under  the  "private  class;"  while,  on  the  other  hand,  the  amounts  proven 
[*295]  by  and  allowed  to  individuals  for  contributions  *ahd  expenses 
sustained,  under  the  head  of  "public  class,"  were  of  a  character  that  the 
Free  State  men  in  that  Legislature  did  not  feel  themselves  bound  to  aid 
in  obtaining  compensation  for.  The  whole  subject,  consequently,  was 
again  passed  by  without  legislative  action. 

At  the  last  session  of  the  Legislature,  1859,  Governor  Medary  presented 
Gen.  Strickler's  report  in  full.  The  report  was  printed,  from  which  it 
appears  that  on  357  claims  presented,  he  awarded  on  the  private  class 
$254,279.25;  public  class,  $38,942.80.  His  report  contained  the  names  of 
claimants  and  amounts  awarded,  but  furnished  no  clue  to  the  nature  of 
the  claims,  except  by  a  perusal  of  the  actual  testimony  taken  in  each  case. 
Hundreds  of  claimants  throughout  the  Territory,  without  distinction  of 
party,  had  already  made  known  their  views  in  regard  to  the  completeness 
of  the  report  (not  through  any  intentional  neglect  on  the  part  of  Gen. 
Strickler,  but  for  reasons  already  referred  to),  and  the  Legislature  deemed 
it  expedient  to  act  upon  and  present  the  matter  to  Congress  in  a  si)irit  of 
harmony  and  conciliation — entirely  divested  of  all  party  feeling  and  re- 
gardless of  personal  animosities.  The  following  circular,  which  was  the 
result  of  the  joint  action  of  n  committee,  composed  of  representatives  of  all 


Friday,  July  22,  1859.  405 

parties  and  interests,  was  laid  before  the  Legislature,  and  its  contents 
favorably  received  by  that  body: 

indf:mnity  to  Kansas  sufferers. 

In  another  column  will  be  found  the  Bill  presented  by  Mr.  Clark,  "to 
provide  for  the  payment  of  claims,"  of  sufferers  by  the  Kansas  difficulties, 
to  which  we  invite  the  attention  of  our  readers.  It  presents  a  feasible  plan 
for  arriving  at  a  correct  and  just  estimate  of  the  losses,  and  proposes  a 
mode  of  relief  which  is  worthy  of  calm  consideration.  The  Bill,  perhaps, 
is  not  perfect,  and  at  first  glance,  without  explanation,  may  not  be  re- 
ceived as  favorably  in  all  respects,  as  circumstances  require,  and  the  in- 
terests involved  would  warrant;  but  it  can  readily  be  amended  so  as  to 
answer  the  object  designed,  without  necessarily  opening  the  door  to  a  class 
of  claims  against  which  the  feelings  of  the  mass  of  the  people  of  the  Terri- 
tory naturally  revolt. 

For  some  time  past  the  subject  has  been  under  consideration  by  several 
gentlemen  who  were  appointed  a  committee  on  behalf  of  the  sufferers,  with- 
out distinction  of  party,  and  they  have  corresponded  with  various  mem- 
bers of  Congress,  and  through  them  virtually  ascertained  the  views  and 
feelings  of  the  Government,  concerning  the  claims,  as  a  matter  of  just 
indemnity.  From  the  information  obtained,  it  is  evident  that  no  Consres- 
sional  action  thereon  can  be  had  at  the  present  session,  for  the  following 
reasons:  1st.  Because  of  the  early  expiration  of  the  term,  and  the  pressure 
of  the  general  business.  2d.  The  claims  are  not  yet  collected  together  in 
such  a  shape  as  to  warrant  their  presentation.  3d.  The  Secretary  of  the 
Treasury  opposed  the  introduction  of  any  matter  having  a  tendency  to  de- 
plete and  embarrass  the  public  treasury  under  present  circumstances.  4th. 
The  Administration  members  of  Congress  are  opi)Osed  to  having  the  sub- 
ject presented  in  any  form  that  may  revive  former  discussions  on  Kansas 
affairs. 

It  is  known  that  Mr.  Buchanan  has,  in  private  conversations,  expressed 
himself  favorable  to  a  proper  indemnity  of  individuals,  provided  the  Gov- 
ernment can  have  the  claims  presented  in  such  a  form  that  the  Territory 
stands  as  a  voucher  and  sponsor  for  the  reality  and  justness  of  the  several 
demands;  and  that  awards  be  made,  on  the  auditing  of  claims,  according 
to  some  general  rule  equally  api)licable  to  men  of  all  parties,  or  by  a  tri- 
bunal fairly  constituted  and  representing  the  several  interests  and  views  of 
the  political  parties  involved.  Many  members  of  both  Houses  of  Congress 
coincide  in  these  *\-iews.  but  they  will  never  consent  to  the  appointment  of 
•a  roving  commission  with  power  to  come  to  Kansas  and  hear  and  redress 
grievances  ad  libitum.  The  whole  subject  must  be  compressed  in  a  nut- 
shell, and  so  presented  as  not  only  to  avoid  discussion,  but  to  secure  the 
[*296]  *support  of  men  of  all  parties.  The  next  House  of  Representa- 
tives will  probably  [be  in]  opposition — the  Senate,  Democratic.  Whatever 
measure  of  indemnity  is  proposed,  must  have  such  fair  and  harmonious 
antecedents  in  the  Territory  that  Representatives  of  both  parties  may  be 
called  upon  to  stand  together  in  rendering  justice  to  their  friends  or  fellow- 
partisans  in  the  Territory.  Unless  a  liberal  policy  be  pursued — all  parties 
unite  in  their  efforts  here — success  in  Congress  will  be  very  doubtful. 

The  Bill  proposed  looks  to  the  General  Government  for  indemnity  for 
losses  sustained  by  a  great  number  of  our  citizens,  on  the  general  prin- 
ciple that  a  government  is  bound  to  protect  the  rights,  persons  and  prop- 
erty of  its  subjects  in  return  for  the  fulfillment  of  the  duties  of  loyalty, 
obedience,  support  and  contributions  which  the  latter  are  compelled  to 


406  CoN\^NTiON  Proceedings  and  Debates. 

yield.  The  duties  of  the  Government  and  the  governed  are  reciprocal.  By 
a  surrender  of  a  portion  of  his  natural  rights  on  becoming  an  integral  part 
of  civil  society,  man  virtually  places  himself  and  property  at  the  control 
of  the  C  overnment  and  is  entitled  to  protection  of  his  individual  rights. 
This  doctrine  was  recognized  in  the  Roman  Civil  Law,  became  a  portion 
of  the  Common  and  Statute  Law  of  England,  was  specially  declared  in  the 
"Code  Napoleon,"  and  has  long  received  the  sanction  and  hearty  approval 
of  the  people  of  our  own  country.  When  the  Government  has  neglected 
or  been  unable  to  protect  the  people  of  different  localities  in  their  lawful 
rights,  or  the  latter  have  been  damnified  through  the  action,  non-action,  or 
neglect  of  the  Government,  indemnity  has  been  given  repeatedly,  as  the 
claims  of  and  allowances  made  to  California,  Oregon,  Washington  Terri- 
tory, Florida  and  several  of  the  States,  for  Indian  depredations  and  other- 
wise, will  show.  The  repeal  of  the  Missouri  Compromise  revived  the  ex- 
citement and  called  [into]  activity  all  the  elements  of  strife,  which  had  por- 
tended serious  difficulty  in  1820.  Statesmen  readily  understood  what 
might  be  apprehended  as  a  natural  result  of  the  measure.  However  proper 
in  itself  might  be  the  wiping  out  of  a  merely  geographical  line,  as  incom- 
patible with  the  equality  and  unity  of  the  States  in  political  rights,  the 
opening  of  our  Territory  to  settlement  under  circumstances  and  in  a  man- 
ner calculated  to  invite  higher  sectional  interests  which,  it  was  evident, 
would  contend  with  each  other  for  supremacy,  was  an  experiment  in  self- 
government,  and  an  evidence  of  reliance  upon  the  patriotism  and  intelli- 
gence of  the  people,  highly  complimentary  to  the  latter,  but  dangerous  in 
its  character.  The  government  failed  to  perform  its  full  duty  by  enforcing 
the  principles  of  ec^ual  and  exact  justice  and  protection  to  all  interests 
alike  social  and  political.  These,  emigrants  from  all  sections  of  the  Union 
had  a  right  to  expect;  these,  the  Government  was  bound  to  maintain.  The 
result  we  have  all  seen  to  our  sorrow.  Instead  of  conciliating  the  Repre- 
sentatives of  sectional  interests  by  impartial  justice,  misrepresentatioiLS 
and  frauds  unparalleled  in  history  induced  the  adoption  of  a  policy  on  the 
part  of  the  Administration,  the  real  foundation  of  which,  as  well  as  its 
results,  is  now  properly  appreciated,  and  its  injustice  admitted  by  both 
instigators  and  instruments.  The  sooner  amends  are  made  by  the  General 
Government  the  sooner  will  peace,  prosperity  and  justice  prevail  in  our 
Territory.  The  moral  as  well  as  legal  responsibiMty  of  the  Government 
for  the  losses  sustained,  cannot  be  denied  or  repudiated. 

The  Bill  now  proposed  authorizes  the  issue  of  certificates  on  awards 
made,  upon  the  expectation  that  a  Congressional  appropriation  will  re- 
deem them.  This  can  be  secured  in  the  form  proposed,  by  incorporating' 
it  in  the  Ordinance  of  the  Constitution.  The  Territory  owes  it  to  its  citi- 
zens to  protect,  and  as  far  as  possible,  secure  their  rights.  The  success  of 
this  Bill  will  carry  joy  to  the  hearts  of  many  a  worthy  household.  The 
certificates,  whether  in  the  shape  proposed  or  included  in  a  funded  debt, 
will  be  available  and  afford  pecuniary  relief  to  many. 

Our  people  had  been,  for  so  long  a  time,  working  at  cross  purposes 
[*297]  against  each  other;  the  ^interests  of  the  bo7ia  fide  settlers  had 
been  so  often  made  the  football  of  politicians  and  partisans;  the  develop- 
ment of  the  material  interests  of  the  Territory  had  been  so  greatly  re- 
tarded; the  local  difficulties  arising  out  of  the  slavery  question,  directly 
or  indirectly,  had  so  often  caused  the  shedding  of  blood;  the  passions  of  a 
considerable  body  of  the  people  in  certain  portions  of  the  Territory  where 
suffering  from  the  loss  and  destruction  of  property  in  1S56  then  existed, 
^ad  Men  so  aroused,  that  the  Legislature  regarded  it  as  the  primary  step 


Friday,  July  22,  1859.  407 

towards  peace  and  prosperity  to  allay  political  asperities  by  an  act  of 
justice,  that  would  respect  the  views  and  secure  the  rights  of  all,  regardless 
of  party  proclivities.  The  unity  of  action  thus  proposed  by  gentlemen  of 
all  political  parties,  was  regarded  and  hailed  as  a  favorable  omen,  and  one 
that  could  not  fail  to  have  a  beneficial  effect  upon  the  future  of  our  Terri- 
tory. The  fact  that  most  of  the  losses  were  sustained  by  bona  fide  settlers, 
men  of  substance,  men  having  families,  men  who  had  come  here  to  make 
Kansas  their  home,  presuming  that  they  might  here  enjoy  the  same  hberty 
of  thought  and  speech  and  the  same  protection  to  what  they  understood 
and  believed  to  be  their  rights  of  property,  as  in  the  States  from  which 
they  came,  was  no  longer  a  matter  of  doubt.  It  had  been  demonstrated 
to  the  satisfaction  of  all,  that  most  of  the  outrages  complained  of  had  been 
perpetrated  and  property  taken  and  destroyed  by  a  class  of  irresponsible 
and  reckless  desperadoes  drawn  hither  through  the  excitement  and  appli- 
ances of  a  political  campaign  and  the  intervention  of  parties  and  partisans 
outside  of  the  Territory;  that  many  of  the  desperadoes  who  came  here 
were  governed  by  self-interest  instead  of  political  principles,  and  that  they, 
to  a  great  extent,  participated  in  the  warfare,  some  one  side  and  some  on 
the  other — in  fact,  th'^-t  outside  intervention  in  Territorial  affairs,  con- 
trary to  the  wishes  and  interests  of  the  real  settlers  of  Kansas,  caused  and 
continued  the  prolonged  strife.  But  for  such  intervention  on  either  side, 
the  real  settlers  would  soon  have  settled  their  political  differences  in  a 
legal  and  peaceable  manner,  provided  the  General  Government  had  af- 
forded them  the  protection  and  "fair  play"  guaranteed  them  by  the  Con- 
stitution. Time  and  the  ballot-box  were  all  that  were  necessary  to  demon- 
strate and  establish  whatever  the  people  of  Kansas  might  deem  for  their 
best  interests. 

With  a  patriotism  and  disinterestedness  that  could  not  fail  to  secure 
public  approval  party  feeling  was  buried  and  the  Act  of  Feb.  7,  1859,  was 
passed  and  approved  by  the  Governor. 

AN  ACT  to  provide  for  the  pa\Tnent  of  and  Adjustment  of  Claims. 

Be  it  enacted  by  the  Governor  and  Legislative  Assembly  of  the  Territory 
of  Kansas: 

Section  1.  That  three  Commissioners  shall  be  appointed  as  follows: 
One  by  the  Legislative  Council,  one  by  the  House  of  Representatives,  and 
one  by  the  Governor  of  the  Territory,  whose  duty  it  shall  be  to  audit  and 
certify  all  claims  for  the  loss  of  property  taken  or  destroyed,  and  damages 
resulting  therefrom,  during  the  disorder  which  prevailed  in  this  Territory 
from  November  1st,  1855,  to  December  1st,  1856. 

Sec.  2.  Said  Commissioners  shall  have  power  to  fix  the  times  and 
places  when  and  where  their  sessions  shall  be  held,  and  may  adjourn  from 
time  to  time  and  from  place  to  place,  at  their  discretion.  The  presence 
of  two  of  said  commissioners  shall  constitute  a  quorum  for  the  transaction 
of  business.  Said  commissioners  shall  prescribe  and  publish  such  rules 
and  regulations  concerning  the  taking  of  testimony  as  they  may  deem  ex- 
pedient, not  conflicting  with  the  laws  of  the  Territory.  They  shall  have 
power  to  send  for  persons  and  papers,  to  preserve  order,  issue  subpoenas, 
and  enforce  the  attendance  of  witnesses  in  the  same  manner,  and  with  like 
effect  as  the  district  courts:  Provided,  That  parties  seeking  to  prove 
their  claims  shall  pay  officers'  and  witnesses'  fees  in  the  same  manner  as 
required  by  law  hi  suits  in  said  District  Courts. 

[*298]  *Sec.  3.  Before  entering  upon  the  discharge  of  their  duties,  said 
Commissioners  and  their  officers  shall  each  take  and  subscribe  an  oath  be- 
fore some  competent  officer,  to  support  the  Constitution  of  the  United 


408  Convention  Proceedings  and  Debates. 

States,  and  the  provisions  of  the  Act  organizing  the  Territory  of  Kansas, 
and  that  they  will  faithfully  and  impartially  perform  the  duties  enjoined 
by  this  Act,  which  oath  shall  be  filed  with  the  Secretary  of  the  Territory. 

Sec.  4.  Said  Commissioners  may  appoint  one  or  more  clerks,  whose 
duty  it  shall  be  to  keep  a  true  and  proper  record  of  the  proceedings  before 
the  Commissioners,  preserve  all  papers  and  testimony  filed  in  relation  to 
claims,  and  perform  such  other  acts  pertaining  to  that  office  as  the  Com- 
missioners may  direct.  They  shall  be  allowed  for  their  services  four  dol- 
lars per  day,  and  ten  cents  for  every  mile  necessarily  traveled. 

Sec.  5.  The  compensation  of  said  Commissioners  shall  be  five  dollars 
per  day  each,  for  every  day  actually  engaged  in  the  discharge  of  the  duties 
imposed  by  this  Act,  and  ten  cents  per  mile  for  every  mile  necessarily 
traveled  in  the  discharge  of  said  duties,  and  their  actual  expenses  for  sta- 
tionery, postage  and  room  rent,  shall  be  certified  by  them  and  audited  by 
the  Auditor  of  the  Territory,  and  warrants  be  drawn  therefor  on  the  Terri- 
torial Treasurer.  Warrants  shall,  in  like  manner,  be  drawn  for  said  Com- 
missioners and  their  clerk  or  clerks,  for  such  sums  as  may  become  due  to 
them  from  time  to  time  for  their  services. 

Sec,  6.  Authority  is  hereby  given  to  said  Commissioners  to  fill  any 
vacancy  that  may  occur  in  their  number  by  death,  resignation  or  other- 
wise; and  to  administer  oaths  connected  with  the  duties  herein  specified. 
And  any  person  who  shall  swear  falsely  on  any  such  investigation,  whether 
a  claimant  or  witness,  shall  be  deemed  guilty  of  perjury. 

Sec.  7.  It  shall  be  the  duty  of  said  Commissioners  to  receive  and  ex- 
amine the  evidence  heretofore  obtained  by  the  Commissioners  appointed 
under  the  'Act  to  provide  for  the  Auditing  of  Claims,'  approved  Febru- 
ary 23,  1857,  and  they  may  adopt  or  reject  the  same,  or  any  part  thereof, 
as  shall  to  them  seem  just  and  right. 

Sec.  8.  The  provisions  of  this  Act  shall  only  apply  to  citizens  of  this 
Territory,  and  those  who  were  citizens  at  the  time  of  the  losses,  and  dam- 
ages sought  to  be  proven.  Executors  and  administrators  shall  be  per- 
mitted to  prosecute  claims  in  behalf  of  deceased  persons. 

Sec,  9.  Said  Commissioners  may  appoint  a  Sergeant-at-Arms,  whose 
duty  it  shall  be  to  serve  all  processes  issued  by  the  Commissioners,  and 
who  shall  receive  the  same  fees  and  mileage  as  arc  by  law  allowed  for  like 
services  in  the  District  Courts  of  the  Territory,  to  be  paid  by  the  claimant. 

Sec.  10.  Upon  the  completion  of  the  testimony  and  the  recording  of 
the  awards  in  each  case,  the  Commissioners  shall,  upon  demand  of  the 
claimant,  deliver  to  him  a  certificate  of  such  decision  or  award.  And  on 
or  before  the  first  day  of  September,  1859,  said  Commissioners  shall_  close 
their  proceedings  under  this  Act,  and  make  up  and  file  in  duplicate  in  the 
office  of  the  Secretary,  and  in  the  office  of  the  Auditor  of  the  Territory,  a 
statement  of  all  claims  presented,  and  the  amount,  if  any,  allowed  thereon; 
and  they  shall  likewise  file  in  the  office  of  the  Secretary  of  the  Territory, 
all  testimony,  vouchers,  papers  and  documents  pertaining  to  their  in- 
vestigations. 

Sec.  11.  It  shall  be  the  duty  of  the  Auditor  of  the  Territory,  upon  the 
delivery  to  him  of  any  certificate  of  award  given  by  said  Commissioners, 
to  draw  his  warrants  on  the  Treasurer  of  the  Territory  in  such  sums  as 
may  be  required,  for  the  amount  therein  named,  in  favor  of  the  party  to 
whom  such  award  has  been  made,  or  to  his  order,  and  dehver  the  same  on 
demand. 


Friday,  July  22,  1859.  409 

Sec.  12.  It  shall  be  the  duty  of  any  Constitutional  Convention  hereafter 
[*299]  to  assemble,  to  make  suitable  provisions  for  securing  the  *pay- 
ment  of  said  warrants  by  the  Federal  Government,  by  incorporating  in 
the  ordinance  to  be  submitted  with  the  Constitution  formed  a  provision 
to  that  effect. 

Sec.  13.  Nothing  in  this  Act  shall  be  so  construed  as  to  authorize  the 
payment  of  the  warrants  issued,  in  accordance  with  its  provisions,  before 
the  first  day  of  January,  1865,  unless  provision  shall  be  made  for  funding 
these  warrants  with  the  other  indebtedness  of  the  Terntory,  or  unless 
Congress  shall  sooner  make  provision  for  their  payment;  but  said  war- 
rants shall  bear  interest  at  the  rate  of  six  per  cent,  per  annum. 

Sec.  14.    This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  February  7.  1859.  S.  Medary, 

Governor  of  Kansas  Territory. 


AN  ACT  Supplementary  to  an  Act  entitled  'An  Act  to  provide  for  the 

Payment  of  Claims.' 
Be  it  enacted  by  the  Governor  and  Legislative  Assembly  of  the  Territory 
of  Kansas: 

Section  1.  That  the  Commissioners  appointed  under  and  by  virtue  of 
the  act  of  which  this  is  a  supplement,  before  entering  upon  their  respective 
duties,  shall  enter  into  bonds  to  the  Territory  of  Kansas  in  the  sum  of  ten 
thousand  dollars  each,  with  good  and  sufficient  security  to  be  approved  by 
some  one  of  the  Judges  of  the  Supreme  Court  of  said  Territory,  condi- 
tional upon  the  faithful  discharge  of  their  respective  duties,  and  shall  take 
and  subscribe  an  oath  before  a  judge  of  said  court,  to  support  the  Consti- 
tution of  the  United  States,  and  the  Organic  Act  of  this  Territory,  and  to 
faithfully  and  impartially  discharge  their  respective  duties. 

Sec.  2.  There  shall  be  elected  on  joint  ballot  of  both  branches  of  the 
Legislative  Assembly,  some  suitable  Attorney,  whose  duty  it  shall  be  to 
attend  the  said  Commissioners,  and  the  said  Attorney  shall  take  an  oath 
for  the  faithful  discharge  of  the  duties  of  said  office,  with  power  to  sub- 
poena witnesses  and  attend  to  all  business  wherein  the  Territory  is  inter- 
ested, for  the  purpose  of  securing  an  honest  and  faithful  investigation  of 
any  and  all  claims  which  may  be  presented  for  trial  before  said  Commis- 
sioners. 

Sec.  3.  That  said  Attorney  so  appointed  shall  have  such  sum  allowed 
him  for  his  services  as  will  be  provided  by  law. 

Sec.  4.  It  shall  be  the  duty  of  said  Commissioners  to  make  out  and  re- 
port on  the  first  Tuesday  of  July  next  to  the  Constitutional  Convention, 
the  first  day  of  its  meeting  at  Wyandotte,  a  complete  report  of  their 
actions,  which  said  report  shall  be  signed  by  the  said  Commissioners  and 
countersigned  by  the  Attorney  appointed  for  and  on  behalf  of  said  Terri- 
tory, and  shall  report  all  the  claims  presented  before  said  Commissioners 
for  allowance,  also  all  the  claims  by  them  allowed  and  all  proceedings  by 
them  had  upon  the  same,  to  the  next  annual  session  of  the  Legislature  of 
this  Territory. 

Sec.  5.  That  the  said  Commissioners  are  hereby  prohibited  from  issu- 
ing any  Territorial  scrip  or  bonds. 

Sec.  6.  That  the  certificate  issued  by  the  Governor  in  pursuance  of  the 
tenth  section  of  the  act  to  which  ihis  is  supplemental  shall  not  be  con- 


410  Convention  Proceedings  and  Debates. 

strued  as  binding  the  Territory  for  the  payment  of  said  claims  until  the 
same  shall  be  fully  authorized  by  subsequent  legislation  on  the  part  of 
the  Territory. 

Sec.  7.    This  Act  to  be  in  force  from  and  after  its  passage. 

We  must  be  excused  for  using  party  terms  in  an  official  report,  but  the 
peculiar  circumstances  involved  in  Kansas  politics  are  of  such  a  character, 
and  the  position  of  affairs  is  so  complicated,  that  we  confess  that  the 
points  necessary  to  be  eliminated  for  a  proper  understanding  of  the  sub- 
ject cannot  otherwise  be  arrived  at,  except  by  a  course  of  circumlocution 
now  quite  unnecessary. 

Under  the  provisions  of  said  Act,  the  Governor  appointed  Edward 
[*300]  Hoogland,  the  Coun*cil  elected  Henry  J.  Adams,  and  the  House 
of  Representatives  elected  Samuel  A.  Kingman,  as  Commissioners.  The 
object  aimed  at  in  distributing  the  selection  in  that  manner,  was  to  divest 
the  Board  of  a  partisan  character,  by  combining  therein  representatives  of 
the  different  phases  of  Territorial  politics. 

Under  the  Supplementary  Act,  Hon.  Wm.  McKay  was  on  joint  ballot 
of  both  Houses,  duly  elected  Territorial  Attorney,  in  regard  to  said  claims, 
who  has  been  with  us,  and  discharged  the  duties  specified. 

The  organization  of  the  Board  of  Commissioners  was  effected  at  Leav- 
enworth City  on  the  21st  day  of  February  last,  and  ever  since  that  date 
we  have  all  been  constantly  engaged  in  the  discharge  of  the  duties  devolved 
upon  us  by  said  Act.  Respecting  the  good  faith  implied  by  the  action  of 
the  Legislature,  and  in  order  to  avoid  even  the  appearance  of  party  pre- 
cedence, the  selection  of  a  Chairman  or  President  of  the  Board  was  dis- 
pensed with. 

On  organizing,  we  adopted  and  published  throughout  the  Territory,  for 
a  long  time,  the  following  Rules  and  Regulations. 

'KANSAS    SUFFERERS — NOTICE    TO    CLAIMANTS. 

Whereas,  under  the  provisions  of  "An  Act  to  Provide  for  the  Adjust- 
ment and  Payment  of  Claims,"  approved  Feb.  7,  1859,  the  undersigned 
have  been  duly  appointed  Commissioners  "to  audit  and  certify  all  claims 
for  the  loss  of  property  taken  or  destroyed,  and  damages  resulting  there- 
from, during  the  disorder  which  prevailed  from  Nov.  1st,  1855,  to  De- 
cember 1st,  1856."  The  said  Act  provides  for  the  taking  of  testimony  in 
support  [of]  or  opposition  to  all  such  claims;  the  preservation  of  all  such 
testimony  and  accompanying  vouchers;  and  that  duplicate  conies  be  made 
thereof,  for  the  purpose  of  presenting  such  claims,  in  a  tangible  form,  to 
the  Congress  of  the  United  States  for  pa}'ment,  in  connection  with  the 
ordinance  to  accompany  the  Constitution  under  which  Kansas  may  apply 
for  admission  into  the  Union. 

To  the  end  that  proper  and  united  efforts  may  be  made  to  obtain  from 
Congress  compensation  and  indemnity  for  the  losses  and  damages  sus- 
tained by  the  citizens  of  this  Territory,  without  distinction  of  party,  notice 
is  hereby  given  that  the  undersigned  Commissioners,  as  aforesaid,  will  hold 
sessions,  and  receive  and  act  upon  claims  and  proofs  under  said  Act,  ac- 
cording to  the  following 

RULES   AND    REGULATIONS. 

1.  All  persons  claiming  the  benefit  of  said  Act,  will  do  so  by  sworn 
petition  in  writing,  reciting  in  each  case  all  the  facts,  circumstances  and 
dates  upon  which  the  claim  is  founded,  and  present  the  bills  of  items  or 
other  vouchers  duly  authorized. 


Friday,  July  22,  1859.  411 

2.  All  claims  or  amounts  presented  must  be  supported  by  the  fullest 
proof  possible  to  be  obtained.  The  highest  legal  evidence  available  will 
be  required. 

3.  All  property  claimed  for  as  taken  or  destroyed,  must  be  described 
with  reasonable  certainty,  and  the  value  thereof  particularized  and  stated. 

4.  The  testimony  of  two  disinterested  witnesses,  upon  a  material  point 
of  statement  of  facts,  will  be  received  as  sufficient  prima  fac'e  evidence. 

5.  In  case  of  the  absence  of  material  witnesses  from  the  Territory, 
either  Commissioner,  will,  upon  application,  issue  a  suitable  commission 
for  the  taking  of  necessary  testimony. 

6.  Access  will  be  granted,  upon  application,  to  any  evidence  in  posses- 
sion of  the  Commissioners,  or  heretofore  filed  with  Commissioner  Strickler. 

7.  All  applicatiops  for  indemnity  or  claims  for  losses  must  be  made 
anew  to  the  present  Board  without  delaJ^ 

8.  The  Act  applies  only  to  citizens  of  the  Territory  and  those  who 
were  citizens  at  the  time  the  losses  and  damages  sought  to  be  proven 
accrued. 

9.  The  claims  specified  in  the  Act  are  those  arising  from  the  taking  and 
[*301]  destruction  of  prop*erty — not  for  services  or  voluntary  contri- 
butions. 

10.  Executors  and  Administrators  have  the  right  to  claim  on  behalf  of 
deceased  persons. 

11.  The  petition  and  vouchers  can  be  filed  with  the  Central  Clerk, 
Caleb  S.  Pratt,  Lawrence,  or  with  either  of  the  Commissioners. 

12.  Each  petition  and  accompanying  vouchers,  will  be  forthwith  ex- 
amined by  the  Commissioners  severally,  for  information,  and  then  delivered 
to  the  attorney  for  the  Territory. 

13.  Public  sessions  of  the  Commissioners  will  be  held  at  Leavenworth. 
Lawrence,  Osawatomie,  Tecumseh  and  Fort  Scott,  (and  perhaps  in  other 
localities  where  the  interests  of  the  Territory  or  the  convenience  of  parties 
may  reouire),  at  times  hereafter  to  be  designated. 

14.  The  Commissioners  desire  as  early  information  as  possible  of  all 
claims  intended  to  be  presented.  Such  information,  giving  the  names  and 
residences  of  applicants  and  their  witnesses,  may  be  communicated  by 
letter  to  the  central  clerk  or  either  of  the  Commissioners,  in  advance  of 
the  filing  of  the  petition.  This  is  necessary  in  order  that  the  Board  may 
be  prepared  as  early  as  practicable  to  estimate  the  amount  and  locality 
of  business  to  be  disposed  of. 

15.  All  petitions  and  applications  will  be  submitted  to  the  attorney 
on  the  part  of  the  Territory  (Judge  McKay)  as  soon  as  practicable,  for 
examination;  and  upon  his  suggestion  parties  vnW  be  required  to  produce 
before  the  Board,  in  public  session,  such  witnesses  as  he  or  either  of  the 
Commissioners  may  desire  to  examine  further.  Parties  will  be  duly  noti- 
fied of  the  time  and  place,  when  opposing  testimony  to  any  of  their  claims 
will  be  produced  and  heard. 

16.  As  a  general  rule  the  personal  attendance  of  witnesses,  whose  testi- 
mony may  accompany  petitions,  will  be  required  by  the  Board  at  a  public 
session,  for  public  examination  or  cross-examination,  in  relation  to  the 
facts  set  forth  in  such  petitions. 

17.  SubpcBuas  will  be  issued,  on  application  of  parties,  to  compel  the 
attendance  of  witnesses — claimants  paying  officers'  fees  for  serving. 

18.  A  final  hearing  may  be  had  upon  any  petition,  at  any  public  session, 
where  the  claimant  may  be  in  attendance  with  his  witnesses — provided 
such  petition  shall  have  been  filed  ten  days  before  such  hearing  is  de- 


412  Convention  Proceedings  and  Debates. 

manded;  but  such  ten  days  may  be  waived  by  the  Territorial  attorney 
or  either  [any]  two  of  the  Commissioners. 

19.  Awards  will  be  made  as  soon  as  practicable  after  final  hearing. 

20.  The  first  public  session  of  the  Board  will  be  held  at  the  Johnson 
House  in  Lawrence,  on  the  first  Monday  of  March  next,  and  continue 
from  day  to  day  as  long  as  business  may  present  or  render  advisable. 

21.  When  petitions  or  accompanying  affidavits  are  sworn  to  before  a 
justice  of  the  peace,  the  county  clerk's  certificate  and  seal  should  be  at- 
tached. 

The  act  above  mentioned  is  broad  in  its  provisions,  and  designed  to 
benefit,  without  distinction  of  party,  all  b:7ia  fide  citizens  of  the  Territory' 
who  sustained  losses  within  the  period  specified.  All  such  are  requested 
to  come  forward  as  soon  as  possible  and  present  just  and  honest  statements 
of  their  losses,  and  unite  their  efforts  in  accomplishing  the  object  in  view, 
by  enabling  the  undersigned  to  present  a  complete,  full,  fair  and  impartial 
statement  of  the  losses  and  damages  that  have  been  entailed  upon  the 
citizens  of  Kansas  by  the  political  and  social  questions  devolved  by  Con- 
gress upon  them  for  settlement. 

Dated  at  Leavenworth  City,  K.  T.,  February  21,  1859. 

Edw.  Hoogland, 
Henry  J.  Adams, 
S.  A.  Kingman, 

Com'rs  of  Claims. 

Accordingly,  sessions  have  been  held  in  all  the  counties  where  the  num- 
[*302]  ber  "of  claimants  *warranted;  and  by  advertisements  from  time 
to  time,  and  personal  exertions,  every  possible  facility  has  been  afforded 
to  the  sufferers  to  present  their  claims  and  produce  their  testimony,  with 
as  little  trouble  and  expense  to  them  as  possible. 

Since  the  date  mentioned  (Feb.  21,  1859),  we  have  received  petitions 
and  taken  testimony  in  463  cases.  Awards  have  been  made  to  417  claim- 
ants, amounting  to  §412,978.03.  Eighteen  claims  stand  suspended  for  want 
of  proof.  Two  cases  have  been  withdrawn,  and  26  claims  have  been  wholly 
rejected  as  inadmissible.  The  total  amount  of  suspended  claims  is  S25,- 
972.22,  probably  two-thirds  of  which  will  be  properly  established. 

Amount  of  "crops  destroyed,  $37,349.61;  number  of  buildings  burned 
and  destroyed,  78;  horses  "taken  or  destroyed,  868;  cattle  taken  or  de- 
stroyed, 533.  Amount  of  property  owned  by  pro-slavery  men,  $77,198.99; 
property  owned  by  Free  State  men,  $335,779.04.  Property  taken  or  de- 
stroyed by  pro-slavery  men,  $318,718.63.  Property  taken  or  destroyed 
by  Free  State  men,  $^94,529.40.  For  particulars  of  names  of  claimants, 
amounts  awarded,  and  the  principal  items  of  said  claims,  we  respectfully 
refer  to  the  tabular  statement  hereto  annexed,  as  a  part  of  our  report, 
and  marked  "A."  Of  the  three  hundred  and  fifty-seven  claims  audited  by 
the  former  Commissioner,  one  hundred  and  ninety-six  have  been  pre- 
sented to  us  for  adjustment,  and  the  action  thereon  will  be  found  in  the 
said  statement.  Doubtless  nearly  all  the  remainder  are  abandoned  by  the 
parties,  or  were  originally  presented  by  persons  who  have  since  removed 
from  the  Territory.  We  know,  however,  that  there  are  quite  a  number 
of  just  and  meritorious  claims,  which  either  are  not  submitted,  or,  accord- 
mg  to  the  rules  by  which  we  have  been  governed,  could  not  be  admitted 
under  the  present  law.  We  think  fifty  thousand  dollars,  in  addition  to 
the  awards  made,  will  be  sufficient,  with  close  inspection,  to  discharge  all 
such  demands  that  would  probably  be  presented  by  actual  citizens  of 
Kansas. 


Friday,  July  22,  1859.  418 

It  is  hardly  necessary  for  us  to  allude  to  the  extent  and  character  of 
our  labors.  The  result  is  before  you,  and  to  the  testimony  taken  in  sup- 
port of  the  claims  we  earnestly  invite  your  attention.  The  cases  are  all 
ready  for  your  inspection.  In  all  cases  we  have  required  the  fullest  and 
most  satisfactory  evidence  that  could  be  obtained,  and  have  made  no 
aw\ard  unless  we  believed  it  warranted  by  the  proof  and  the  language, 
spirit  and  intent  of  the  act  of  February  7,  1859.  under  which  we  were 
acting. 

We  will  not  enlarge  upon  the  character  and  bearing  of  the  testimony  on 
file.  Many  historical  facts  and  incidents,  as  \yell  as  detai's,  which  were  for 
a  long  time  regarded  as  party  or  individual  secrets,  are  developed  and 
distinctly  put  upon  the  record.  The  future  historian  will  find  in  the  testi- 
mony taken,  reliable  statements  by  the  actors  or  eye-witnesses  of  many 
interesting  and  important  events,  which  have  heretofore  assumed  more  or 
less  prominence  in  the  public  mind,  and  the  particulars  of  which  have  been 
incidentally  and  necessarily  drawn  out  in  the  progress  of  our  investigations. 
Without  assuming  to  direct,  advise  or  control  the  language  or  character  of 
any  of  the  revelations  thus  made,  we  have  permitted  witnesses  to  tell  their 
stories  in  their  own  way.  on  either  side;  and,  irrespective  of  the  "compli- 
mentary" terms  in  which  some  of  the  petitioners  speak  of  the  respective 
parties  in  1856,  we  have  regarded  their  ebullitions  of  feeling  as  the  natural 
result  of  the  wrongs  suffered,  the  murders  committed,  the  driving  off  from 
their  claims  of  defenceless  women  and  children,  the  sacking  of  towns,  the 
burning  of  dwellings,  the  destruction  of  crops,  the  plundering  of  house- 
holds, the  stealing  [of]  horses  and  cattle,  and  other  unlawful  acts,  and  not 
attempted  to  check  their  expressions;  for  men  of  both  parties,  and  their 
[*303]  families  *had  the  same  complaints  to  make  against  those  whom 
they  believed  to  have  been  their  enemies.  But  the  excesses  committed  by 
those  claiming  partizanship  in  the  war  on  one  side,  bear  little  equality 
with  those  charged  on  the  other,  so  far  as  the  proofs  are  before  us. 

It  is  an  admitted  fact,  that  in  the  early  stage  of  the  difficulties,  an  in- 
vasion and  assumption  of  the  rights  of  the  actual,  bona  fide  settlers  of 
Kansas  (claiming  legality  through  the  official  certificates  of  Governor 
Reeder),  led  to  resistance  against  what  was  regarded  by  the  majority  as 
tyrannical  and  unconstitutional  enactments,  which  had  for  their  ultimate 
object  the  establishment  of  an  institution  not  consonant  with  the  views 
and  wishes  of  such  majority,  and  brought  the  latter  into  collision  with  the 
Territorial  authorities.  The  federal  government  recognised  and  sust-^ined 
the  legislative  authority  on  record.  The  ballot  box,  violated  on  one  hand 
and  rejected  on  the  other,  and  the  malcontents  forced  into  a  pr'ma  facie 
illegal  and  factious  position,  it  is  not  to  be  wondered  at  that  misconception 
of  facts  prevailed  abroad,  or  that  violence,  bloodshed  and  carnage  ensued. 
An  assailing  force  was  introduced  from  abroad  to  sustain  the  laws.  Re- 
sistance took  organization  for  defence.  A  compromise  was  effected,  but  it 
proved  only  an  armistice  to  recruit  forces.  Both  jiarties  became  exas- 
perated. Sympathizers  and  adventurers  from  North  and  South  rushed 
into  the  Territory,  some  as  emigrants,  others  as  armed  regiments.  May, 
1856,  witnessed  an  assault  upon  a  city  by  an  armed  force,  using  artillery; 
the  assai'ants  alleging  and  many  believing  that  they  acted  under  authority 
of  the  United  States  Marshal  or  the  Territorial  laws.  A  mutual  guerrilla 
warfare  ensued.  Bands  of  armed  men  possessed  and  scoured  the  Terri- 
tory from  May  till  September.  All  law  was  abo'ished.  Settlers  who  par- 
ticipated least  and  discountenanced  the  proceedings,  suffered  the  most  loss. 
A  relentless  plundering  and  warfare  was  kept  up  in  many  localities.    Rob- 


414  Convention  Proceedings  and  Debates. 

beries  were  not  always  confined  to  political  opponents.  Hundreds  of 
families  were  plundered,  and  other  hundreds  were  compelled  to  leave  their 
homes  and  seek  safety  in  flight,  abandoning  their  all.  The  roads  were 
possessed  and  guarded  by  guerrillas.  The  mails  were  stopped  and  robbed. 
Communication  with  the  Northern  and  Eastern  States  was  principally 
cut  off.  The  U.  S.  troops  interposed  for  the  establishment  of  law  and 
order.  In  August,  hundreds  of  armed  men  came  in  from  Iowa  and  Ne- 
braska, and  actively  took  the  field,  according  to  their  s>Tnpathies.  Alleged 
guerrilla  parties  were  by  them  attacked  and  dispersed.  Again  a  neighbor- 
ing State  interfered.  A  defenceless  town  was  attacked  and  entirely 
burned.  September  1st,  the  largest  city  in  the  Territory  witnessed  the 
expulsion  of  many  of  her  citizens,  the  sacrifice  of  their  property  and  the 
shedding  of  blood.  Desperation  and  revenge  induced  more  active  retalia- 
tion. Again  a  neighboring  State  intervened,  and  an  army  of  two  thousand 
eight  hundred  men  was  organized,  and  marched  forty  miles  into  the  Terri- 
tory, to  expel  or  exterminate  opponents.  Governor  Geary,  by  diplomacy, 
diverted  them  from  their  purpose.  They  were  disbanded  and  retired  from 
the  Territory,  committing  murders,  robberies  and  outrages.  But  the  Gov- 
ernor finally  restored  peace.  Soon  after  the  Governor's  proclamation 
against  armed  bands  was  published,  hundreds  of  adventurers  retired  from 
the  Territory,  in  the  directions  whence  they  came,  taking  with  them  the 
results  of  their  expeditions.  These  facts  are  in  evidence  in  many  cases  now 
on  file  before  us. 

From  all  our  investigations,  we  are  confident  that  the  entire  loss  and 
destruction  of  property'  during  the  warfare,  from  November  1,  1855,  till 
December  1,  1856,  including  the  fitting  out  of  the  several  armed  expedi- 
tions, and  the  private  losses  incurred  on  both  sides,  could  not  have  been 
less  than  two  millions  of  dollars  (S2,0C0,C00).  We  believe  that  at  least 
[-304]  one-half  of  that  amount  was  chrectly  ^sustained  by  and  fell  upon 
actual  citizens  of  Kansas — the  hona  fide  settlers.  This  opinion  is  formed: 
1st.  From  the  amount  of  losses  clnimed  before  us,  (and  which  we  have  no 
doubt  were  actual  losses  and  expenses  to  the  individuals,  but  a  large  pro- 
portion of  which  we  could  not  allow  under  the  act  of  February  7,  1859). 
2d.  From  the  amounts  proven  up  before  the  former  Commissioner,  and 
which  have  not  been  presented  to  us  for  adjustment.  3d.  From  the  num- 
ber of  settlers  who  were  driven  away  from  the  Territory  and  hn^•e  never 
returned,  being  spirit-broken  and  discouraged  by  the  scenes  of  1856. 

Although  not  within  our  province,  we  may  be  excused  for  stating,  that 
from  the  most  reliable  information  that  we  have  been  able  to  gather,  by  the 
secret  v,-arfare  of  the  guerrilla  system,  and  in  well  known  encounters,  the 
number  of  lives  sacrificed  in  Kansas  during  the  period  mentioned  probably 
exceeded  rather  than  fell  short  of  two  hundred.  Many  affairs  in  which 
life  was  sacrificed  (on  either  side)  were  kept  secret,  and  the  particulars  are 
only  known  to  the  participants.  The  guerrillas,  from  motives  of  policy, 
seldom  made  known  the  result  of  their  operations.  But  the  number  of 
missing  persons,  and  the  letters  of  inquiry  for  individuals  addressed  so  fre- 
quently from  all  parts  of  the  Union  to  citizens  of  Kansas,  have  a  meaning 
and  s'gnificance  not  to  be  mistaken. 

That  the  ex-^itcment  in  the  Eastern  and  Southern  States  in  1856  was 
instigated  and  kept  up  by  garbled  and  exaggerated  accounts  of  Kansas 
affairs,  published  in  the  Eastern  and  Southern  newspapers,  is  true,  most 
true;  but  the  half  of  what  was  done  by  either  party  was  never  chronicled! 
Is  it  then  to  be  wondered  at,  that  hundreds  of  honest  and  peaceable  settlers, 
who  deemed  the  outrages  and  robberies  perpetrated  upon  them  to  have 


Friday,  July  22,  1859.  415 

been  aimed  at  them  individually,  on  account  of  their  political  but  really 
unobtruded  sentiments,  should  feel  a  dangerous  degree  of  bitterness  towards 
those  who  had  deprived  them  of  the  comforts  of  life  and  blasted  their 
early  prospects  in  the  Territory?  May  we  not  look  at  the  revelations  now 
made  in  a  philosophical  light,  and  by  presenting  to  the  country,  in  the 
most  practical  shape,  well  established  facts  and  their  results,  contribute 
our  mite  to  the  science  of  pohtical  economy  and  pubhc  pohcy?  The  facts 
stated,  develop  the  dangerous  tendencies  that  still  exist,  to  a  great  extent, 
in  the  public  mind,  and  must  convince  the  skeptical  that  real  peace,  friend- 
ship, cordiaUty  and  neighborly  sympathy  will  never  have  full  sway  over  the 
hearts  of  those  aggrieved,  so  long  as  their  wrongs  are  suffered.  The 
old  fires  are  liable  to  be  relighted  at  any  moment.  Old  antipathies 
will  over-ride  all  political  issues,  however  important.  In  many  instances, 
however,  Free  State  men  have  voluntarily  come  up  and  testified  to  im- 
portant facts  in  favor  of  pro-slavery  men,  and  pro-slavery  men  have  done 
the  hke  for  their  former  opponents;  in  others,  political  or  sectional  diffi- 
culties have  been  candidly  explained  and  mutually  traced  to  their  origin, 
without  prejudice  to  the  honor  or  principles  of  either  partisan;  and  in 
others  again,  men  have  risen  above  the  mere  demands  of  party  strife  and 
party  influence,  and  sought  to  promote  the  future  welfare  and  aggrandize- 
ment of  the  Territory,  shoulder  to  shoulder,  by  securing,  as  far  as  possible, 
indemnity  to  those  who  were  the  victims  of  circumstances  that  the  people 
of  the  Territory  could  not  control,  but  which  the  General  Government  was 
in  honor  and  in  duty  bound  to  protect  them  against,  by  maintaining  invio- 
late the  purity  of  the  ballot-box  on  the  one  side  and  the  rights  of  property 
on  the  other.  To  such  men,  whether  in  Congress  or  in  the  private  abode 
of  the  squatter — whether  in  the  Legislative  hall  or  a  Constitutional  Con- 
vention, the  candid  judgment  of  the  people  of  a  growing  and  prosperous 
State  will  in  due  time  do  justice. 

The  movement  in  regard  to  obtaining  from  the  General  Government  a 
[*305]  just  indemnity  to  *the  sufferers,  is  not  a  party  movement.  It  is 
founded  on  justice;  it  is  equitable;  it  is  due  to  the  people;  it  is  due  to  those 
who  participated  in  the  struggle  of  1S56,  in  defence  of  their  honest  convic- 
tions; it  is  an  important  step  towards  obtaining  a  demonstration  of  the 
natural  justice  and  generosity  of  the  American  character,  and  is  proposed 
and  urged  at  a  time  when  a  combination  of  circumstances  leaves  no  doubt 
of  its  success,  as  the  more  satisfactory  condition  of  affairs  in  the  Territory 
during  the  present  year  demonstrates  that  truth  and  justice  are  no  longer 
overruled  by  misrepresentation  and  fraud. 

To  the  following  extracts  from  the  late  Commissioner's  report,  submitted 
to  Consress,  March,  1858,  we  invite  attention,  as  showing  the  light  in 
which  the  subject  has  been  and  is  yet  viewed  by  the  representatives  of  the 
Administration,^ and  adducinq;  strong  reasons  for  relying  upon  the  General 
Government  for  that  indemnity  to  which  the  sufferers  are  justly  entitled: 

"It  cannot  be  denied,  that  from  the  commencement  of  the  agitation 
relative  to  the  organization  and  opening  of  the  Ind-an  Territory,  it  was 
foreseen  by  statesmen  and  politicians,  in  all  parts  of  the  Union,  that  a  great 
principle  was  to  be  settled,  that  public  excitement  would  arise,  and  that 
consequences  dangerous  to  the  peace  nnd  we'fare  of  the  Union  mieht  result 
from  attempting  to  blend  together  the  principles  and  interests  of  people 
from  different  portions  of  the  Union,  who  were  alike  ignorant  of  the  true 
social  condition  and  views  of  each  other,  and  equally  prejudiced  by  educa- 
tion and  political  associations,  against  what  one  or  the  other  regarded  as 
inherent  and  inalienable  rights. 

The  Kansas-Nebraska  act,  in  effect,  destroyed  all  compromises,  and  vir- 


416  Convention  Proceedings  and  Debates. 

tually  acknowledged  the  right  of  the  people  of  the  South  to  carry  their 
peculiar  institutions  and  property  to  the  extreme  North;  while  it  equally 
sanctioned  the  riiht  of  the  people  of  the  North  to  emigrate  to  territory 
south  of  36  deg.  and  30  min.,  and  there  establish  their  views  and  policy,  if 
numericall}'^  superior  to  those  who  affiliate  in  sentiment  and  action  with  the 
people  of  the  Southern  States.  Kansas,  from  its  salubrity  of  climate,  fer- 
tihty  of  soil,  commercial  advantages,  geographical  position,  and  mineral  and 
agricultural  wealth,  as  well  as  its  location  near  the  old  compromise  line, 
was  at  once  regarded  by  all  parts  of  the  Union  as  the  decisive  spot  where 
the  principles  referred  to  were  to  be  definitely  settled,  and  the  future  prog- 
ress or  prohibition  of  the  institution  determined. 

The  issue  was  made — the  trial  has  been  had — the  verdict  of  the  people 
has  been  rendered,  and  it  becomes  the  duty  of  all  good  citizens,  without 
distinction  of  party,  peaceably  to  submit  to  the  decision  of  the  majority. 

The  agitation  consequent  upon  the  trial  is  about  to  terminate.  The 
majority  of  the  people,  in  the  formation  of  a  State  government,  will  doubt- 
less exj^iress  and  enforce  their  own  views. 

Whi'e  it  is  a  matter  of  great  congratulation  that  the  great  issue,  with 
its  trials,  dangers,  losses  and  difficulties,  has  thus  been  brought  to  a 
termination,  the  General  Government,  as  the  representative  and  agent 
of  all  the  States,  owes  to  the  people  of  Kansas,  to  the  pioneers,  to  the 
settlers,  the  champions  of  public  opinion  in  the  States  from  which  they 
came,  a  debt  of  gratitude.  The  United  States  opened  the  Territory  for 
settlement  under  the  peculiar  circumstances — emigration  was  stimulated, 
an  ultra  political  element  full  of  prejudice  and  sectionalism,  which  had 
long  disturbed  the  country,  was  here  brought  into  the  practical  issues  of 
life,  aggravated  by  outside  interference  on  the  one  side  and  a  total 
failure  upon  the  part  of  the  "Federal  arm"  on  the  other,  to  preserve  the 
peace,  maintain  order,  and  protect  the  person  and  property  of  loyal  and 
peaceable  citizens  from  the  outrages  of  marauders.  The  apple  of  discord, 
which  had  so  long  created  trouble  and  anxiety  in  the  halls  of  legislation 
at  Washington,  was  cast  among  those  who  had  sought  to  make  their  homes 
upon  the  beautiful  prairies  of  Kansas,  and  for  the  contentions  that  thus 
arose  the  General  Government  is  responsible.  It  is  confidently  believed  by 
hundreds  of  all  parties  throughout  the  Territory  that  Congress  should  and 
would  make  an  appropriation  for  the  reimbursement  and  indemnification 
of  those  who  have  sustained  losses  directly  resulting  from  the  troubles 
incident  to  the  settlement  of  the  Territory.  Political  parties  and  residents 
of  one  portion  of  the  Union  or  the  other,  view  the  acts  of  their  opponents 
in  Kansas  unfavorably. 

But  common  justice,  and  a  reasonable  respect  for  men  who  claim  the 
prerogatives  of  American  birthright,  demand  that  the  acts  of  all  parties 
in  Kansas  be  regarded  as  the  legitimate  result  of  the  action  of  the  Gen- 
eral Governm.ent.  The  mantle  of  mutual  forgiveness  must  be  spread  over 
all  that  is  passed,  and  the  actors  and  participants  in  the  Territorial 
[*306]  ^troubles  be  regarded  by  their  opponents  as  men  who  zealously 
contended  for  their  rights  and  the  establishment  of  principles  in  which 
their  faith  and  confidence  was  sincere.  Making  due  allowance  for  each 
other  under  these  circumstances,  and  uniting  their  efforts  to  present  the 
facts  to  Congress  in  the  manner  contemplated  by  the  act  under  which 
this  commission  originated,  not  doubting  that  the  many  worthy  and  pa- 
triotic men  who  have  sustained  losses  will  have  their  grievances  redressed 
by  the  authority  to  which  they  have  a  right  to  i)resent  their  just  demands. 

In  reviewing  the  evidence,  it  will  be  seen  that  the  jiroof  in  some  cases 
is  comparatively  slight,  in  others  overwhelmingly  convincing. 


Friday.  July  22.  1S59.  417 

It  must  l)e  borne  in  mind,  that  as  incident  to  a  state  of  ciNil  war,  the 
disappearance  of  individuals,  loss  of  papers,  and  individual  asperities  of 
feeling  on  the  part  of  persons  who  might  be  useful  to  claimants,  are  to  be 
expected.  The  papers  herewith  submitted  are  as  complete  as  could  be 
expected  under  the  circumstances." 

Su6h  was  the  language  of  the  former  Commissioner,  an  appointee  of 
the  Representative  of  the  General  Government,  in  his  report  to  Congress 
above  mentioned.  His  position,  and  famiharity  with  the  events  alluded 
to,  entitled  it  to  weight  and  consideration,  and  secured  for  his  report  a 
favorable  reception,  which,  but  for  the  reasons  alreadj-  given  would,  prob- 
ably, have  resulted  in  specific  action.  We  quote'  the  language  now,  for 
the  purpose  of  showing  the  position  assumed,  and  the  admissions  then 
frankly  made. 

In  the  discharge  of  our  duties  as  Commissioners  under  the  law,  while 
we  have  not  felt  bound  to  regtilate  our  proceedings  bj'  all  the  technical 
rules  of  procedure  which  govern  courts  of  law,  we  have  i:ie\ertheless  been 
guided  in  our  investigations  and  decisions  by  the  rules  of  evidence  and 
those  great  principles  of  law  which  the  experience  of  ages  has  shown  to 
be  safe  guides  to  truth  and  justice;  and  although  we  have  labored  under 
a  heavy  sense  of  responsibility  and  earnest  desire  to  do  justice  to  all 
parties,  we  dare  not  claim,  or  even  hope,  that  in  all  cases  we  have  been 
able  to  do  exact  justice  to  claimants.  We  do  not  doubt  but  in  some  in- 
stances claimants  maj-  have  proved  more  than  they  could  justly  claim: 
and  again,  we  have,  no  doubt,  reduced  or  rejected  claims  that  were  meri- 
torious, because  the  proof  was  not  sufficient  to  justify  us  in  making  an 
award.  We  have  felt  boimd  to  decide  according  to  the  evidence  which 
we  have  put  on  record,  and  to  which  we  invite  your  attention. 

We  take  occasion  here  to  express  our  regret  that  the  public  mind 
should  have  been  misled,  as  we  fear  it  has  to  some  extent,  in  regard  to  the 
amount  and  character  of  the  awards,  by  published  statements  destitute  of 
truth,  and  by  false  conclusions  drawn  from  these  erroneous  statements. 
Whether  private  malice  or  partisan  feeling  may  have  dictated  such  reports, 
we  are  unable  to  say,  and  can  only  regret  that  men  who  profess  a  zeal  for 
truth  and  justice  should  so  far  have  neglected  truth,  and  by  their  reckless 
statements,  made  without  the  slightest  knowledge  of  the  facts,  created  a 
feeling  in  the  public  mind  which  tends  to  ptit  in  peril  the  only  chance  a 
large  and  meritorious  class  of  our  people  have  of  getting  from  the  Federal 
Government  indemnity  for  sufferings  and  losses  restilting  from  the  neglect 
of  that  government  and  its  failure  to  extend  that  protection  to  our  jieople 
which  was  their  due. 

Dated  at  Wyandotte,  K.  T..  .July  11.  1S5(». 

Edw.\kd  Houc.l.^n'u. 
Hexry"  J.  Ad.\ms, 
Samuel  A.  Kingman." 


"Wyandotte  City,  K.  T.,  Jidy  11,  ls5y. 
Haviufr  examined  the  loregoine  report.  T  herein-  approve  of  the  same. 

William  McK.4y.  Att'v." 


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Friday,  July  22,  1859.  431 

[*319j     *Mr.  Stinson.    I  move  that  the  report  be  referred  to  the  com- 
mittee on  ordinance  and  pubhc  debt 
The  motion  was  agreed  to. 

THE   COLORED   GENTLEMAN. 

Mr.  Graham.    Mr.  President,  I  rise  to  a  question  ot  privilege. 

The  President.  The  gentleman  from  Atchison  (Mr.  Graham)  rises  to 
a  question  of  privilege. 

Mr.  Graham.  For  the  purpose  of  making  an  inciuiry,  to  know  which 
party  has  the  "nigger."  I  have  not  heard  from  the  colored  gentleman  for 
twenty-four  hours. 

Mr.  Wrigley.  1  understand  him  to  be  in  possession  of  the  gentleman 
from  Atchison  (Mr.  Graham). 

Mr.  Stinson.  I  understand  that  the  gentleman,  in  looking  for  the  capi- 
tal question,  has  discovered  "a  negro  in  the  wood  pile." 

The  President.  The  Chair  will  announce  the  following  committee  of 
investigation:    Messrs.  Porter,  IMoore,  Simpson,  Hanway  and  Signor. 

Mr.  Ingalls.  Mr.  President,  if  it  is  in  order,  T  would  like  to  submit  a 
report  from  the  committee  on  phraseology  and  arrangement. 

The  President.  The  Chair  would  state  that  it  is  in  order.  Unless  there 
are  further  resolutions  to  be  offered,  reports  from  standing  committees  will 
be  in  order. 

Mr.  Ingalls.  Mr.  President,  I  wish  to  submit  the  following  report,  in 
behalf  of  the  committee  on  phraseology^  and  arrangement: 

The  committee  on  phraseology  and  arrangement  having  had  under  con- 
sideration the  articles  on  "education"  and  "public  institutions,"  respect- 
fully submit  the  following 

report. 

In  section  1  strike  out  as  far  as  the  word  "shall"  in  fifth  line,  and  insert 
the  words,  "The  State  Superintendent  of  public  instruction."  In  line 
eighth  strike  out  first  word  "shall."  In  lines  eight  and  nine  strike  out 
"shall  be  provided,"  and  substitute  "may  be  prescribed."  In  line  nine  strike 
out  "county"  and  read  "a."    In  line  ten  strike  "also." 

In  section  2  line  five,  strike  out  "other." 

In  section  3  line  two,  strike  out  "hereafter."  In  line  ten  strike  out  and 
substitute  so  as  to  read  as  follows:  "Estates  of  persons  dying  without  will 
or  heir."    In  line  eleven  strike  out  "also." 

In  section  4  lines  two  and  three,  strike  out  all  between  "funds"  and 
"shall";  change  "of"  to  "to."  After  provided,  read  as  follows:  "that  no 
school  district  in  which  a  common  school  has  not  been  maintained  at 
least  three  months  in  each  year  shall  be  entitled  to  receive  any  portion  of 
such  fund." 

In  section  5  lines  three  and  four,  strike  out  "an  election  authorized  by 
law,"  and  insert  "a  general  election."  In  line  five,  for  "an"  read  "for." 
In  last  line  strike  out  "per  centum"  and  read  "rate." 

Section  6  hne  one,  for  "the"  read  "all."  Line  three,  strike  out  "and." 
In  hne  four,  for  "owners"  read  "ownership."  In  line  eight,  strike  out 
words  "collected  in  the  several  counties."  Strike  out  all  after  word 
"schools"  in  line  sixteen. 

Section  7.  For  "provisions"  read  "provision."  Transpose  and  read  as 
follows  after  "establishment,"  "at  some  eligible  and  central  point,"  &c. 
After  literature  insert  "and."    In  line  si.x,  for  "the"  read  "all."    In  line 


432  CoNVEATioN  Proceedings  and  Debates. 

seven,  lor  "thut  may  arise/'  read  "arising";  for  "rents  or  sale,"  read  "sale 
or  rents."  In  line  eight,  strike  out  "the"  and  the  words  "that  may  be." 
In  line  ten,  for  "any"  read  "all."  In  line  eleven,  strike  out  "which  may 
be  made."    In  line  thirteen,  strike  out  "be  and." 

In  section  8.  In  line  two  strike  out  so  as  to  r§ad  "ever  control  any." 
In  line  three  strike  out  "funds." 

In  section  9  line  five  read  "of  the  university  lands  and  the  investment 
of  all  funds  arising  from  the  sale  or  lease  thereof."  In  line  six  strike  out 
[*320]  "any."  In  line  eight  strike  *out  "all,"  and  all  after  the  word 
"business." 

PUBLIC    INSTITUTIONS. 

Section  1  hue  four,  strike  out  "always."    Line  five,  strik(;  out  "and  be." 

Append  last  clause  of  .section  two  to  read  as  follows:  "Trustees  and 
superintendents  of  all  lienevolent  institutions  shall  be  nominated  by  the 
Governor  and  confirmed  by  the  Senate,  and  upon  all  such  nominations  the 
question  shall  be  taken  by  yeas  and  nays,  which  shall  be  entered  upon  the 
journal." 

Section  2.  Read  "A  penitentiary  shall  be  established,  the  directors  of 
which  shall  be  appointed  or  elected  as  prescribed  by  law." 

Section  3  line  first,  strike  out  all  between  "shall"  and  "that"  in  line 
two,  and  read  "shall  fill  any  vacancy." 

In  section  4  line  two,  strike  out  "in  some  suitable  manner,"  and  insert 
"as  may  be  prescribed  by  law."    In  line  six,  strike  out  all  after  "society." 

The  report  lies  on  the  table,  under  the  standing  rule. 

A   NOTARY    PUBLIC. 

Mr.  McDowell.  Mr.  President,  I  don't  know  whether  to  submit  my 
])roposition  in  the  shape  of  a  resolution  or  a  motion.  I  will  offer  it  in- 
formally as  a  motion,  that  the  committee  on  investigation  be  authorized 
to  employ  a  notary  j^ublic,  to  take  testimony  imder  oath. 

The  yeas  and  nays  were  demanded,  and  being  ordered  and  taken,  re- 
sulted— yeas  48,  nays  0 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Brown,  Baitou,  lUaris,  J.  Blood. 
N.  C.  Blood,  Crocker,  Dutton,  Foster,  Forman,  Graham,  Greer,  Griffith. 
Hip])le,  Hubbard,  Hutchinson,  HauM-ay,  Hoffman,  Houston,  Kingman, 
Ijillie,  Lamb,  Middleton,  Moore,  McDowell,  McCune,  McCullough,  Pres- 
ton, Palmer,  Parks,  Porter,  Ritchie,  Ross,  Signor.  Slough,  Stinson,  Stiar- 
walt,  Stokes,  Simpson,  Townsend,  J.  Wright,  WrigleN-.  T.  S.  Wright, 
Williams--4S. 

Nays— (). 

So  the  motion  was  agreed  to. 

Mr.  Slough.  Mr.  President,  in  order  to  give  this  committee  time  to  ac- 
complish this  object,  and  the  committee  on  phraseology  and  arrangement 
time  to  do  business  between  this  anrl  the  afternoon  session,  I  move  the 
Convention  adjourn. 

The  motion  was  agreed  to. 

The  Convention  accordingly  took  a  recess  till  3  o'clock. 


Friday,  July  22,  1859.  433 

AFTERNOON  SESSION. 

The  President  called  the  Convention  to  order  at  3  o'clock. 

Mr.  Stinson.  Mr.  President,  I  move  that  the  Convention  take  a  recess 
for  one  hour  to  permit  the  committee  on  Investigation  to  proceed  with 
their  labors  and  make  a  report. 

The  motion  was  agreed  to. 

The  Convention  accordingly  took  a  recess  till  4  o'clock. 

The  President  called  the  Convention  to  order  again  at  4  o'clock. 

A'r.  Stinson.  Mr.  President,  I  move  that  the  Convention  take  a 
further  recess  of  an  hour  to  allow  the  committee  on  Investigation  to  finish 
their  labors. 

Mr.  Blunt.    Will  the  gentleman  withdraw  his  motion  for  a  moment. 

Mr.  Stinson.    Yes,  sir. 

Mr.  Blunt.    Mr.  President,  I  offer  the  following  resolution. 

"Resolved,  That  the  committee  appointed  to  investigate  charges  of  cor- 
ruption on  the  part  of  members  of  this  body,  in  reference  to  the  location  of 
the  capitol,  be  instructed  to  inquire  into  all  other  matters  of  fraud  and 
corruption  that  are  in  any  way  connected  with  the  action  of  this  Conven- 
tion, and  have  full  power  to  send  for  persons  and  papers  for  the  same." 

The  resolution  was  agreed  to. 

Mr.  Thacher.  Mr.  President,  I  hope  this  Convention  will  not  adjourn 
any  further  on  account  of  this  matter.  Let  the  committee  pursue  their 
work  at  some  other  time.  I  think  the  time  of  the  Convention  can  be  much 
better  occupied  than  waiting  on  that  committee.  It  is  lifting  the  matter 
into  a  notoriety  it  does  not  deserve.    Let  us  go  to  work. 

[*321]     *Mr.  Stinson.    I  move  that  the  Convention  do  now  adjourn. 

The  motion  was  rejected. 

ORDINANCE. 

Mr.  Ingalls.  Mr.  President,  I  beg  leave  to  submit  a  report  from  the 
Committee  on  Phraseology  and  Arrangement. 

Mr.  Thacher.  I  would  enquire  whether  we  have  any  further  reports 
from  that  committee  before  us? 

Mr.  Ingalls.    I  think  there  is  one  not  acted  upon. 

Mr.  Thacher.    I  move  to  take  up  their  report  on  ordinance. 

The  motion  was  agreed  to  by  consent. 

Mr.  Parks.  Mr.  President,  as  chairman  of  the  Committee  on  Investi- 
gation I  ask  leave  for  that  committee  to  sit  during  the  session  of  the  Con- 
vention. 

The  leave  was  granted  by  consent. 

Mr.  Thacher.    I  move  the  report  be  taken  up  section  by  section. 

The  President.  Unless  objection  be  made  the  report  will  be  so  taken 
up  and  considered. 

The  committee  amendments  to  the  several  articles  were  severally  read 
and  adopted. 

The  article  on  ordinance,  as  amended  by  the  committee,  was  then 
adopted  as  a  whole,  and  referred  to  the  Committee  on  Phraseology  and 
Arrangement  for  arrangement  and  enrollment — under  the  rule. 

28 — 778 


434  Convention  Proceedings  and  Debates. 

education. 

Mr.  Kingman.  Mr.  President,  I  move  that  we  take  up  the  report  of 
the  committee  on  Phraseology  and  Arrangement  on  the  education  article. 

The  motion  was  agreed  to  by  consent. 

The  committee  amendments  were  read  section  by  section. 

^'r.  Palmer.  Mr.  President,  I  move  to  reconsider  the  vote  by  which 
section  5  was  adopted.  My. object  is  to  give  power  to  provide  for  the  sell- 
ing of  these  lands. 

Ui)on  a  di%-ision  of  the  House  the  Secretary  reported — affirmative  7, 
negative  11. 

The  President.  A  quorum  has  not  voted.  Will  gentlemen  please  to 
vote  ? 

The  motion  was  rejected — affirmative  9,  negative  16. 

Mr.  Wrigley.  I  propose  an  additional  section,  to  be  numbered  section 
10,  as  follows: 

"Section  10.  Nothing  in  this  article  contained  shall  be  so  construed  as 
to  mean  that  the  people  are  to  be  taxed  to  support  negro  schools,  or  that 
negro  or  mulatto  children  are  to  be  enumerated  in  the  d'stribution  of 
school  funds — and  it  is  expressly  provided  that  "neither  ne^o  nor  mulatto 
chiVlren  shall  be  educated  in  the  schools  provided  for  in  this  article." 

Mr.  President  Winchell.  (Mr.  Thacher,  the  President  pro  tern.,  in 
the  Chair.)  I  believe  the  subject  embraced  in  that  section  has  been 
before  acted  upon  by  this  Convention  and  hence  is  not  in  order. 

Mr.  Wrigley.    It  has  never  been  raised  in  this  shape. 

Mr.  President  Winchell.  Two  substitutes  have  been  acted  upon 
precisely  similar,  and  according  to  all  rules  of  order — 

The  President  pro  tempore.  The  Chair  will  state  that  one  nearly  iden- 
tical was  stricken  out  and  therefore  this  matter  cannot  be  reached  without 
a  motion  to  reconsider. 

Mr.  President  Winchell.  I  would  inquire  whether  the  Chair  sus- 
tains ray  order? 

The  President  pro  tempore.    It  does. 

]\'Ir.  President  Winchell.  I  move  then  that  the  article  be  adopted  as 
a  whole. 

The  article  on  education  as  amended  by  the  Committee  on  Phraseology 
and  Arrang-ement  was  then  adopted  as  a  whole;  and,  under  the  rule,  re- 
committed for  arrangement  and  enrollment. 

Mr.  Ingalls.    I  moA-e  that  the  Convention  do  now  adjourn. 
The  motion  was  agreed  to. 

The  Convention  accordingly  adjourned  till  to-morrow  mornmg  at  8 
o'clock. 

[*322]  *SATrRDAY,  July  23,  1859. 

The  Convention  met  at  8  o'clock,  a.  m. 
Prayer  by  the  Chaplain. 

The  absentees  on  roll-rail  were  Messrs.  Graham,  Hoffman,  Houston, 
Jpn^ni's,  Kingman,  May,  Preston,  Perry,  Simpson,  Townsend  and  T.  S. 
WriTht. 

The  journal  of  yesterday  was  read  and  authenticated. 


Saturday,  July  23,  1859.  435 

apportionment. 

Mr.  Blunt.  Mr.  President,  I  wish  to  inquire  if  the  committee  on 
Apportionment  are  ready  to  report? 

Mr.  Preston.  They  are  not  ready.  They  have  had  several  meetings, 
and  are  not  yet  able  to  agree.  They  agree  to  disagree.  I  will  state  further, 
that  if  the  Convention  would  reconsider  the  resolution  passed  at  an  early 
day  of  the  session,  instructing  the  committee  to  make  single  districts  of 
all  the  counties,  they  would  very  much  facilitate  our  business.  It  is  prob- 
able that  we  could  then  agree,  by  invitini  counties  and  giving  floating 
members.  I  would  ask,  in  behalf  of  the  committee,  that  that  resolution  be 
reconsidered  and  rescinded. 

The  PREsmENT,  pro  tempore.  The  impression  of  the  Chair  is,  that  the 
single  district  rule  was  stricken  out  of  the  bill. 

Mr.  Slough.  In  order  to  give  the  committee  on  Arrangement,  and  the 
committee  on  Apportionment,  an  opportunity  to  prepare  matter  for  the 
Convention.  I  move  that  the  Convention  take  a  recess  till  10  o'clock. 

The  motion  was  agreed  to,  and  the  recess  ordered  accordingly. 


The  President  resumed  the  Chair  at  ten  o'clock. 

committee  reports — skullduggery. 

Mr.  HipPLE  subm.itted  the  following: 

"Resolved,  That  all  the  committees  of  this  Convention,  excepting  the 
committee  of  Phraseology  and  Arrangement,  and  the  committee  on  Ac- 
counts, shall  submit  their  accounts  this  afternoon  at  three  o'clock,  and  that 
the  rule  which  requires  all  Reports  to  be  printed  be  rescinded." 

Mr.  Blunt.  I  move  to  except  the  conmiittee  on  Skullduggery  appointed 
yesterday. 

Mr.  Burris.    I  move  to  except  the  committee  on  the  Schedule. 

Mr.  Slough.  Mr.  President,  we  have  heretofore  from  t-me  to  time 
passed  resolutions  of  a  similar  character,  requiring  the  committees  to  re- 
port at  a  certain  time,  and  some  of  them  have  come  forward  and  asked 
for  further  time.  We  are  now  nearly  ready  to  adjourn,  and  there  is  no 
good  reason  why  the  committee  on  Schedule  should  delay  their  report. 
It  seems  to  me  that  we  ouoht  to  require  the  observance  of  the  rules  we 
adopt.  We  might  adjourn  by  the  middle  of  next  week,  if  these  reports 
come  in  as  they  ought. 

Mr.  Burris'  amendment  was  agreed  to,  and  the  question  recurred  on 
the  adoption  of  Mr.  Blunt's  amendment. 

Mr.  Parks.  Mr.  President,  on  the  part  of  the  investigating  committee, 
I  would  state,  that  last  evening  we  had  come  to  a  resolution  to  submit 
the  evidence  we  have  taken,  without  recommendation,  to  the  Convention. 
But  one  of  the  committee  at  that  time  spoke  of  other  evidence  thnt  ought 
to  go  into  the  report,  and  that  decided  us  against  reporting  till  Monday. 
The  evidence  is  complete  as  far  as  it  goes;  but  the  committee  ask  for 
further  time,  upon  this  information  of  a  member. 

Mr.  Stinson.    I  move  that  the  committee  be  instructed  to  report  the* 
evidence  in  their  possession  at  once. 

Mr.  Thacher.  I  am  opposed  to  that,  because  I  understand  that  there 
is  very  material  evidence  to  come  in.    And  so  long  as  we  have  raised  the 


436  Convention  Proceedings  and  Debates. 

committee,  I  think  we  ought  to  give  them  ample  time.  So  long  as  the 
Convention  has  appointed  a  committee  to  investigate  alleged  corruption, 
their  work  should  be  thorough. 

Mr.  Stinson.  If  they  are  allowed  to  send  messengers  all  over  the  Terri- 
[*323]  tory  to  hunt  up  *evdience,  they  will  not  be  ready  to  report  dur- 
ing the  session. 

Mr.  Slough.  I  have  enquired  of  the  chairman  of  the  committee  as  to 
who  are  the  witnesses  and  what  is  the  matter  to  which  they  are  to  testify, 
and  he  tells  me  that  he  is  not  informed.  Now  it  seems  to  me  if  there  is 
no  better  reason  for  delaying  the  report,  the  committee  ought  to  be  dis- 
charged. If  there  is  any  specific  witness  not  in  town,  whose  testimony 
is  important,  it  might  be  reasonably  postponed.  But  that  it  not  alleged. 
But  I  am  informed  that  a  partial  report  rr.ight  be  made  now;  and  then, 
if  necessary,  the  committee  could  have  farther  time  for  the  remainder. 

Mr.  BuRRis.  Mr.  President,  it  seems  to  me  that  this  Convention 
ought  not  to  want  a  partial  report.  The  committee  have  entered  on  the 
dischare  of  their  duties,  and  I,  for  one,  am  in  favor  of  probing  this 
thing  to  the  bottom.  I  desire  that  they  should  make  a  full  and  complete 
investigation,  and  report.  But,  says  the  gentleman,  we  are  desirous  to 
adjourn.  There  is  no  gentleman  on  this  floor  more  anxious  to  do  that 
than  myself;  and  I  would  not  be  in  favor  of  allowing  the  labors  of  the 
committee  to  interfere  with  the  action  of  the  Convention.  But  then, 
there  is  no  expectation  that  we  can  adjourn  earlier  than  the  middle  of 
next  week.  Then  let  the  committee  report  on  Monday.  We  want  all 
the  facts — full  and  complete — that  we  may  have  a  just  action. 

Mr.  HipPLE.  I  would  inquire  whether  any  messenger  has  been  sent 
after  witnesses? 

Mr.  Greer.  Mr.  President,  I  understood  the  gentleman  from  Leaven- 
worth (Mr.  Parks)  to  say  to  the  House,  that  on  yesterday  they  had  com- 
pleted their  testimony  and  were  ready  to  report.  But  that  a  suggestion 
was  made  to  the  committee  by  a  member,  that  other  matters  might  be 
gone  into,  and  thereupon  they  postponed  their  report.  But  I  understand 
that  the  testimony  is  now  complete,  as  far  as  any  question  has  been  be- 
fore them;  and  that  being  so,  I  cannot  see  how  gentlemen  can  refuse  to 
allow  the  report  to  come  in,  as  desired  by  the  other  gentleman  from 
Leavenworth. 

Mr.  Parks.  Mv.  President,  I  did  not  say,  that  all  the  matters  we  have 
had  before  us  were  complete.  1  stated  that  the  report  of  the  evidence 
itself  was  perfect.  But  1  understand  from  one  of  the  committee  that  these 
matters  will  all  come  up  again — that  there  are  other  witnesses,  and  that 
the  whole  case  will  all  have  to  be  gone  over  again. 

Mr.  Greer.  Mr.  President,  I  am  not  for  stifling  the  matter,  but  that 
everything  should  be  brought  before  the  Convention.  I  am  perfectly  will- 
ing that  gentlemen  should  have  ample  time,  and  that  all  ihe  time  of  the 
session  should  be  devoted,  if  necessary,  to  bring  the  whole  matter  before 
the  Convention  and  the  country.  But  it  seems  to  me,  that  gentlemen  can- 
not be  sincere  when  they  protest,  against  the  report  at  present,  and  allege 
against  us,  the  spirit  of  a  desire  to  suppress  investigation,  because  the 
case  furnishes  no  ground  for  a  proposition  of  this  kind.  I  do  not  see  why 
the  committee  may  not  report  what  has  been  already  brought  to  lidit. 
There  is  here,  it  seems  to  me,  a  disposition  to  stave  off  a  certain  question, 
and  every  gentleman  must  see  that  the  longer  that  is  put  off.  the  longer 
will  be  the  session.    There  are  several  questions — among  which  was  that  of 


Saturday,  July  23,  1859.  437 

the  temporary  location  of  the  Capital — that  were  postponed  on  yesterday, 
till  the  report  of  this  committee  should  be  made — at  least,  so  far  as  the 
gentleman  from  Douglas  (Mr.  Hutchinson)  was  concerned.  Now,  if  the 
committee  are  ready  to  report  in  reference  to  the  skullduggery  of  the 
gentleman  from  Douglas,  let  them  report  that,  and  have  leave  to  sit  again. 
That  may  be  done  legitimately;  and,  therefore,  strictly  speaking,  there  is 
no  reason  for  delaying  the  report. 

Mr.  Kingman.  Mr.  President,  I  cannot  myself  act  intelligently  on  this 
question,  involving  the  reputation  and  rights  of  members  and  other  parties, 
till  I  have  all  the  evidence.  Nor  have  I  made  inquiry  to  ascertain  how  far 
[*324]  the  evidence  has  ffone.  So  long  as  it  is  suggested  *that  there  is 
other  evidence  that  may  affect  my  judgment,  I  do  not  care  to  hear  a  par- 
tial report.  I  do  not  understand  the  chairman  of  the  committee  as  say- 
ing, that  the  proposed  evidence  would  not  affect  any  particular  question, 
but  that  it  would  affect  the  whole  matter.  We  have  assumed  to  investi- 
gate a  grave  charge;  and  now  shall  we  have  a  report,  when  it  is  said  there 
is  other  evidence  not  yet  taken,  which  may  affect  the  whole  investigation? 
The  only  object  should  be  to  induce  a  just  decision. 

Mr.  Stinson.  Mr.  President,  we  do  not  know  what  the  report  will  be 
till  we  hear  it.  As  I  understand  the  case,  it  is  charged,  that  a  certain 
member  from  Douglas  county  had  attempted  to  corrupt  another  member 
of  this  body.  Now,  let  the  report  come  in,  and  let  either  of  these  gentle- 
men show  to  the  Convention  that  he  requires  further  time,  and  ro  man 
will  be  more  wiring  to  grant  it  than  I.  I  do  not  want  to  see  the  Conven- 
tion adjourn  without  a  report  and  decision  upon  this  matter. 

Mr.  Blunt.  Mr.  President,  I  protest  against  any  action  that  will 
prejudice  parties.  I  thought  I  could  see  sharp  practice  contemplated  at 
the  time  the  resolution  to  raise  this  committee  was  introduced.  And  being 
convinced  that  it  contemplated  prejudice  against  a  certain  locality  for  the 
temporary  seat  of  government,  I  proposed  to  amend  the  resolution  so  as 
to  require  the  committee  to  extend  their  field  of  operations,  that  they 
miTht  investigate  all  matters  of  fraud  and  corruption  ha-ving  relation  to  the 
action  of  this  body.  And  now  I  perceive  that  those  gentlemen  who  were 
at  first  in  favor  of  raising  this  committee  on  Skullduggery,  when  they  see 
it  is  likely  to  implicate  other  parties,  and  bring  out  other  evidence  of  fraud 
and  corruption,  not  exactly  connected  with  the  question  of  the  distribu- 
tion of  "corner  lots,"  they  propose  to  stave  off  action.  Sir,  I  protest 
against  that.  If  we  have  gone  in  for  it,  let  us  have  a  full  and  fair  investi- 
gation of  all  the  facts.  I  think  T  can  see  a  little  sharp  practice  this  morn- 
ing. I  think,  that,  upon  the  heels  of  receiving  this  report,  which,  in  its 
character,  must  be  ex  p::rte,  there  will  be  an  attempt  to  rescind  the  resolu- 
tion we  passed  yesterday  to  postpone  the  fixing  of  the  seat  of  government; 
and  while  that  ex  pnrte  report  is  before  the  minds  of  members,  they  will 
propose  to  go  into  the  selection  of  the  temporary  seat  of  government,  and 
so  avail  themselves  of  all  the  erroneous  and  prejudicial  impressions  which 
this  partial  report  may  produce.  I  protest  against  such  action,  sir.  I 
think  it  comes  with  an  ill  grace  from  those  who  were  so  fearful  of  being 
.  contarrunated  by  evil  associations  as  to  raise  this  committee,  now,  when  it 
is  proposed  to  investigate  all  the  evidences  of  fraud  and  corruption,  to 
•strive  to  stave  off  investigation  I 

Mr.  McDowell.  Mr.  President,  the  gentleman's  remarks  seem  to  be 
entirely  gratuitous.  The  motion  under  consideration  does  not  contemplate 
anything  in  the  nature  of  that  which  the  gentleman  charges.    It  is  simply 


438  Convention  Proceedings  and  Debates. 

to  have  the  evidence  in  the  cause  upon  which  the  committee  was  raised,  re- 
ported to  this  body — that  is,  whether  a  member  from  Douglas  county  had 
attempted  to  bribe  another  member  upon  this  floor.  The  chairman  of  the 
committee  suggested,  that  so  far  as  that  charge  was  concerned,  they  were 
ready  yesterday  to  report.  As  to  the  other  branch  of  the  resolution,  that 
testimony  should  be  taken  on  other  charges,  no  gentleman  has  desired  to 
abridge  that.  This  side  of  the  House  voted  for  it;  and  this  side  of  the 
House  still  proposes  to  carry  out  the  investigation.  But  this  branch  of  the 
resolution  certainly  did  not  propose,  that  the  House  should  be  delayed  in 
relation  to  that  other  and  very  grave  charge  about  which  testimony  has 
been  closed  and  the  committee  are  ready  to  report.  I  say,  sir.  that  the  re- 
marks of  the  gentleman  from  Anderson  are  not  warranted  by  anything 
that  has  been  done  in  Convention — that  they  are  gratuitous  and  untrue. 

Mr.  Parks.  Mr.  President,  my  collea^-ue  (Mr.  McDowell)  is  sightly 
mistaken.  The  gentleman  from  Lykins  (Mr.  Simpson)  remarked  to  the 
[*325]  committee  that  he  had  been  informed  *of  certain  evidence  that 
was  material  to  the  charges.  He  did  not  say  whether  it  belonged  to  the 
charges  against  the  trentleman  from  Douglas  (A^r.  Hutchinson),  or  whether 
it  belonged  to  the  Boundary  question,  the  Capital  question,  or  what. 

Mr.  Blunt.  Mr.  President,  I  have  stated  nothing,  here  as  a  mere 
matter  of  fact,  but  merely  gave  my  own  impressions;  and  the  conclusions 
I  had  come  to  from  certain  engineering  and  manoeuvering  scenes  here 
yesterday:  and  I  think  I  have  a  right  to  come  to  such  conclusions.  I 
stated  nothing  as  a  fact.  Hence  the  charge  of  the  gentleman  that  my 
statements  were  untrue,  can  have  no  effect.  I  am  certainly  allowed  to 
judge  of  the  motives  of  gentlemen  by  their  actions.  In  relation  to  the 
seat  of  government,  I  will  say,  that  I  am  willing  now  to  go  into  the  se- 
lection without  any  report  at  all.  I  am  willins,  either  that  the  resoUition 
of  yesterday  should  be  reconsidered  and  rescinded,  or  that  it  should  re- 
main till  the  committee  shall  have  had  time  to  report.  But  I  do  not 
want  to  go  into  the  selection  of  the  seat  of  government  upon  a  partial 
report  of  these  matters,  because  I  think  it  would  be  placing  parties  in 
an  embarrassing  condition,  and  prejudice  their  interests. 

Mr.  Thacher.  Mr.  President,  the  history  of  this  thing  is  singular, 
and  would  pay  to  be  written  out.  In  the  first  place,  a  paper  that  I  never 
saw,  was  quietly  circulated  in  the  House,  purporting  that  the  member 
from  Douglas  (Mr.  Hutchinson)  had  offered  to  bribe  a  certain  person 
whose  name  was  afffxed  to  the  paper,  and  it  was  used  very  industriously 
here  as  an  argument  why  Lawrence  should  not  be  the  seat  of' government. 
My  excellent  and  somewhat  earnest,  enthusiastic,  ardent  and  erratic  friend 
from  Shawnee  (Mr.  Ritchie)  threw  out  some  remarks  on  the  subject. 
This  was  followed  by  the  proposition  from_  the  gentleman  from  Leaven- 
worth (Mr.  Slough)  to  raise  a  committee  of  investigation  upon  the  allega- 
tion that  the  Douglas  member  had  sought  to  bribe  another  member  to 
vote  for  Lawrence,  as  the  capital,  setting  forth,  that,  whereas  a  certain 
delegate  has  sought  to  bribe  a  member  upon  this  floor — 

Mr.  Parks  interposing.    I  do  not  like  the  line  of  argument  the  gentle- 
man is  pursuing,  when  he  knows  that  I  have  told  him  that  in  the  first, 
resolution  there  was  a  mistake. 

Mr.  Thacher.  Mr.  President,  I  have  given  a  true  history  of  the  case 
so  far.  And  immediately  upon  the  heels  of  that  resolution,  a  gentleman 
deeply  interested  in  the  location  of  the  Capital  at  Topeka,  arose  and 
moved  that  the  Convention  proceed  to  the  temporary  location  of  the  seat 


Saturday,  July  23,  1859.  439 

of  government.  I  submit  now,  whether  that  motion  was  the  fair  thing: 
immediately  after  having  thrown  out  the  grave  charge  indicated  in  the 
resolution  of  the  gentleman  from  Leavenworth,  with  which  this  question 
was  connected — I  submit  whether  it  was  fair  to  make  a  motion  then  to 
go  into  the  selection  of  the  seat  of  government.  However,  the  Convention 
entertained  the  gentleman's  resolution.  Then  I  rose  and  stated,  that,  as 
it  had  been  charged  that  the  gentleman  from  Douglas  had  been  trying  to 
bribe  another  member,  I  would  propose  a  substitute  for  the  gentleman's 
resolution,  submitting  the  entire  question  to  the  people,  thereby  indicat- 
ing most  clearly  and  unmistakably  that  we  in  Douglas  county  were  per- 
fectly willing  to  submit  the  entire  question  to  the  people.  And,  sir,  it  is 
known  to  every  gentleman  here  how  this  proposition  of  mine  was  met — 
dodged  I  will  say — for  finally  the  whole  question  was  postponed  till  we 
could  hear  from  this  committee  of  investio-ation.  I  knew  there  were  other 
things  in  the  case  besides  the  simple  charge  against  the  delegate  from 
Douglas  county.  I  therefore  offered  the  resolution  that  the  conimittee  be 
instructed  to  inquire  into  all  charges  of  fraud  connected  with  this  location 
of  the  Capital.  I  apprehend  that  instead  of  confining  the  committee  to 
the  single  charge  against  the  gentleman  from  Douglas  county,  it  were 
better  to  investigate  the  whole  matter,  and  I  therefore  offered  the  sub- 
[*326]  stitute,  and  it  became  *as  though  the  original  resolution  had  con- 
tained what  I  submitted  as  an  amendment,  and  it  was  made  the  duty  of  the 
committee  to  investigate  all  charges  of  fraud  in  connection  with  the  loca- 
tion of  the  Capital.  And  now  it  is  proposed  to  have  a  partial  report,  in 
order  that  the  jury  may  have  only  half  the  matter  before  them.  For  if 
rumor  be  true,  there  will  be  as  much  evidence  against  other  towns  as  have 
been  alleged  against  Lawrence.  I  apprehend,  that  when  political  consid- 
erations are  offered  for  a  man's  vote,  the  inducement  is  as  great  as  though 
a  "corner  lot"  were  offered,  and  I  cannot  perceive  any  difference  as  to 
principle  between  them.  This  committee  was  not  raised  by  the  Republi- 
can members,  but  by  the  other  side.  And  all  we  ask,  now,  is,  to  let  the 
committee  get  all  the  evidence  they  can.  Do  not  try  to  get  a  partial  re- 
port, to  prejudice  action  in  the  case.  Let  us  see  precisely  how  much  treat- 
ing and  bartering  has  been  gone  into  here.  But  I  protest  against  gentle- 
men, after  having  raised  their  committee  for  a  specific  victim,  and  after 
having  found  that  they  have  caught  a  Tartar,  trying  to  forestall  the  action 
of  that  committee.  I  say  to  you,  gentlemen,  give  them  time  to  hear  the 
case.  You  raised  the  committee  for  your  own  purposes:  do  not  try  to 
forestall  their  action  because  it  is  not  likely  to  result  as  you  desire.  The 
principle  upon  which  you  are  proceeding  is  unfair;  for  the  motion  betore 
the  Convention  abandons  the  whole  matter  of  the  charge.  Let  us  see 
whose  votes  have  been  influenced  by  political  considerations,  as  well  as 
who  has  been  proposing  to  buy  votes  out  and  out,  by  the  offer  of  "corner 
lots."  In  either  case  there  is  a  great  sacrifice  of  principle,  and  I  think 
the  former  is  the  greater  of  the  two.    Let  us  have  a  full  investigation. 

Mr.  Ritchie.  Mr.  President,  in  the  first  place  I  must  thank  the  gentle- 
man from  Douglas  (Mr.  Thacher)  for  his  compliment  toward  me  per- 
sonally. I  shall,  as  far  as  possible,  proceed  directly  to  the  \dndication  of 
myself  in  this  case — giving  my  recollection  of  all  that  has  come  before  us 
in  reference  to  this  Capital  question.  My  friend  from  Douglas  (Mr. 
Thacher)  has  a  brother,  who  is  the  publisher  of  one  of  the  leading  papers 
of  the  RepubUcan  party  in  the  Territory.  I  have  a  communication  from 
him,  charging  that  he  had  heard  that  the  Topeka  delegation  had  "sold 
out  to  the  northern  annexationists" — and  if  any  gentleman  desires  the 
document,  it  is  here  and  can  be  seen  and  read. 


440  Convention  Proceedings  and  Debates. 

Mr.  N.  C.  Blood.  Mr.  President,  I  object  to  hearing  personal  explana- 
tions. 

Vv.  Ritchie.  I  desire,  sir,  not  to  be  placed  in  a  position  that  would 
sacrifice  Republican  principles  for  any  consideration  whatever. 

Mr.  Thacher.  I  have  no  objection  to  the  reading.  But  I  would  correct 
the  gentleman.    The  writer  is  my  cousin — not  my  brother. 

Mr.  Ritchie.  Mr.  President,  I  am  in  for  probing  corruption  to  the  core. 
I  ask  no  favors.  Let  the  scorn  of  all  my  friends  fall  upon  any  individual 
who  goes  about  bribing  by  fraudulent  and  corrupt  influences.  Let  it  fall 
as  hard  upon  Topeka  as  upon  Lawrence,  if  found  guilty. 

[The  paper  was  read — of  which  the  Reporter  has  only  the  following 
sketch] : 

"Republican  Office,  K.  T. 

July  15,  1859. 

My  Dear  Sir, — I  have  heard  it  stated  that  the  Topeka  delegation  are 
all  going  for  the  annexation  of  Southern  Nebraska.  I  sincerely  trust  this 
is  not  so.  No  measure  could  be  more  fatal  to  Republican  interests  in  Kan- 
sas," &c. 

Mr.  Ritchie.  The  Topeka  delegation,  sir,  have  voted  upon  this  ques- 
tion straight  against  annexation — every  man.  And  it  is  well  known  to  the 
Convention,  that  I  held  up  this  right  arm,  saving.  Rather  than  have  the 
Administration  at  Washington  to  come  in  and  control  us  here  by  such  a 
vote,  it  should  fall.  We  all  recollect.  And  that  th's  slander,  deep,  black 
and  damning,  was  only  refuted  by  that  speech.  So  deep  and  black  was  the 
stain  fixed,  that  nothing  but  my  vote  and  speech  could  restore  to  me  again 
the  post  of  honor,  and  honorable  standing  in  this  Convention.  Sir,  when 
[*327]  Repub*lican  members  attempt  to  make  a  drive  at  my  honor, 
I  feel  that  it  [is]  as  much  a  murder  to  be  killed  by  a  Douglas  county  man 
as  by  a  Leavenworth  county  man.  Sir,  I  must  be  consistent.  In  my 
first  speech  here  I  said,  that  my  sense  of  patriotism  made  me  here  a 
representative  for  all  parts  of  the  Territory — that  I  should  spread  my- 
self all  over  it — if  it  was  but  "a  spreading"  like  that  of  poor  Frank 
Pierce.  (Laughter.)  I  want  the  capital  located  at  Topeka.  I  am  not 
going  to  skulldug  anybody  about  that.  That  is  so,  distinctly.  And, 
under  the  circumstances,  I  do  not  believe  that  any  member  of  this  Con- 
vention could  do  an  act  of  more  strict  justice  than  to  fix  it  at  that 
point.  This  opinion  is  honest.  I  settled  there  at  Topeka  four  years 
ago,  and  I  settled  there  with  a  view  to  such  a  Ication.  I  settled  there 
long  before  my  friend  from  Douglas  ever  saw  the  Territory.  It  was  after 
the  Republican  radicals  had  driven  back  the  enemy,  that  he  came  on 
here  in  all  his  glory,  without  the  shedding  of  one  drop  of  blood.  I  was 
located  here  before  he  came  here  to  talk  so  eloquently  about  those  scenes 
of  blood.  I  have  seen  the  blood  run,  sir,  poured  out  from  the  hearts  of 
men  who  laid  down  their  lives  for  freedom,  and  now  I  must  be  sacri- 
ficed— my  honor  mjust  be  put  down  in  order  that  Lawrence  may  triumph! 
Sir,  I'd  see  her  in  hell  first!  (Lansrhter.)  I  ho'ieve,  sir,  that  every  dele- 
gate from  Douglas  coimty,  save  Thacher,  is  willing  and  anxious  that  that 
delegation  may  not  suffer  under  this  damning  allegation  of  perjury,  but  that 
they  are  as  anxious  as  other  members  to  fasten  the  odium  upon  the  man 
that  is  guilty — and  if  Thacher  was  knowing  to  the  act,  he  is  as  guilty  as 
any  other  man.  And  when  I  saw  that  "bribery"  article  in  the  Lawrence 
Republican,  I  took  him  the  paper,  and  asked  him  for  an  explanation.  But 
he  would  not  give  it.  I  told  him  that  I  had  certificates  in  my  possession, 
and  he  knew  it.    I  shall  go  for  the  deepest  investigation  by  this  committee, 


Saturday,  July  23,  1859.  441 

and  I  hope  time  Will  be  granted  to  them.  I  do  not  want  to  make  capital 
on  partial  evidence.  That  would  be  to  make  double  capital — and  Thacher 
knows  it. 

The  President.  The  gentleman  from  Shawnee  will  observe,  that  it  is 
not  in  order,  on  the  floor,  to  call  gentlemen  by  their  proper  names. 

Mr.  Ritchie,    I  ask  pardon,  sir. 

Mr.  Thacher.  Mr.  President,  I  shall  be  careful  to  avoid  anything  of 
that  sort.  I  will  simply  say  to  the  President  of  the  Convention,  that  he 
might  have  discovered  something  of  this  character  in  my  reference  to  the 
gentleman  from  Shawnee  (Mr.  Ritchie)  as  my  ardent,  enthusiastic,  but 
somewhat  erratic  friend.  But  the  gentleman  has  given  an  exhibition  ol 
these  characteristics.  And  all  these  things  have  force  in  them!  It  is  an 
argument  that  the  capital  should  be  located  at  a  certain  point,  because  the 
gentleman  from  Shawnee  has  lived  there  four  years!  And  because  a  point 
of  honor  with  that  gentleman  is  involved,  the  whole  people  are  to  be 
called  upon  to  vindicate  his  honor  by  a  particular  location  of  the  capital! 
As  far  as  his  charges  are  concerned,  I  have  simply  this  to  say:  that  the 
same  gentlenian  who  brought  the  article  to  me,  stated  at  the  same  time  that 
it  was  charged  that  the  Lawrence  delegation  had  gone  into  a  AJnneola 
scheme,  and  agreed  with  me  that  all  these  things  ought  to  be  esteemed  un- 
worthy of  mention  in  this  body,  but  that  it  was  better  to  let  the  com- 
mittee pass  upon  all — not  stifle  anything.  I  admit  the  force  of  the  argu- 
ment of  a  residence  for  four  years — looking  to  the  location  of  the  capital! 
A  man's  honor,  also,  is  a  matter  of  grave  consideration  in  connect'on  with 
the  location  of  the  capital!  But  I  do  insist,  also,  that  the  people  have  to 
determine  this  matter;  and  it  is  possible  that  some  of  the  people  of  the 
northern  and  southern  portions  of  the  Territory  have  never  yet  so  much 
as  heard  of  the  gentleman  from  Shawnee  and  his  four  year's  residence  in 
Topeka!  or  that  his  honor  was  at  all  involved  in  this  question!  But,  Mr. 
President,  let  us  keep  this  discussion  to  the  point  before  us.  And 
[*328]  *I  repeat,  let  none  try  to  stifle  investigation.  I  am  willing  to 
see  the  reputation  of  my  coMeague  and  my  constituents  in  the  broadest  and 
fullest  light  that  can  be  thrown  upon  it.  And  since  the  slur  has  been 
again  thrown  out  that  the  Douglas  delegation  have  sold  themselves,  I  wish 
to  state  my  conviction  that  when  the  facts  shall  come  out,  it  wiU  appear 
that  the  Lawrence  delegation  have  refused  greater  inducements  to  corrup- 
tion as  to  this  question  than  any  delegation  on  this  floor.  It  will  be  seen 
and  known,  that  the  Douglas  county  delegation  have  planted  themselves 
upon  principle — that  there  has  never  yet  been  room  for  a  doubt  or  query 
as  to  whether  the  Douglas  county  delegation  were  going  to  deflect  from 
the  straight  line  of  duty.  I  think  it  has  been  already  sufficiently  found 
out  that  we  were  unwavering.    But  let  all  the  facts  come  out ! 

Mr.  Slough.  Mr.  President,  I  submitted  some  remarks  a  few  moments 
ago,  upon  the  presumption  that  nearly  all  the  testimony  that  would  be 
gathered  had  been  presented  to  the  committee;  but  I  am  now  satisfied, 
after  hearing  the  remarks  of  gentlemen,  that  this  investigation  has  not 
yet  been  completed;  and  as  there  seems  to  be  an  almost  unanimous  feel- 
ing to  have  a  full  investigation  of  the  matter,  I  move  to  lay  on  the  table 
both  the  original  resolution  and  the  pending  amendment. 

The  yeas  and  nays  being  demanded  and  taken  here,  resulted — yeas  42, 
nays  6 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Brown,  Barton.  Burris,  J. 
Blood,  N.  C.  Blood,  Crocker,  Dutton,  Graham,  Greer,  Griflith,  Hinple,  Hub- 
bard, Hutchinson,   Hanway,   Hoffman,   Ingalls,   Lillie,   Lamb,   Middleton, 


442  Convention  Proceedings  and  Debates. 

Moore,  McDowell,  McClelland,  McCuUough,  Preston,  Parks,  Porter, 
Ritchie,  Ross,  Signor,  S'ough,  Stiarwalt,  Stokes,  Simpson,  Thacher,  Town- 
send,  J.  Wright,  T.  S.  Wright,  Williams— 42. 

Nays — Messrs.  Foster,  Houston,  IVIcCune,  Palmer,  Stinson,  Wrigley — 6. 

So  the  subject  was  laid  on  the  table. 

location  of  the  seat  of  government. 

Mr.  Grahaini.  Mr.  President,  I  move  to  reconsider  the  vote  of  yester- 
day postponing  the  order  for  the  selection  of  the  capital  till  after  the  re- 
port of  the  investigating  committee. 

And  the  yeas  and  nays  being  demanded,  ordered  and  taken  on  this 
question,  resulted — yeas  27,  nays  22 — as  follows: 

Yeas— Messrs.  Brown,  Barton,  Foster,  Forman,  Graham,  Greer,  Grif- 
fith, Hippie,  Hubbard,  Hovston,  Kinsman,  Li''ie,  Lamb,  Midd'eton,  Moore, 
McDowell,  McCune,  McClelland,  Palmer,  Parks,  Porter,  Ritchie,  Ross, 
Slough,  Stinson,  Stiarwalt,  J.  Wright— 27. 

Nays — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Dutton,  Hutchinson,  Hanway,  Hoffman,  Ingalls,  McCuUougb, 
Preston,  Signor,  Stokes,  Simpson,  Thacher,  Townsend,  Wrigley,  T.  S. 
Wright,  Williams— 22. 

So  the  vote  w^as  reconsidered,  and  the  question  recurred  again  on  the 
adoption  of  the  resolution. 

Mr.  Greer.    I  now  offer  a  substitute  for  the  whole  matter. 

The  President.  The  position  of  the  question  is  this:  the  resolution 
was  originally  offered  by  the  gentleman  from  Shawnee  (Mr.  Greer).  A 
substitute  for  it  was  offered  by  the  gentleman  from  Douglas  (Mr. 
Thacher).  The  ruling  of  the  Chair  then  was,  that  he  should  hereafter  re- 
gard all  substitutes  in  the  light  of  amendments.  The  resolution  of  the 
gentleman  from  Shawnee  having  been  amended,  by  the  substitute,  is  itself 
an  amendment. 

Mr.  Greer.    I  propose  to  withdraw  the  resolution. 

The  President.  The  Chair  is  of  opinion  that  the  gentleman  cannot 
withdraw  the  resolution.  It  has  been  the  subject  of  amendment  in  the 
hands  of  the  Convention,  and  so  has  gone  beyond  the  power  of  the  gentle- 
man to  withdraw  it,  without  the  consent  of  the  body. 

Mr.  Greer.  Then  I  offer  the  following  as  an  amendment  to  the  amend- 
ment of  the  gentleman  from  Douglas: 

"Resolved,  That  the  seat  of  government  is  hereby  temporarily  located 
[*329]  at  the  city  of  Topeka,  Shawnee  county,  until  removed  by  a  *ma- 
jority  vote  of  the  electors  of  the  State,  in  pursuance  of  law." 

Mr.  Thacher.  Mr.  President,  I  should  like — although  this  really  will 
involve  the  question  whether  we  are  willing  to  submit  the  temporary  loca- 
tion to  a  vote  of  the  people — to  have  the  entire  question  submitted  to  the 
people  altogether,  and  that  the  gentleman  would  withdraw  and  let  us  have  a 
cUrect  vote.  But  if  the  purpose  is  to  forestall  the  people,  gentlemen  should 
remember  that  this  action  cannot  change  the  question  before  the  people. 

Mr.  Greer.  Mr.  President,  this  proposition  contemplates  a  mere  tem- 
porary location  of  the  capital,  until  the  meeting  of  the  Legislature  under 
the  Constitution — leaving  the  whole  subject  to  be  submitted  to  the  people 
by  the  first  Legislature — taking  the  right  of  location  from  the  Legislature, 
itself  independent  of  the  vote  of  the  people.    It  is,  to  all  intents  and  pur- 


Saturday,  July  23,  1859.  448 

poses,  a  submission  of  the  question  to  the  people.  It  is  a  provision  that  it 
shall  not  be  fixed  by  any  other  authority  than  the  voice  of  the  people. 
The  attempt  of  the  gentleman  to  show  that  this  proposition  takes  away 
from  the  people  the  right  to  locate  the  capital,  is  not  sustained  by  the  prop- 
osition itself. 

Mr.  Thacher  (in  his  seat).  The  argument  is  not  worth  a  fig,  for  we 
are  only  fifty-two  and  the  Legislature  is  composed  of  an  hundred  mem- 
bers from  all  parts  of  the  State. 

Mr.  Blunt.  Mr.  President,  I  wish  to  offer  for  adoption  this  amend- 
ment, as  a  substitute — for  final  action. 

The  President.  The  proposition  will  still  be  subject  to  amendment 
after  the  vote. 

Mr.  Blunt.  If  the  amendment  of  the  gentleman  from  Shawnee  should 
prevail,  could  a  substitute  be  offered? 

The  President.    It  would  be  subject  to  further  amendment. 
Mr.  Arthur.    Mr.  President,  if  we  adopt  this,  is  Topeka  then  the  seat 
of  government? 

The  President.  This  is  not  a  final  vote?  The  proposition  might  still 
be  amended. 

Mr.  Slough  demanded  the  yeas  and  nays  on  Mr.  Greer's  amendment, 
which  having  been  ordered  and  taken,  resulted — yeas  26,  nays  23 — as 
follows : 

Yeas — Messrs.  Brown,  Barton,  Button,  Foster,  Forman,  Greer,  Griffith. 
Hippie,  Hubbard,  Houston,  Middleton,  Moore,  McDowell,  McCune,  Mc- 
Clelland, Preston,  Parks,  Porter,  Ritchie,  Eoss,  Signor,  Slough,  Stinson, 
Stiarwalt,  J.  Wright,  Wrigley — 26. 

Nays — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Graham,  Hutchinson,  Hanway,  Hoffman,  Ingalls,  Kingnvan. 
Lillie,  Lamb,  McCuilough,  Palmer,  Stokes,  Simpson,  Thacher,  Townsend, 
T.  S.  Wright  and  Williams— 23. 

So  Mr.  Greer's  amendment  was  adopted,  and  the  question  recurred  on 
the  resolution  as  amended. 

Mr.  Blunt.  Mr.  President,  I  offer  the  following  amendment  by  wa>- 
of  substitute: 

Resolved,  That  at  the  election  to  adoi)t  or  reject  this  Constitution,  the 
electors  shall  inscribe  on  their  ballots  the  place  of  their  choice  for  the  tem- 
porary seat  of  government,  which  vote  shall  be  returned  and  declared  in 
like  rnanner  as  the  vote  for  and  against  the  Constitution:  and  the  place 
receiving  the  greatest  number  of  votes  shall  be  the  temporary  seat  of  gov- 
ernment; and  then  the  first  Legislature  that  shall  assemble  under  this 
Constitution,  shall  provide  by  law  for  submitting  to  a  popular  vote  the 
question  of  a  permanent  location  of  the  capital  of  Kansas;  but  no  point 
shall  be  declared  the  permanent  capital  vmtil  it  shall  have  received  a  ma- 
jority of  all  the  votes  cast  at  some  general  election. 

Mr.  President,  I  may  say  that  I  disclaim  having  any  feeling  in  th<> 
matter  of  the  location  of  the  seat  of  government ;  but  I  do  not  hesitate  to 
say  that  if  the  choice  of  location  lay  between  Topeka  and  Lawrence,  I 
[*330]  should  vote  for  Lawrence  without  the  *offer  of  any  "corner  lots," 
because  I  believe  that  in  doing  so,  I  should  subserve  the  best  interests  of 
the  people  I  represent.  I  know  that  their  choice  between  these  two  points 
would  be  Lawrence.    I  regret  that  there  is  so  much  feeling  on  this  subject 


444  Convention  Proceedings  and  Debates. 

as  we  have  seen  manifested  here  in  the  last  two  or  three  days.  And  I  am 
admonished  that  if  we  locate  the  temporary  seat  of  government  at  any 
point,  under  the  present  excited  state  of  feeling — after  all  that  has  been 
said  outside  of  the  Convention,  and  by  the  local  presses  representing  the 
interests  of  these  two  points — that  it  will  cast  a  stigma  upon  this  body, 
and  upon  the  whole  Constitutional  movement.  It  will  enter  into  the  can- 
vass and  hurl  criminations  and  recriminations  on  either  hand.  It  will  enter 
into  all  our  nominations  for  State  and  county  officers.  I  am  admonished 
that  we  are  here  engendering  a  fruitful  source  of  difficulty  for  the  future. 
Then  why  not  trust  this  matter  with  the  people,  who  are  the  source  of  all 
political  power,  and  thereby  rid  ourselves  of  all  the  odium  that  might  at- 
tach to  this  body  in  consequence  of  charges  of  corruption  and  fraud  that 
will  be  hurled  against  us?  I  am  willing  to  trust  the  people.  I  do  not 
think  that  the  mere  temporary  location  of  the  seat  of  government  for  one 
or  two  years,  or  during  a  single  session  of  the  Legislature,  is  worth  the 
contention  we  are  making,  or  which  certain  parties  are  making  in  this 
Territory.  We  all  agree  that  the  matter  of  the  permanent  location  of  the 
seat  of  government  should,  and  will  be,  submitted  to  the  people.  We  are 
providing  now  only  a  sitting  place  for  the  first  Legislature.  WTiy  not, 
then,  submit  the  matter  to  the  people,  and  take  it  for  granted  that  the 
point  which  gets  the  highest  number  of  votes  will  be  some  point  that  is 
accessible,  and  where  ample  accommodations  can  be  had — I  care  not 
whether  it  be  Lawrence,  Topeka,  or  Leavenworth — and  then  let  the  Legis- 
lature provide  for  the  permanent  location  by  the  people  And  if  I  were  to 
suggest  a  programme  for  the  permanent  location  of  the  seat  of  govern- 
ment, I  would  provide  that  the  people  should  have  three  trials;  that  at  the 
first  election  every  point  might  be  voted  for,  and  if  no  point  received  a 
majority  of  all  the  votes,  at  the  second  election  I  would  take  the  three 
highest  on  the  former  trial,  to  be  voted  for;  and  if  neither  of  these  re- 
ceived a  majority,  then  at  the  third  election  the  selection  should  be  made 
between  the  two  highest  at  the  second  trial.  This  arrangement  would  be 
fair.  No  one  could  complain  against  it.  There  is  another  argument  in 
favor  of  the  submission  which  I  propose  in  my  substitute.  It  is  desirable 
that  we  should  call  out  as  large  a  vote  as  possible  upon  the  occasion  of  the 
election  for  the  adoption  or  rejection  of  the  Constitution,  and  I  propose 
that,  not  a  majority,  but  a  plurahty  of  votes  shall  decide  the  point;  be- 
cause it  is  pretty  well  understood,  I  believe,  that  we  would  be  left  with- 
out a  temporary  seat  of  government  if  a  majority  were  required,  and  all 
points  were  left  open  to  the  contest.  And  I  am  not  in  favor  of  the  propo- 
sition of  the  gentleman  from  Johnson,  that  we  should  ballot,  and  the  two 
points  having  the  highest  number  of  votes  in  the  Convention  should  be 
voted  for  by  the  people.  I  am  not  in  favor  of  that  kind  of  squatter 
sovereignty.  If  I  tender  squatter  sovereignty,  I  want  it  presented  per- 
fectly free  and  untrammelled.  That  you  shall  exercise  your  choice,  pro- 
vided you  vote  for  one  of  two  places  we  name,  is  the  exercise  of  no  sover- 
eignty at  all.  I  conceive  that  my  proposition  is  fair  and  honorable,  and 
one  which  does  away  with  every  possibility  of  unfairness  or  skullduggery; 
and  I  do  not  see  how  any  member  who  is  willing  to  dispose  of  this  matter 
in  a  fair  and  honorable  way,  and  who  is  willing  to  succumb  to  the  will  of 
the  people,  can  refuse  to  accept  it.  But,  if  gentlemen  refuse,  and  are  de- 
termined by  a  combination  to  locate  this  capital  at  any  point,  they  will 
[*331]  find  to  *their  sorrow  that  the  disadvantages  growing  out  of  it 
hereafter,  will  be  greater  than  all  the  temporary  advantages  likely  to  accrue 
from  this  temporary  location.    I  hope  gentlemen  will  consider  these  mat- 


Saturday,  July  23,  1859.  445 

ters,  and  let  us  retire  from  this  hall  and  go  home  with  some  little  credit 
and  respectability. 

Mr.  HiPPLE.  Mr.  President,  I  am  very  much  obUged  to  the  gentleman 
from  Anderson  (Mr.  Blunt)  for  his  care  and  concern  for  us  as  members  of 
this  body,  in  connection  with  our  action  on  this  question,  and  desire  only 
to  say  to  him  that  I  shall  vote  for  the  temporary  location  of  the  capital 
at  Topeka,  and  most  willingly  take  the  responsibility  of  that  vote.  The 
people  have  voted  twice  on  the  cjuestion  of  the  location  of  the  seat  of 
government,  and  by  an  overwhelming  majority  have  both  times  given 
Topeka  as  their  choice. 

Mr.  GuEER.  jVIr.  President,  I  would  like  to  place  myself  right  in  refer- 
ence to  the  question  of  referring  this  to  the  people.  I  cannot  see  how  m}' 
proposition  is  a  refusal  to  submit  the  location  to  the  people.  It  is.  to  be 
sure,  not  the  proposition  to  make  this  temporary  location  by  the  people,  but 
by  their  representatives.  We  are  attempting  to  inaugurate  here  a  repre- 
sentative government.  Not  a  government  of  officials  elected  by  a  plurality 
of  the  people.  The  plurality  system  is  not  the  system  we  want,  but  the 
majority  system.  Then  this  substitute  of  the  gentleman  from  Anderson 
(Mr.  Blunt)  is  not  to  submit  the  temporary  location  of  the  seat  of  govern- 
ment, except  so  far  as  it  would  be  located  by  a, plurality  of  the  votes  of  the 
people;  and  less  than  half  the  voters  might  locate  by  his  proposition; 
whereas,  under  my  proposition  the  representatives  of  the  people  have  a 
voice  in  it.  So  far  as  we  are  charged  with  bribery,  corruption,  bargain  and 
sale  in  connection  with  this  question,  I  am  willing  to  meet  that  at  any  time, 
here  or  elsewhere.  I  am  willing  to  see  the  State  Capital  temporarily 
located  by  the  people's  representatives,  and  I  greatly  prefer  it  to  the 
plurality  sj'stem.  For  there  is  no  argument  that  might  be  used  in  favor  of 
it  in  this  case,  that  would  not  apply  to  the  election  of  the  state  officers,  and 
I  see  no  basis  for  objection  to  this  resolution  of  mine;  for  it  does  submit 
the  question  to  the  people  at  the  proper  time.  Then  asain;  the  people  do 
not  expect  that  we  shall  now  submit  this  question  of  the  temporary  loca- 
tion of  the  Capital  to  them — and  we  could  not  do  it,  ^\^thout  having  some 
two,  three  or  four  elect'ons  on  the  subject.  It  is  according  to  the  spirit  of 
our  institutions,  that  the  representatives  of  the  people  shall  decide  every 
question  that  cannot  be  submitted  to  the  people  themselves. 

IN^r.  Wricley.  iMr.  President,  I  shall  vote  for  the  temporary  location 
of  the  capital  at  Topeka,  because  it  is  the  almost  unanimous  desire  of  the 
constituents  whom  I  in  part  represent — probably  ninetj'-nine  out  of  every 
hundred  without  distinction  of  parties.  It  is  in  fact  part  of  our  des're  for 
a  State  government  to  have  a  temporary  location  of  the  seat  of  govern- 
ment. But  I  desire  that  the  voice  of  the  people  should  be  heard  whene'-er 
the  permanent  location  is  to  be  made.  I  am  as  much  in  favor  of  that,  per- 
haps, as  any  gentleman  on  th's  floor.  I  could  not  support  the  amendment 
of  the  gentleman  from  Anderson  (Mr.  Blunt)  because  it  necessarily  in- 
volves the  plurality  principle,  and  in  submitting  this  temporary  location 
to  a  vote  of  the  people,  it  must  be  manifest  to  every  mind,  that  verv  lively 
one-tenth  of  the  voters  of  Kansas  might  fix  the  capital.  Those  H\ang  near 
Lawrence,  will  vote  for  Lawrence;  those  living  near  and  preferrins  Topeka, 
will  vote  for  Topeka;  those  living  near  and  preferring  Manhattan,  will 
vote  for  Manhattan;  those  preferring  Leavenworth,  will  vote  for  Leaven- 
worth, and  so  of  all  the  towns  in  the  Territory.  The  amendment  provides 
that  the  place  bavins  the  highest  number  of  votes  shall  be  temporari'y  the 
carit.il,  and  so  it  might  be  that  not  one-tenth  of  the  whole  number  of  votes 
[*332]     *would  be  cast  for  the  location.    But,  if  the  gentleman  were  to 


446  Convention  Proceedings  and  Debates. 

amend  his  proposition,  and  say  a  majority  of  the  votes  cast  shall  be  neces- 
sary to  make  the  location,  then  in  all  probability  there  would  be  no  place 
fixed  upon.  Now,  it  occurs  tQ  me,  that,  in  some  respects,  this  body  is  a  very 
fair  representation  of  the  people  of  Kansas,  and  that  we  can  safely  con- 
sider ourselves  as  representing  the  people  so  far  as  the  temporary  location 
of  the  capital  is  concerned.  So  far  as  this  question  of  fraud  is  concerned, 
if  it  should  ever  be  brought  up,  I  shall  be  ready  to  meet  it. 

Mr.  Blunt.  Mr.  President,  I  desire  to  say  a  word  in  reply  to  the  gen- 
tleman from  Shawnee  (Mr.  Greer)  and  especially  to  his  remarks  upon  his 
proposition  and  mine,  in  regard  to  the  permanent  location  of  the  seat  of 
government,  and  which  remarks,  I  think,  are  calculated  to  mislead  the 
minds  of  members  of  this  convention.  Those  who  have  paid  attention  to 
these  propositions,  will  observe  that  there  is  a  material  difference  between 
them  relative  to  the  permanent  location  of  the  seat  of  government.  My 
proposition  is,  that  the  Legislature  first  assembled  under  this  constitufon 
shall  provide  for  the  submission  of  this  question  to  the  popular  vote.  That 
is  made  imperative.  The  first  part  of  the  proposition  only  provides  for  the 
temporary  seat  of  government,  which  is  a  matter  of  minor  importance. 
There  is  this  difference  between  his  proposition  and  mine.  Wh'lst  my 
proposition  makes  it  imperative  on  the  part  of  the  Legislature  at  its  first 
session  to  provide  for  the  permanent  location  of  the  seat  of  government — 
his  proposition  does  no  such  thing.  But  then  again,  the  temporary  location 
cannot  be  removed  without  the  concurrence  of  a  majority  of  all  the  votes 
cast.  What  then  is  the  practical  result  under  the  gentleman's  proposition? 
Why,  the  first  Legislature  may  see  proper  to  let  the  seat  of  government 
remain  at  Topeka,  and  defer  any  proposition  for  a  re-location  to  succeed- 
ing years.  They  might  conclude  that  the  location  is  a  good  one — and, 
there  being  no  action  of  the  people  requiring  the  question  to  be  submitted, 
perhaps  a  few  "corner  lots"  might  induce  them  to  let  it  rest  at  Topeka,  and 
thereby  defeat  the  will  of  the  people  for  an  opportunity  to  vote  upon  the 
question.  I  ask  gentlemen  to  look  at  these  distinctions.  I  want  to  leave 
nothing  open  for  "skullduggery,"  and  operations  by  means  of  "corner  lots." 

Mr.  Slough.  Mr.  President,  believing  that  no  further  light  can  be  shed 
upon  this  question,  I  insist  upon  the  previous  question. 

Mr.  Blunt.    We  will  have  the  yeas  and  nays  on  that. 

Mr.  Slough.    I  withdraw  the  demand. 

Mr.  Griffith.  T,  sir,  am  in  favor  of  this  convention  setthng  the  tem- 
porary location  of  the  capital,  but  I  would  rather  if  it  could  be  done  in  a 
different  way.  I  think  the  proper  way  is  to  resolve  to  proceed  to  ballot 
for  the  temporary  location,  and  continue  to  ballot  till  some  one  place  shall 
receive  a  majority  of  all  the  ballots.  Whilst  I  am  well  confirmed  in  my 
preference  for  the  temporary  location  of  the  seat  of  government,  that  ques- 
tion did  not  enter  at  all  into  my  canvass.  After  the  election  was  over,  I 
was  asked  where  we  should  locate  the  capital?  I  replied,  that  I  did  not 
know — I  presumed  cither  at  Lawrence  or  Topeka,  but  that  my  preference 
was  for  Topeka.  And  since  I  have  arrived  here  I  have  had  no  induce- 
ments nor  have  I  found  any  reason  to  change  that  preference.  I  th'nk  1 
have  a  right  to  assume  that  I  represent  a  majority  of  my  constituents — 
for  the  reason  that  heretofore  two  constitutions  have  submitted  the  ques- 
tion of  the  location  of  the  capital,  and  both  times  Topeka  has  been  selected. 
And  whether  I  am  correct  or  not  in  this  judgment,!  am  established  in  it 
[*333]  firmly,  notwithstanding  my  friend  here  has  threat*ened  rather 
unfraternally  to  hold  my  action  over  me  before  my  constituents.  If  we 
submit  this  to  the  people,  I  want  to  know  if  the  excitement  and  indirec- 


Saturday,  July  23,  1859.  447 

tions  and  inducements  employed  here,  will  not  be  more  employed  before 
the  people?  Will  not  dishonorable  means  be  used,  as  it. has  been  insisted 
they  have  been  used  here?  and  will  not  such  an  influence  be  much  more 
wide  before  the  people?  Why,  who  knows  but  by  such  means  a  single 
county  might  locate  the  capital?  I  think,  sir,  we  might  be  held  as  taking 
the  responsibility  of  such  a  result,  if  we  were  to  take  such  a  course.  I 
should  not  be  disobliged  on  account  of  the  location  at  any  other  point,  but 
my  preference  is  Topeka — on  account  of  location,  nothing  else. 

Mr.  Stiarwalt.  Mr.  President,  for  the  last  day  or  two  I  have  heard 
matter  here  that  I  did  not  expect.  Of  course,  I  expected  that  the  State 
Capital  would  be  temporarily  located  by  this  body;  and  I  should  dis'ike 
to  go  back  and  tell  the  people  that  we  were  afraid  to  do  it — and  I  think 
there  is  not  a  man  here  but  would  dis'ike  to  do  so.  I  have  no  prejudice 
against  any  particular  locality.  It  would  suit  me  to  have  the  capital  near 
my  place;  but  that  might  not  suit  the  people  whom  I  came  here  to  serve. 
Let  gentlemen  do  as  they  please  on  this  question — vote  for  Topeka  if  they 
will  because  of  that  selection  under  two  former  constitutions  ratified  by 
republican  votes.  My  democratic  constituents  never  made  any  objection 
to  that  point;  consequently,  I  am  going  to  vote  for  Topeka.  And  I  pro- 
pose to  vote  by  a  viva  voce  ballot — so  that  every  man  may  know  each 
other's  votes. 

Mr.  Burnett.  Mr.  President,  perhaps  it  would  be  well  enough  for  me 
to  give  the  reasons  for  my  action,  especially  since  I  cannot  agree  with  my 
colleague  (Mr.  Griffith).  As  far  as  I  am  concerned  I  have  no  very  strong 
preferences  either  for  Lawrence  or  Topeka;  and  T  know  nothing  certainly 
of  the  preference  of  my  constituents,  but  it  is  mv  opinion,  that  a  majority 
of  the  people  of  Bourbon  county  would  prefer  Lawrence,  from  local  con- 
siderations. I  am  very  well  aware  that  my  colleague  and  others  have  a 
peculiar  regard  for  Topeka,  on  account  of  associations  in  the  past.  I  put 
my  preferences  for  Lawrence  upon  local  grounds.  Topeka,  I  admit,  has 
its  merits  on  account  of  its  associations  with  the  struagle  for  a  free  state, 
and  so  has  Lawrence.  But  my  reasons  stated,  and  the  behef  that  a  ma- 
jority of  my  constituents  would  vote  that  way,  will  carry  my  vote  for 
Lawrence. 

Mr.  Thacher.  Mr.  President,  I  perceive  that  we  are  outnumbered 
here — that  the  location  is  given  to  Topeka.  But  I  wish,  after  all,  to  take 
the  sense  of  the  convention  on  the  direct  question,  whether  gentlemen  dare 
submit  this  question  to  the  people.  Gentlemen  have  attempted  to  show  that 
the  people  cannot  lonate  by  a  plurality — that  it  was  against  the  repre- 
sentative principle.  But  if  that  argument  were  worth  anythinq:,  it  would 
prove  that  gentlemen  on  this  floor,  who  may  not  have  received  a  majority 
of  all  the  votes  in  their  district,  are  not  therefore  representatives  of  the 
people.  The  argument  is  not  worth  a  straw.  The  truth  is,  we  ought  to  go 
to  the  people  with  this  question.  That  is  settled.  And  the  town  receiving 
the  highest  n\imber  of  votes  should  be  the  capital;  and  when  gentlemen 
try  to  set  aside  the  correctness  of  this  principle,  they  are  trying  to  blind 
their  own  eyes. 

Mr.  Griffith.  Would  you  propose  to  make  the  permanent  location  by 
a  plurality  vote  of  the  people? 

Mr.  Thacher.  T  would  have  the  capital  established  by  law.  But  you 
are  binding  up  the  hands  of  the  Legislature.  You  dare  not  trust  them 
with  this  question,  but  you  bind  them  up  to  specific  conditions.  There 
would  have  been  more  fairness  in  it  if  vou  had  said,  the  seat  of  govern- 


448  Convention  Proceedings  and  Debates. 

ment  shall  be  temporarily  located  at  Topeka,  and  then  hereafter  established 
and  provided  for  bj^  law.  I  know  you  have  the  power  here,  although  I 
[*334]  believe  you  *are  misrepresenting  the  people  in  this  matter.  I 
believe  that  the  entire  south  would  prefer  Lawrence.  But  now  I  have  no 
feehng  in  the  matter.  I  am  content,  that  the  facts  are  to  go  forth  to  the 
people.  But  I  do  say  that  the  idea  that  you  should  specially  plead  here, 
that  this  question  submitted  to  the  highest  number  of  votes  is  no  fair 
representation,  is  most  absurd.  It  is  an  argument  even  against  the  right 
by  which  some  gentlemen  hold  their  seats  on  this  floor.  I  projiose  to  leave 
it  all  to  the  Legislature  after  the  first  temporary  location  by  the  people. 

Mr.  J.  Blood.  Mr.  President,  it  has  been  urged  that  the  submission  of  the 
question  to  the  people  would  not  secure  a  majority.  This  has  been  used 
as  an  argument  against  submission.  But,  as  1  understand  the  amendment 
adopted,  it  locates  the  Capital  at  Topeka,  until  a  majority  of  the  voters 
shall  have  voted  for  another  place.  The  effect  of  that  must  be  to  fix  the 
Capital  at  Topeka  for  a  number  of  years.  I  think  that  members  might 
hesitate,  if  they  saw,  as  they  must  see,  that  the  effect  of  their  resoiUtioii,  if 
they  adopt  it  as  amended,  must  be  to  fix  the  location  at  Topeka  for  at 
least  three,  or  perhaps  five  years,  or  perhaps  for  a  longer  period. 

Mr.  Slough  demanded  the  yeas  and  nays  on  Mr.  Blunt's  amendment, 
and  they  were  seconded  and  ordered,  and,  being  taken,  resulted — yeas  22, 
nays  27 — as  follows: 

Yeas — Messrs.  Burnett,  Barton,  Burris,  Blunt,  J.  Blood,  N.  C.  B'ood, 
Crocker,  Button,  Hutchinson,  Hanway,  Hoffman,  Ingalls,  Kingman,  L  Hie, 
McCuUough,  Preston,  Signor,  Stokes,  Simpson,  Thacher,  Towusend,  Wil- 
liams—22. 

Nays — Mes.«5rs.  Arthur,  Brown,  Foster,  Forman,  Graham,  Greer,  Griffith,. 
Hippie,  Hubbard,  Houston,  Lamb,  Middleton,  Moore,  McDowell,  Mc- 
Cune,  McClelland,  Palmer,  Parks,  Porter,  Ritchie,  Ross,  Slough,  Stiar- 
walt,  Stinson,  J.  Wright,  Wrigley,  T.  S.  Wright— 27. 

So  the  amendment  was  rejected;  and  the  question  recurred  again  on  the 
adoption  of  the  resolution  as  amended  by  Mr.  Greer. 

Mr.  Graham  offered  the  following  amendment,  by  way  of  substitute: 

"Resolved,  That  the  roll  be  called,  and  each  member,  as  his  name  is 
called,  give  the  place  he  prefers  as  the  point  for  the  location  of  the  tem- 
porary seat  of  government;  in  case  no  place  receives  a  majority  of  all  the 
votes  cast  on  the  first  ballot,  the  roll  shall  be  again  called,  confining  the 
vote  to  the  four  places  having  the  largest  number  of  votes;  and  if  no  choice 
is  made,  the  place  having  the  largest  number  of  votes  shall  be  dropped, 
and  so  on  until  some  one  place  shall  have  a  majority  of  all  the  votes  cast." 

Mr.  Graham's  substitute  was  adopted  without  a  division. 

Mr.  Slough  made  an  ineffectual  motion  to  adjourn. 

The  question  still  recurring  on  the  adoption  of  the  original  resolution, 
as  now  amended  by  Mr.  Graham — 

Mr.  Thacher  offered  the  following  amendment  by  way  of  substitute: 

"The  qualified  electors  shall  vote,  at  the  election  held  to  adopt  or  reject 
this  Constitution,  for  Lawrence  or  Topeka  as  the  temporary  Capital,  and 
the  one  having  the  highest  number  of  votes  shall  be  temporary  Capital 
until  changed  by  law." 

The  yeas  and  nays  were  demanded,  and  taken  on  this  amendment,  the 
vote  resulting — yeas  20,  nays  29 — as  follows : 


Saturday,  July  23,  1859.  449 

Yeas — Messrs.  Burnett,  Blunt,  N.  C.  Blood,  J.  Blood,  Burns,  Crocker, 
Griffith,  Hutchinson,  Hanway,  Hoffman,  Ingalls,  Kingman,  Lillie,  Mc- 
Cullough,  Signor,  Stokes,  Simpson,  Thacher,  Townsend,  Williams — 20. 

Nays — Messrs.  Arthur,  Brown,  Barton,  Button,  Foster,  Forman,  Gra- 
ham, Greer,  Hubbard,  Hippie,  Houston,  Lamb,  Middleton,  McDowell, 
Moore,  McCune,  McClelland,  Preston,  Palmer,  Parks,  Porter,  Ritchie,  Ross, 
Slough,  Stinson,  Stiarwalt,  J.  Wright,  Wrigley,  T.  S.  Wright^29. 

So  the  amendment  was  rejected. 

The  Convention  then  took  a  recess  till  three  o'clock,  p.m. 


[*335]  *AFTERNOON  SESSION. 

The  President  called  the  Convention  to  order  at  3  o'clock. 

Mr.  Slough.    Mr.  President,  1  move  a  call  of  the  House. 

The  President.    The  Clerk  will  call  the  roll. 

Messrs.  Houston,  May,  and  Perry  were  reported  as  absent. 

Mr.  Stinson.  Mr.  President,  I  move  that  the  further  proceedings  in 
the  call  be  dispensed  with. 

The  motion  was  agreed  to. 

The  question  being  on  the  adoption  of  the  resolution  as  amended  by 
Mr.  Graham — 

Mr.  Burnett.  Mr.  President,  I  offer  the  following  as  a  substitute 
amendment : 

Resolved,  That  this  Convention  proceed  to  the  election  of  three  com- 
missioners, whose  duty  it  shall  be  to  centrally  locate  the  permanent  cajntal 
of  the  State  of  Kansas;  and  that  said  commissioners  be  authorized  to  con- 
tract and  provide  for  the  erection  of  suitable  buildings  at  said  location  of 
the  value  at  least  of  two  hundred  thousand  dollars  free  of  expense  to  the 
State  of  Kansas;  and  that  said  commissioners  also  provide  that  said  build- 
ings shall  be  completed  within  two  years  from  the  adoption  of  this  Consti- 
tution; said  buildings  to  be  subject  to  the  approval  and  acceptance  of 
three  commissioners  to  be  elected  by  the  Legislature  of  Kansas  in  jo-nt 
assembly.  Said  first  named  commissioners  shall  also  provide  for  temporary 
accommodations  of  coming  Legislatures  (until  the  completion  and  accept- 
ance of  buildings  above  named),  free  of  expense  to  the  State  of  Kansas. 

Mr.  Burnett.  This  question  has  excited  a  great  deal  of  interest  in  this 
Convention.  There  are  persons  here  from  particular  localit'es  who  are 
very  much  interested;  and  if  it  is  of  so  much  pecuniary  interest  to  these 
towns  it  should  be  made  so  to  the  people  of  Kansas.  It  seems  to  me  this 
resohition  will  provide  a  way  how  our  capital  will  be  built  free  of  exr>e"pe 
to  the  people.  In  Vermont  our  old  capital  was  destroyed  by  fire  and  this 
course  was  pursued.  I  venture  to  predict  that  if  we  adopt  [a]  policy  simi- 
lar to  the  one  proposed,  it  will  save  half  a  mi'l'on  of  dollars  to  the  State  of 
Kansas.  I  hope  the  Convention  will  give  this  subject  a  calm  and  careful 
consideration. 

Mr.  Foster.  Mr.  President,  if  I  understand  the  proposition  it  is  that 
three  commissioners  shall  proceed  to  seVct  the  grounds  and  erect  buildings 
for  the  future  capital  of  this  State.  Under  ordinary  circumstances  these 
buildings  could  not  be  erected  for  three  or  four  years.  The  amount  of  it  is, 
to  take  it  out  of  the  hands  of  the  Legislature  and  give  it  to  three  commis- 

29 — 778 


450  Convention  Proceedings  and  Debates. 

sioners.    I  take  it  that  such  a  project  should  not  be  put  into  the  hands  of 
three  men. 

The  yeas  and  nays  were  demanded  on  the  adoption  of  the  resolution, 
and  being  ordered  and  taken  resulted — yeas  19,  nays  30 — as  follows: 

Yeas — Messrs,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood,  Crocker, 
Button,  Hutchinson,  Hanway,  Hoffman.  Kingman,  Lillie,  McCuUough, 
Signor,  Stokes,  Simpson,  To^^Tisend,  Thacher,  Williams — 19. 

Xays — Messrs.  Arthur,  Brown,  Barton,  Foster,  Forman,  Graham,  Greer, 
Griffith,  Hippie,  Hubbard,  Houston,  Ingalls,  Lamb,  Middleton,  Moore,  Mc- 
Dowell, McCune,  McClelland,  Preston,  Palmer,  Parks,  Porter,  Ritchie, 
Ross,  Slough,  Stinson,  Stiarwalt,  J.  Wright,  Wrigley,  T.  S.  Wright— 30. 

So  the  motion  was  rejected. 

Mr.  Blunt.  I  wish  to  offer  the  following  amendment.  I  see  it  is  a 
foregone  conclusion  that  the  capital  is  to  be  located  at  a  certain  place,  and 
I  want  to  make  provision  for  its  permanent  location  by  adding  these 
words : 

"And  that  the  first  Legislature  under  this  Constitution  shall  provide  by 
law  for  submitting  the  question  of  the  permanent  location  of  the  capital 
of  Kansas  to  a  popular  vote,  and  a  majority  of  all  the  votes  cast  at  some 
general  election  shall  be  necessary  for  such  location." 

The  resolution  was  adopted. 

Mr.  Burris.    I  desire  to  offer  the  following  amendment: 

"Resolved,  That  a  viva  voce  vote  of  this  Convention  be  now  taken  for 
temporary  capital  of  the  State  of  Kansas,  and  that  the  places  re- 
[*336]  ^ceiving  the  two  highest  numbers  of  votes  be  proposed  to  the 
people  of  Kansas  for  temporary  capital  at  the  election  and  ratification  or 
rejection  of  this  constitution;  and  that  the  one  of  such  two  places  re- 
ceiving the  largest  number  of  votes,  shall  be  the  temporary  capital  of  the 
State  of  Kansas  until  changed  by  a  vote  of  the  people  of  said  State,  at 
some  general  election,  as  may  be  pro\aded  by  law." 

Mr.  Graham.    That  same  matter  was  voted  this  forenoon. 

Mr.  Burris.  The  question  was  not  precisely  the  same.  The  amend- 
ment proposed  by  the  gentleman  from  Douglas  was  that  the  people  be 
required  to  vote  only  on  Topeka  and  Lawrence,  and  the  one  receiving  the 
majority  should  be  the  capital.  This  provides  that  we  now  proceed  to  a 
viva  voce  vote,  and  the  two  places  receiving  the  highest  number  of  votes 
be  presented  to  the  people,  as  it  might  be  Leavenworth  and  Olathe. 

The  President.  The  judgment  of  the  Chair  is  that  the  amendment  is 
in  order. 

The  yeas  and  nays  were  demanded  on  the  adoption  of  the  resolution, 
and  being  ordered  and  taken,  resulted — yeas  19,  nays' 30 — as  follows: 

Yeas — Messrs.  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood,  Crocker, 
Dutton,  Hutchinson,  Hanway,  Hoffman,  Kingman,  Lillie,  McCullough, 
Signor,  Stokes,  Simpson,  Thacher,  Townsend,  Williams — 19. 

Nays — Messrs.  Arthur,  Brown,  Barton,  Foster,  Forman,  Graham,  Greer, 
Griffith,  Hippie,  Hubbard,  Houston,  Ingalls.  Lamb,  Middleton,  Moore, 
McDowell,  McCune,  MoClelland,  Preston,  Palmer,  Parks.  Porter.  Ritchie, 
Ross,  Slough,  Stinson,  Stiarwalt,  J.  Wright,  Wrigley,  T.  S.  Wright— 30. 

So  the  resolution  was  rejected. 


Saturday,  July  23,  1859.  451 

Mr.  Kingman.  Mr.  President,  I  desire  to  offer  the  following  amend- 
ment in  the  nature  of  a  substitute: 

"Resolved,  That  the  capital  of  the  State  of  Kansas  shall  be  located  as 
follows  : 

Section  1.  The  capital  of  the  State  of  Kansas  shall  be  temporarily 
located  at ,  where  it  shall  remain  four  years. 

Sec.  2.  The  first  Governor  elected  in  this  State  and  the  person  receiv- 
ing the  next  highest  number  of  votes  for  the  office  of  Governor  at  said 
election,  shall  constitute  a  Board,  who  shall  proceed  to  locate  the  per- 
manent capital  of  this  State  under  the  following  regulations: 

They  shall  select  a  place  as  nearly  central  and  suitable  as  practicable 
with  reference  to  the  present  and  future  population  of  the  State,  and  pur- 
chase for  a  sum  not  exceeding  $ ,  and  secure  to  the  State  of  Kansas 

the  title  to  twelve  hundred  and  eichty  acres  of  land,  and  shall  proceed  to 
lay  the  same  off  into  suitable  grounds,  streets,  alleys  and  lots,  file  a  plot  of 
the  same  in  the  Executive  office  of  the  State,  and  in  the  register's  ofhce  of 
the  county  where  the  capital  may  be  located. 

Sec.  3.  The  Auditor  of  the  State  shall  make  sale  of  the  lots  so  laid  ofJ, 
as  follows:  He  shall  advertise  the  time  of  sale  in  one  paper  in  each  county 
in  the  State  where  a  paper  may  be  published,  and  at  the  time  advertised 
shall  prof'eed  to  sell  to  the  highest  bidder  one-third  of  said  lots,  for  cash 
in  hand  the  money  to  be  paid  to  the  State  Treasurer.  Upon  the  presenta- 
tion of  the  Auditor's  certificate  of  sale,  and  the  Treasurer's  receipt  for  the 
purchase  money,  the  Governor  of  the  State  shall  make  title  by  deed  to  the 
purchaser.  One  j-ear  after  the  first  sale  another  third  of  said  lots  shall  be 
sold  and  pa\Tnent  and  conveyance  mnde  in  the  same  manner;  and  in  two 
years  from  the  first  sale  the  other  third  tosether  with  all  lots  offered  at 
either  of  the  two  previous  sales  and  not. sold  or  paid  for  shall  be  sold  and 
pa^-ment  and  conveyance  made  in  the  same  manner  as  in  the  first  sale. 
In  the  first  sale  the  Auditor  shall  sell  one  lot,  and  pass  over  two.  and  sell 
the  next,  and  in  the  second  sale  he  shall  sell  the  alternate  unsold  lots. 

Sec.  4.     The  money  arisins  from  the  sale  of  said  lots  shall  constitute 
a  frnd  for  the  erection  of  public  builchng  at  the  capital. 
[*337]     *Sec.  5.     Should  the  Board  named  in  section  2  be  unable  to 
agree,  the  Lieut.  Governor  shall  be  a  member  of  the  Board,  and  a  majority 
shall  decide  all  questions. 

Mr.  Hutchinson.  Mr.  President,  is  it  in  order  to  call  for  its  con- 
sideration section  by  section? 

The  President.    The  Chair  would  suppose  it  is. 

Mr.  Hutchinson.    I  make  that  motion. 

Mr.  Wrigley.  Mr.  President,  if  it  is  to  be  considered  by  sections,  I  ask 
whether  it  is  different  from  a  resolution  which  has  been  already  offered? 

The  President.    The  Chair  is  of  opinion  that  the  proper  mode  of  pro- 
ceeding would  be  similar  to  that  adopted  in  the  consideration  of  a  bill,  first 
read  by  sections,  and  finally,  after  the  subject  matter  has  been  made 
•satisfactory,  adopt  the  article. 

Mr.  Slough.  Mr.  President,  it  is  very  clear  that  no  other  possible 
methods  could  be  devised  than  those  that  have  been  presented  to  the 
Convention.  It  looks  as  if  there  was  a  design  (I  don't  charge  it  upon 
any  one)  to  protract  this  discussion.  For  the  purpose  of  bringing  the  mat- 
ter to  a  close,  for  it  is  foUy  to  occupy  more  time,  I  move  the  previous 
question. 


452  Convention  Proceedings  and  Debates. 

The  yeas  and  nays  were  demanded  upon  the  question,  "Shall  the  main 
question  be  now  put?" 

The  President.  The  Chair  understands  the  gentleman's  motion  cuts 
off  all  debate  and  amendments. 

Mr.  Slough.    It  is  for  the  purpose  of  cutting  off  debate  only. 

Mr.  Graham.  Mr.  President,  in  my  recollection  where  the  previous 
question  has  been  moved  in  Congress,  the  amendments  pending  were  not 
acted  upon.  The  previous  question  cuts  off  all  debate  and  amendments. 
I  don't  know  what  rules  you  have  adopted  here. 

Mr.  Thacher.    I  think  Mr.  Graham  is  right  about  that. 

The  President.    The  Chair  will  read  from  Gushing,  page  48. 

Mr.  Wrigley.    As  the  Chair  has  ruled  would  not  the  previous  question — 

The  President.    The  Chair  is  desirous  of  hearing  authorities. 

Mr.  Wrigley.  I  am  asking  for  information.  Would  not  the  previous 
question  be  that  we  have  a  vote  upon  the  original  proposition  as  amended 
by  the  gentleman  from  Atchison? 

Mr.  BuRRis.  As  I  understand  the  previous  question  it  is  to  bring  the 
House  upon  a  vote  upon  the  main  question  before  the  House.  If  I  am  not 
mistaken  such  is  the  position  we  are  in  now. 

Mr.  Houston.  Mr.  President,  we  had  this  question  on  this  Nebraska 
question.  At  that  time  there  were  some  amendments  pending.  The  gentle- 
man from  Brown  moved  the  previous  question,  and  it  was  ruled  that  it  cut 
off  all  amendments,  and  the  question  again  recurred  on  the  original 
question,  cutting  off  the  amendments.  My  impression  was  that  that  rul- 
ing was  not  correct,  but  I  did  not  wish  to  have  a  discussion  with  the  Chair, 
and  I  let  it  pass.  I  do  not  understand  that  when  the  previous  quest  on 
is  called,  and  seconded,  it  cuts  off  all  amendments.  It  seems  to  me  the 
intention  of  the  previous  question  is  to  suspend  debate  and  bring  the 
House  at  once  to  a  vote  upon  the  question  as  it  is  upon  the  amendments 
pending.    That  is  my  view. 

Mr.  Slough.  As  I  cannot  now  lay  my  hand  upon  the  rule,  though  I 
am  satisfied  of  its  correctness,  I  make  the  motion  so  that  I  can  demand  the 
previous  question  upon  the  amendments. 

The  President.  The  Chair  is  clearly  of  opinion  his  decision  is  right. 
(Reads  from  Gushing,  page  1420.) 

Mr.  Slough.  To  clear  up  that  point  I  propose  to  couple  with  my 
motion  the  purpose  to  cut  off  debate  upon  all  questions  and  bring  them 
directly  before  the  House  for  action. 

The  President.  The  Chair  would  state  another  effect  which  this  mo- 
tion has.  In  case  the  call  for  the  previous  question  shall  be  decided 
[*338]  *in  the  affirmative  the  main  question  will  be  put  immediately; 
but  provided  it  be  decided  in  the  negative  it  cannot  be  put  to-day.  It 
throws  over  the  entire  question  to  another  day. 

Mr.  Stinson.  I  would  cite  the  Chair  to  section  4,  page  221,  of  the 
work  he  has  been  reading  from. 

The  President.  The  Chair  does  not  see  how  that  interferes  with  the 
previous  paragraph. 

Mr.  Stinson.    The  matter  under  discussion  is  an  amendment. 

The  President.  It  is  the  capital  question,  in  the  understanding  of  the 
Chair. 

Mr.  Slough.    1  withdraw  the  motion. 


Saturday,  July  23,  1859.  453 

Mr.  Stinson.  Is  not  the  motion  to  adopt  the  substitute  in  the  nature 
of  an  amendment? 

The  President.  A  motion  was  made  that  it  be  considered  by  sections. 
It  will  be  out  of  order  for  the  Convention  to  adopt  it  and  then  consider  it 
by  sections. 

Mr.  Stinson.    Was  not  the  first  motion  to  adopt ? 

The  President.  The  first  motion  was  the  motion  of  the  gentleman 
from  Douglas  (Mr.  Hutchinson)  to  adopt  by  sections. 

Mr.  McDowell.  Did  I  understand  the  Chair  to  rule  that  the  amend- 
ment of  the  gentleman  from  Brown  (Mr.  Eongman)  would  be  taken  up 
section  by  section  and  passed  upon? 

The  President.  The  proposition  to  amend  being  of  the  nature  of  a 
plan  comprised  in  different  sections,  it  would  be  absurd  to  resolve  to 
adopt  it  and  then  proceed  to  consider  it  section  by  section.  A  motion 
has  been  made  to  adopt  it  section  by  section. 

This  motion  was  rejected. 

The  yeas  and  nays  were  demanded  on  the  adoption  of  the  amendment. 

The  President.  The  Chair  desires  to  read  a  paragraph  with  reference 
to  the  previous  question,  from  the  same  authority.     (Reads.) 

Mr.  Slough.  With  the  permission  of  the  House  in  justification  of  the 
position  I  assumed,  I  propose  to  read  a  httle  from  the  same  law.  The 
President  is  correct  with  regard  to  the  English  Parliamentary  usage; 
but  1  find  in  Cushing  a  rule  applicable  to  assemblages  in  the  United 
States.    (Reads.) 

The  President.    That  is  true  with  regard  to  bodies  in  the  United  States. 

Mr.  Blunt.  Mr.  President,  I  move  to  strike  out,  in  the  first  section,  the 
words  "four  years"  and  insert  "one  year." 

Mr.  Stinson.    Not  in  order. 

The  President.    The  Chair  thinks  it  is. 

Mr.  Stinson.    I  think  it  is  not  an  amendment  in  the  second  degree. 

The  President.  A  proposition  may  be  amended  four  score  times,  and 
then  still  amendments  will  be  in  order;  but  not  more  than  two  at  the  same 
time. 

Mr.  Stinson.  I  so  understand  the  law;  but  I  understand  that  the 
proposition  as  originally  made  by  the  gentleman  from  Shawnee,  was  an 
amendment  to  a  proposition  then  pending. 

The  President.  The  original  motion  was  made  by  the  gentleman  from 
Shawnee;  different  motions  to  amend  have  been  made  from  time  to  time, 
until  the  question  recurred  upon  the  original  proposition  as  amended. 

Mr.  McDowell.  Mr.  President,  I  do  not  profess  to  know  anything 
about  parliamentary  law.  What  will  be  the  effect  of  mo\nng  to  lay  the 
amendment  upon  the  table?  It  cuts  off  discussion,  that  is  one;  and  the 
other  question  is,  whether  moving  to  lay  a  particular  amendment  upon  the 
table  takes  everything  upon  the  table? 

The  President.    The  Chair  does  not  so  imderstand  it. 

Mr.  Griffith.  I  would  enquire  what  has  become  of  the  amendment 
offered  by  the  gentleman  from  Atchison  ? 

The  President.  It  was  adopted.  All  after  the  word  "Resolved"  was 
stricken  out,  and  in  their  place  was  substituted  the  amendment  of  the 
gentleman  from  Atchison. 


454  Convention  Proceedings  and  Debates. 

Mr.  Greer.  On  yesterday  I  offered  a  resolution  that  the  House  go  into 
[*339]  ballot  for  the  location  of  the  capital.  After  an  amendment  *of- 
fered  by  the  gentleman  from  Douglas  was  voted  down,  it  left  my  proposi- 
tion before  the  House.  On  this  morning  I  offered  a  substitute  which  was 
adopted.  Now  that  substitute  has  been  amended  by  the  gentleman  fr.om 
Atchison. 

The  President.  The  amendment  of  the  gentleman  from  Atchison 
struck  out  all  after  the  word  "Resolved."  The  Chair  stated  on  yesterday 
that  in  order  to  simplify  this  question,  as  he  foresaw  a  great  deal  of  diffi- 
culty, that  he  would  rule  all  substitutes  as  amendments;  and  the  effect 
of  that  would  be,  in  this  case,  to  strike  out  all  after  the  word  "Resolved," 
and  substitute  the  amendment  in  its  place.  The  question  before  the  Con- 
vention after  dinner  was  upon  the  motion  of  the  gentleman  from  Atchison, 
which  had  taken  the  place  of  the  proposition  of  the  gentleman  from 
Shawnee. 

Mr.  Ritchie.  Is  the  question  on  the  amendment  offered  by  the  gen- 
tleman from  Brown?     (Mr.  Kingman.) 

The  President.  The  question  is  upon  the  amendment  of  the  gentleman 
from  Anderson  (Mr.  Blunt)  to  the  amendment  of  the  gentleman  from 
Brown  (Mr.  Kingman). 

The  amendment  was  rejected  on  a  division — affirmative  16,  negative  25. 

The  yeas  and  nays  were  demanded  on  Mr.  Kingman's  amendment,  and 
being  ordered  and  taken  resulted — yeas  16,  nays  33 — as  follows: 

Yeas — Messrs.  Burnett,  Burris,  J.  Blood,  N.  C.  Blood,  Crocker,  Gra- 
ham, Hutchinson,  Hoffman,  Kingman,  LilUe,  McCullough,  Stokes,  Simpson. 
Thacher,  Townsend,  Williams — 16. 

Nays — Messrs.  Arthwr,  Blunt,  Brown,  Barton,  Dutton,  Foster,  Forman, 
Greer,  Griffith,  Hippie,  Hubbard,  Hanway,  Houston,  Ingalls,  Lamb,  1^  id- 
dleton,  Moore,  McDowell,  McCune,  McClelland,  Preston,  Palmer,  Parks, 
Porter,  Ritchie,  Ross,  Signor,  Slough,  Stinson,  Stiarwalt,  J.  Wright,  Wrig- 
ley,  T.  S.  Wright— 33. 

So  the  amendment  was  rejected. 

Mr.  Graham.  Mr.  President,  I  rise  for  the  purpose  of  moving  the  pre-, 
vious  question. 

The  demand  was  seconded. 

The  resolution  was  then  adopted  under  the  operation  of  the  previous 
question. 

Mr.  Griffith.  Mr.  President,  before  the  vote  on  this  question  is  taken, 
I  desire  to  submit  a  word.  The  question  of  the  location  of  the  temporary 
capital  did  not  enter  into  the  canvass  in  the  county  which  I  in  part  repre- 
sent.   We  must,  therefore,  vote  as  our  individual  judgment  directs. 

The  people  of  Kansas  have  passed  upon  two  Constitutions  in  which  the 
temporary  capital  was  located  at  Topeka.  I  never  have  heard  any  of  my 
constituents  urge  an  objection  to  this  location  in  either  of  the  Constitu- 
tions. I  shall  vote  for  Topeka  as  the  place  for  the  temporary  capital,  not 
because  I  may  have  any  property  interests  in  the  place,  but  because  of  its 
historic  associations  with  the  struggle  for  freedom  in  Kansas.  I  shall  take 
this  responsibility,  although  the  gentleman  on  my  right  (Mr.  Thacher) 
thinks  that  possibly  I  may  not  represent  the  majority  of  my  constituents  in 
this  vote. 

The  President.  The  Clerk  will  now  proceed  to  call  the  roll,  and  mem- 
bers of  the  Convention  will  answer  the  place  of  their  choice  for  the  capital 
of  the  State  of  Kansas. 


Saturday,  July  23,  1859.  455 

The  first  call  of  the  vote  resulted  as  follows: 

Arthur,  Mound  City;  Burnett,  Mapleton;  Blunt,  ]\Iiuneola;  Brov\-n,  To- 
peka;  Barton  and  Burris,  Olathe;  J.  Blood  and  N.  C.  Blood,  Lawrence; 
Crocker,  Burlington;  Button,  Stanton;  Foster,  Topeka;  Forman,  Topeka; 
Graham,  Atchison;  Greer,  Topeka;  Griffith,  Manhattan;  Hippie  and  Hub- 
bard, Topeka;  Hutchinson,  Lawrence;  Hanway,  Minneola;  Hoffman,  Le- 
roy;  Houston,  Manhattan;  Ingalls  and  Kingman,  Atchison;  Lillie,  Em- 
poria; Lamb,  Mound  City;  Middleton,  Atchison;  Moore,  McDowell,  Mc- 
Cime  and  McClelland,  Topeka;  McCuUough,  Emporia;  Preston,  Burlin- 
game;  Palmer,  Louisville;  Parks,  Kickapoo;  Porter,  Troy;  Ritchie  and 
Ross,  Topeka;  Signor,  Humboldt;  Slough  and  Stinson,  Topeka;  Stiar- 
walt,  Palermo;  Stokes,  Lawrence;  Simpson,  Paola;  Thacher,  Lawrence; 
Townsend,  Big  Springs;  J.  Wright,  Topeka;  Wrigley,  Pike's  Peak;  T.  S. 
Wright,  Atchison;  Williams,  Lawrence;  Mr.  President,  Superior. 
[*340]  *Mr.  Wrigley.  Mr.  President,  I  voted  for  Pike's  Peak.  I  with- 
draw that  town  from  the  contest. 

Mr.  Kingman.    He  withdraws  it  from  the  canvass. 

The  President.  The  Chair  will  state  that,  according  to  the  resolution, 
all  except  the  four  highest  were  to  be  dropped.  It  seems  there  are  three 
which  have  a  larger  number  of  votes  than  the  others,  and  three  other 
towns  have  an  equal  number,  rendering  it  impossible  to  comply  with  the 
strict  provisions  of  the  resolu^^^ion. 

Mr.  Blunt.    I  move  that  it  be  restricted  to  two. 

The  President.  The  gentleman  would  have  to  move  a  reconsideration 
of  the  resolution.  By  general  consent  the  candidacy  will  be  confined  to 
the  three  highest — Topeka,  Lawrence  and  Atchison.  The  Clerk  will  call 
the  roll. 

The  second  call  of  the  roll  resulted  as  follows: 

Arthur,  Topeka;  Burnett  and  Blunt,  Lav.^rence;  Brown  and  Barton. 
Topeka;  Burris,  J.  Blood,  N.  C.  Blood  and  Crocker,  Lawrenre;  Button. 
Foster  and  Forman,  Topeka;  Craham,  Atchison;  Greer,  Griffith,  Hippie 
and  Hubbard,  Topeka;  Hutchinson,  Hanway  and  Hofi'man,  Lawrence; 
Houston,  Topeka;  Ingalls  and  Kingman,  Atchison;  Lillie  and  Lamb,  To- 
peka; Middleton,  Atchison;  Moore,  McBowell,  McCune,  McClelland,  Mc- 
CuUough and  Preston,  Topeka;  Palmer,  Atchison;  Parks,  Porter.  Ritchie. 
Ross,  Signor,  Slough,  Stirson  and  Stiarwalt,  Topeka;  Stokes,  Simpson, 
Thacher  and  Townsend,  Lawrence;  J.  Wright  and  Wrigley,  Topeka;  T.  S. 
Wright,  Atchison;  Williams,  Lawrence. 

Necessary  to  a  choice,  25.  Topeka  received  2G;  Lawrence,  14;  Atchi- 
son, 6. 

The  President.  Topeka  ha\-ing  received  a  majority  of  all  the  votes 
cast,  is  the  choice  of  this  Convention  as  the  temporary  capital  of  the  State 
of  Kansas. 

miscellaneous. 

Mr.  Slough.  Mr.  President,  the  report  of  the  committee  on  miscel- 
laneous matters  passed  through  the  committee  of  the  whole  has  never  been 
acted  upon  in  the  House. 

Mr.  Thacher.  We  adopted  the  article  as  a  whole  when  it  came  from 
the  committee  of  the  whole. 

Mr.  Stinson.  If  the  gentleman  will  excu.=e  me:  we  went  into  commit- 
tee of  the  whole  before  it  was  printed.  I  made  the  motion  that  the  further 
consideration  be  postponed  until  the  article  was  printed. 


456  .  Convention  Proceedings  and  Debates. 

Mr.  Thacher.    I  call  for  the  reading  of  the  journal  in  relation  to  that. 

The  President.  The  Chair  is  of  opinion  that  the  gentleman  from  Leav- 
enworth is  correct.    If  no  objection  is  made  it  will  be  taken  up. 

Mr.  Ingalls.  Mr.  President,  with  the  consent  of  the  Convention,  I 
would  like  to  submit  the  following  report  on  the  article  miscellaneous: 

"The  committee  on  phraseology  and  arrangement  having  had  under  con- 
sideration the  articles  entitled  'miscellaneous'  and  'judiciary,'  beg  permis- 
sion to  submit  the  following: 

REPORT — miscellaneous. 

Section  1,  lines  one  and  two,  strike  the  words  'in  this  Constitution.'  In 
line  two  strike  out  'in  such  manner.' 

Section  2,  line  one,  for  'duration'  read  'term.'  For  the  first  clause  read 
as  follows:  'The  terra  of  any  office  not  herein  provided  for  may  be  de- 
clared by  law.'  In  fifth  line  strike  out  'and  if  and  read  'when.'  In  line 
six  make  a  comma  instead  of  period  after  'appointment'  and  connect  the 
two  sentences. 

Section  3.  Strike  out  'for  any  purpose  whatever  shall  be,'  and  read 
'are.'    Strike  out  the  words  'in  this  State.' 

Section  4.  Strike  out  lines  ten,  eleven  and  twelve  as  far  as  the  words 
'shall  be  let,'  and  read  'all  public  printing.' 

Section  5.  In  line  fi/teen  insert  'the'  between  'and  several.'  Strike  out 
'from  time  to  time.' 

Section  6.  For  'general  assembly'  read  'Legislature.'  Strike  out  'by 
[*341]  law'  in  Une  seventeen.  In  hne  eighteen  strike  out  words  *'the' 
and  'of.'  In  line  nineteen  strike  out  'or  other  person.'  In  hne  twenty 
strike  out  words  'with  the  husband'  and  all  after  'children.' 

Section  7.  Strike  out  'shall  have  power  to,'  and  read  'may.'  In  line 
twenty-four,  before  'duty'  read  'legal,'  strike  out  the  words  'that  may  be 
assigned  them  by  law.' 

Mr.  Kingman.  I  move  to  take  up  the  report  of  the  committee  on 
arrangement  and  phraseology  and  adopt  it. 

Mr.  Thacher.  I  ask  the  gentleman  from  Brown  (Mr.  Kingman)  to 
amend  his  motion  so  that  we  may  take  up  both. 

Mr.  Kingman.    Agreed. 

The  President.  By  consent  it  is  so  ordered.  Unless  objection  is 
made,  it  will  be  taken  up  section  by  section. 

The  committee's  amendments  to  the  miscellaneous  article  were  then 
read,  section  by  section,  and  severally  adopted. 

Mr.  Hutchinson.  Mr.  President,  I  desire  to  move  to  reconsider  the 
vote  adopting  the  sixth  section,  for  the  purpose  of  amending  it  in  one  par- 
ticular. It  now  grants  protection  to  the  rights  of  women  married  and 
single  in  acquiring  and  possessins  property,  real,  personal  and  mixed.  I 
propose  to  add  the  word  'defending'  after  'possessing.' 

Mr.  McDowell.  Mr.  President,  it  does  seem  to  me  the  word  protec- 
tion covers  all  general  usage.  It  would  be  necessary  to  make  a  reconsidera- 
tion to  get  in  that  useless  word. 

The  motion  was  lost  upon  a  division— affirmative  18,  negative  19. 

Mr.  Hutchinson.  I  had  an  impression  that  two  gentlemen  rose  in  that 
part  of  the  House  who  were  not  counted.  I  will  ask  for  the  yeas  and 
nays. 


Saturday,  July  23,  1859.  457 

The  yeas  and  nays  were  ordered,  and  being  taken,  resulted — yeas  22, 
nays  26— as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  J.  Blood,  N.  C.  Blood,  Crocker, 
Button,  Griffith,  Hutchinson,  Hanway,  Houston,  Lamb,  McCullough, 
Preston,  Porter,  Ritchie,  Signer,  Stokes,  Simpson,  Thacher,  Townsend, 
Wilhams— 22. 

Nays — Messrs.  Brown,  Barton,  Burris,  Foster,  Forman,  Graham,  Greer, 
Hippie,  Hubbard,  Hoffman,  Ingalls,  Kingman,  Lillie,  Middleton,  Woore, 
McDowell,  McCune,  Palmer,  Parks,  Ross,  Slough,  Stinson,  Stiarwalt,  J. 
Wright,  Wrigley,  T.  S.  Wright— 26. 

So  the  motion  to  reconsider  was  rejected. 

Mr.  Greer.  I  offer  the  following  as  an  additional  section.  I  believe 
it  should  be  numbered  section  8 — 1  am  not  certain: 

"Sec.  8.  The  temporary  seat  of  government  of  the  State  of  Kansas  is 
hereby  located  at  the  city  of  Topeka,  county  of  Shawnee;  and  the  first 
Legislature  under  this  Constitution  shall  provide  by  law  for  submitting 
the  question  of  the  permanent  location  of  the  capital  of  Kansas  to  a  popu- 
lar vote;  and  a  majority  of  all  the  votes  cast  at  some  general  election  shall 
be  necessary  for  such  location." 

The  President.  The  Chair  is  of  opinion  the  section  is  not  in  order, 
from  the 'fact  that  the  resolution  adopted  by  the  Convention  covers  the 
ground. 

Mr.  Greer.    I  withdraw  it  to  offer  the  following: 

"The  capital  of  this  State  is  hereby  located  at  Topeka,  Shawnee  county, 
until  removed  by  a  majority  vote  of  the  electors  of  the  State." 

Mr.  Blunt.  I  would  like  to  know  if  that  question  has  not  been  settled 
by  the  adoption  of  the  resolution  of  the  gentleman  from  Atchison? 

The  President.  The  Chair  will  state  that  the  section,  to  be  in  order, 
must  conform  to  the  resolution  which  was  adopted  by  the  Convention. 

Mr.  Kingman.  I  think  the  better  way  will  be  to  let  it  go  to  the  com- 
mittee on  phraseology  and  arrangement. 

The  President.  The  committee  can  be  instructed  to  prepare  a  section 
in  accordance  with  the  terms  of  the  resolution  passed. 

Mr.  Slough.    I  think  we  had  better  dispose  of  it  here. 

Mr.  Griffith.    Would  it  not  cover  the  whole  ground  if  the  resolution 
should  be  made  a  section  in  the  miscellaneous  department? 
[*342]     *The  President.    It  would. 

Mr.  Griffith.    I  make  that  motion. 

The  motion  was  agreed  to. 

Mr.  Preston.  I^^r.  President,  if  in  order,  I  would  like  to  ofTer  an  addi- 
tional section.    I  will  read  it. 

"Sec. .    The  Legislature  shall  have  power  to  regulate  or  prohibit  the 

sale  of  alcoholic  hquors,  except  for  mechanical  and  medicinal  purposes." 

Mr.  Slough.    I  move  to  lay  it  on  the  table. 

Mr.  Blunt.    And  a  bottle  of  whiskey  with  it. 

The  yeas  and  nays  were  demanded  on  the  motion  to  lay  on  the  table, 
and  being  ordered  and  taken,  resulted — yeas  19,  nays  31 — as  follows: 

Yeas — Messrs.  Blunt,  Brown,  Barton,  Foster,  Hippie,  Hubbard,  Hoff- 
man, Ingalls,  Lillie,  IN^oore,  McDowell,  Palmer,  Parks,  Porter,  Slough, 
Simpson,  Thacher,  J.  Wright,  Wrigley — 19. 


458  CoNX'ENTioN  Proceedings  and  Debates. 

Nays — Messrs.  Arthur,  Burnett,  Burris,  J.  Blood,  N.  C.  Blood,  Crocker, 
Button,  Forman,  Graham,  Greer,  Griffith,  Hutchinson,  Hanway,  Houston, 
Kinsman,  Lamb,  Middleton,  McCune,  McClelland,  McCuUough,  Preston, 
Ritchie,  Ross,  Signor,  Stinson,  Stiarwalt.  Stokes,  Townsend,  T.  S.  Wright, 
Williams— 31. 

So  the  motion  was  rejected. 

Mr.  Stinson.  I  move  to  insert  after  the  word  "medicinal."  the  words 
"and  other." 

The  motion  was  laid  on  the  table. 

Mr.  Thacher.  Mr.  President,  I  hope  the  Convention  will  pause  a  little 
before  going  into  this  special  legislation.  There  is  no  doubt  but  that  the 
Legislature  has  complete  control  over  this  question,  and  I  do  not  wish  to 
see  this  Constitution  enter  into  these  details.  I  suppose  I  am  as  strong  a 
temperance  man  as  there  is  upon  this  floor — I  never  tasted  a  drop  of 
whiskey  in  my  life.  I  don't  know  what  it  tastes  like — but  after  all,  I 
think  it  is  unwise  for  us  to  incorporate  a  provision  of  this  nature  into  the 
Constitution.  You  gain  nothing  by  it — you  lose  by  it.  I  submit  to  mem- 
bers of  the  Convention  that  it  would  be  but  to  defeat  the  Constitution  be- 
fore the  people.  I  think  all  these  things  had  better  be  left  to  the  people, 
and  if  they  demand  a  proh-bitory  law,  I  trust  we  will  have  a  Legislature 
that  will  pass  such  a  law.  But  don't  let  us  insert  such  a  provis-on  in  the 
Constitution.  The  enemies  of  the  Constitution  will  be  very  glad  to  seize 
upon  a  principle  like  that.  I  do  not  think  it  wise  to  have  any  special 
legislation  in  a  Constitution.  We  are  framing  the  first  Constitution  for  the 
State.  Let  us  leave  these  vexed  questions  to  one  side,  trusting  to  the 
Legislature  to  regulate  all  these  things.  It  is  unwise  for  us  to  jeopardize 
the  Constitution  with  so  much  legislation.  My  view  is  upon  this  ground, 
and  I  agreed  with  the  gentleman  from  Leavenworth,  Mr.  Slough,  the  other 
day,  when  he  moved  to  strike  out  of  the  article  on  education  a  clause  re- 
ferring to  separate  schools  for  negroes.  The  Legislature  having  complete 
control  over  this  matter,  I  was  unwilling  to  see  the  Constitution  lumbered 
with  all  this  buncombe  kind  of  legislation.  I  trust  this  thing  will  not  be 
pressed.  I  am  sure  there  is  no  stronger  temperance  man  than  I  am,  but 
I  am  opposed  to  this  section,  belie\ing  it  to  be  impolitic.  Don't  let  us 
jeopardize  the  interests  of  our  party  by  bringing  in  questions  of  this  kind. 
In  New  York  it  was  sought  to  be  inserted  there,  but  it  was  opposed  by  the 
strongest  temperance  men  in  the  State,  upon  the  ground  that  it  was  not  in 
the  issues  at  all.  The  great  issue  with  us  being  freedom  or  slavery,  let  us 
settle  this  question.  I  beg  of  you  not  to  incorporate  a  handle  for  our 
enemies  to  employ  against  us.  Leave  it  to  the  Legislature,  and  let  us  pass 
only  upon  our  legitimate  business. 

Mr.  Hutchinson.  Mr.  President,  althoueh  I  cannot  say  I  never  drank 
a  drop  of  whiskey  in  my  life,  I  believe  there  is  some  necessity  for  the 
passaire  of  this  section.  If  it  were  true  that  we  are  to  struggle  forever  for 
[*343]  freedom  of  Kansas;  if  it  were  *true  that  the  one  question  of 
slavery  was  to  be  kept  forever  alive  in  Kansas,  then  I  would  like  to  see 
nothing  but  what  would  bring  "nigger"  before  our  eyes;  but  I  believe  there 
are  questions  of  the  utmost  importance  which  will  come  before  us,  as  well 
as  that  question.  It  is  not  a  question  settled  by  law  nor  precedent.  If  we 
are  looking  to  the  future  moral  as  well  as  political  well  being  of  Kansas, 
let  us  throw  a  guard  around  it  while  the  power  is  in  our  hands.  It  can  do 
no  harm.  I  doubt  whether  there  is  a  man  in  the  whole  State  who  will  vote 
against  the  Constitution  in  consequence  of  a  provision  of  that  kind. 


Saturday,  July  23,  1859.  459 

A  motion  to  adjourn  was  rejected  upon  a  division — affirmative  18, 
negative  21. 

Mr.  Blunt.  Mr.  President,  I  do  not  desire  to  make  a  temperance  or 
anti-temperance  speech,  but  I  rise  to  enter  my  protest  against  this  Con- 
vention voting  down  this  Constitution,  by  loading  it  with  extraneous 
issues  which  can  possibly  be  of  no  benefit.  If  we  adopt  such  a  provision 
it  will  array  a  large  class  of  people  against  the  Constitution.  I  believe 
that  the  history  of  the  temperance  cause  in  this  country  has  proved  that 
no  good  has  ever  resulted  from  attempting  to  legislate  upon  it  in  this 
way.  I  am  in  favor  of  temperance,  but  I  think  the  legislature  has  juris- 
diction over  this  matter,  and  has  authority  to  pass  stringent  laws  upon 
the  subject.  I  think  we  have  now  in  this  Constitution  some  things  that 
are  going  to  embarrass  it,  and  if  we  go  on  bringing  up  these  issues  we  may 
look  for  certain  defeat.  I  do  protest  against  this  whole  policy;  so  do  I 
protest  against  this  course  being  pursued  by  men  who  have  been  exhort- 
ing me  not  to  bring  up  extraneous  questions  here;  and  if  they  do  not 
regard  the  safety  of  the  Constitution  sufficiently  to  forego  these  ques- 
tions, then  I  must  be  left  to  pursue  the  course  1  may  deem  proper. 

Mr.  Preston.  Mr.  President,  I  was  surprised  to  hear  the  gentleman 
from  Douglas'  (Mr.  Thacher)  arguments.  He  has  been  arguing  against 
this  section  because  it  is  special  legislation.  I  want  to  know  if  we  have 
not  several  articles  in  substance  like  this,  already  in  the  Constitution, 
saying  the  Legislature  shall  have  power  to  do  this  thing  and  that  thing? 
If  the  legislature  has  power  to  act  without  special  constitutional  enact- 
ment, why  not  say  that  they  shall  have  power  to  do  what  they  please? 
If  the  legislature  should  ever  want  to  enact  a  liquor  law,  I  suggest  that 
there  should  not  be  anything  in  the  way. 

Mr.  Stinson.  I  will  simply  state  that  in  Maine,  where  there  is  no 
constitutional  provision,  a  law  has  been  declared  constitutional  more  strin- 
gent than  any  you  will  get  here. 

Mr.  Preston.  I  think  that  allowing  the  sale  of  intoxicating  liquors 
indiscriminately  as  against  humanity,  is  the  worst  thing  that  can  happen; 
and  I  desire  to  see  this  State  take  a  stand  upon  the  side  of  temperance; 
and  if  we  have  stringent  laws  upon  our  statute  book,  we  certainly  shall 
have  a  moral  people.    I  am  in  favor  of  the  section. 

The  yeas  and  nays  were  demanded. 

Mr.  President  Winchell.  (Mr.  Townsend  in  the  Chair.)  I  desire 
to  say  one  word  upon  this  question.  I  presume  my  own  position  as  to 
temperance  will  not  be  challenged.  If  I  may  believe  legal  arguments,  this 
section  seems  to  be  necessary;  and  I  agree  with  those  who  advance  the 
argument  that  it  is  unnecessary — if  the  decision  of  the  courts  has  rendered 
it  competent  for  the  legislature  to  deal  with  this  question  in  its  own  way, 
it  is  folly  for  different  reasons  to  incorporate  it  in  our  organic  law.  I 
believe  gentlemen  who  make  these  statements  are  in  possession  of  the 
facts,  and  know  whether  they  are  correct  or  not.  It  is  a  matter  in  regard 
to  which  I  do  not  profess  to  be  posted;  but,  taking  these  statements  to 
[*344]  be  correct,  it  seems  to  *me  this  section  had  not  better  be  incor- 
porated into  the  Constitution. 

Mr.  Hutchinson.  I  would  add  that  a  similar  section  has  been  in- 
corporated into  the  constitution  of  Minnesota  or  California.  After  due 
consideration  of  the  subject,  it  was  believed  it  would  be  necessary. 

Mr.  Preston.    I  withdraw  the  section. 

The  article  on  miscellaneous,  as  amended  by  the  committee  of  arrange- 


460  Convention  Proceedings  and  Debates. 

ment  and  phraseology,  was  then  adopted,  and  recommitted,  under  the 
rule  for  arrangement  and  enrollment. 

And  then 

On  motion,  the  Convention  adjourned  till  Monday  morning,  8  o'clock. 


Monday,  July  25,  1859. 
The  Convention  met  at  8  o'clock,  a.  m. 
Prayer  by  the  Chaplain. 

The  absentees  on  the  roll-call  were  Messrs.  Brown,  Crocker,  May,  Perry, 
Ross,  Thacher  and  J.  Wright. 

The  journal  of  Saturday  was  read  and  authenticated. 

ASSISTANT   SERGEANT-AT-ARMS. 

The  President  announced  that  the  Sergeant-at-Arms  had  appointed 
Mr.  Francis  House  as  his  Assistant. 

KANSAS   CLAIMS. 

Mr.  Blunt  submitted  the  following: 

"Resolved,  That  a  committee  of  four  be  appointed  to  draft  a  Memorial 
to  Congress,  asking  for  an  appropriation  from  the  general  government 
to  pay  the  claims  of  the  citizens  of  Kansas,  awarded  by  the  Commissioners 
appointed  under  the  Act  of  the  7th  of  February,  1859." 

Mr.  Stinson.  Mr.  President,  before  that  resolution  is  adopted,  I  sup- 
pose the  committee  on  Ordinance  should  be  discharged  from  that  duty. 

The  President.  The  Chair  understands  that  by  previous  action,  the 
duty  of  drafting  such  a  Memorial  to  Congress  was  devolved  on  the  com- 
mittee on  Ordinance. 

Mr.  Blunt.    If  that  be  the  case,  I  withdraw  the  resolution. 

Mr.  Slough.  Mr.  President,  I  beheve  a  report  is  expected  this  morn- 
ing from  the  committee  on  Arrangement  and  Phraseology. 

Mr.  Ingalls.  I  might  have  been  prepared  to  present  a  part  of  our 
report  on  the  Miscellaneous  article,  but  the  minutes  of  our  committee  pro- 
ceedings on  Saturday  were  mislaid,  and  therefore  I  am  unable  to  make  a 
report  at  this  time. 

Mr.  Slough.  Then,  as  there  appears  to  be  nothing  for  the  consideration 
of  the  Convention,  I  move  a  recess  till  ten  o'clock,  to  give  time  for  the  com- 
mittee on  Phraseology  and  Arrangement  to  prepare  matter. 

The  motion  was  agreed  to,  and  accordingly  the  Convention  took  a  recess 
till  ten  o'clock. 


PREAMBLE  AND  BILL  OF  RIGHTS — BOUNDARY. 

The  President  resumed  the  chair  at  the  expiration  of  the  recess. 

Mr.  Ingalls,  from  the  committee  on  Phraseo'ogy  and  Arrangement,  re- 
ported back  the  article  on  the  Preamble  and  Bill  of  Rights,  with  sundry 
amendments.    The  report  follows: 

"The  committee  on  Phraseology  and  Arrangement  having  had  under 
consideration  the  article  entitled  "Preamble  and  Bill  of  Rights,"  beg  to 
submit  the  following 


Monday,  July  25,  1859.  461 

REPORT. 

In  the  first  part  of  the  Preamble,  read,  "We  the  people  of  Kansas 
grateful  to  Almighty  God  for  our  civil  and  religious  privileges,  in  order  to 
ensure  the  full  enjoyment  of  our  rights  as  American  citizens,  do  ordain  and 
establish  this  Constitution  of  the  State  of  Kansas  with  the  following 
boundaries."    In  line  twelve,  read  for  "westward,"  "running  west." 

For  Section  1  read  "Sec.  1."    In  line  three  strike  out  the  words  "those  of." 

In  Section  6,  last  line  but  one,  for  "parties"  read  "party." 

In  section  7,  in  Une  1,  strike  out  words  "of  every  person";  in  line  three 
[*345]  strike  out  words  "their  own";  in  lines  five  and  six  strike  out  *and 
read  "to  attend  or  support  any  form  of  worship";' for  "or"  before  "any 
preference"  read  "nor";  in  lines  eleven  to  fifteen  inclusive,  read  as  fol- 
lows: "No  religious  test  or  property  qualification  shall  be  required  for 
any  office  of  public  trust  nor  for  any  vote  at  any  election";  for  "be  a 
witness"  read  "testify,"  and  strike  out  all  after  "belief." 

In  Section  8,  transpose  and  read  "Unless  the  public  safety  requires  it 
in  case  of  invasion  or  rebellion." 

In  Section  10,  line  one,  read:  "In  all  prosecutions,  the  accused,"  &c.; 
in  line  twelve  strike  out  "in  a  criminal  cause." 

In  Section  11,  strike  out  word  "forever"  in  line  five;  before  "actions," 
read  "civil  or  criminal";  after  the  word  "jury"  read  "and  if  it  shall  appear"; 
strike  out  words  "is  true  and";  strike  out  "discharged  or." 

Section  12,  for  "out  of"  read  "from"  in  line  three;  for  "constitution" 
read  "conviction";  strike  out  all  after  "estate." 

Section  14,  for  "owner"  read  "occupant";  for  "in  a  manner"  read  "as"; 
strike  out  "the"  before  "time  of  war." 

Section  15,  for  "houses,  papers,  estates,"  &c.  read  "property";  in  line 
five,  for  "one"  read  "on";  in  last  line,  for  "things"  read  "property." 

Section  16,  read  "No  person  shall  be  imprisoned  for  debt  except  in  cases 
of  fraud."    Strike  out  all  after  "fraud." 

Section  17,  strike  out  "by  law";  for  "resdient  aliens"  read  "citizens  and 
aliens";  for  "possession"  read  "purchase." 

Section  18,  read:  "All  persons  for  injuries  suffered  in  property,  person 
or  reputation,  shall  have  remedy  by  due  course  of  law,  and  justice  admin- 
istered without  delay." 

Section  19,  strike  out  all  after  "State." 

Section  20,  strike  out  entire. 

The  consideration  of  this  report  was  taken  up. 

The  chairman  of  the  committee  reporting  read  the  amendments  to  the 
first  section. 

Mr.  Wric.ley.  Mr.  President,  I  desire  to  move  an  amendment  to  the 
boundary  of  the  State — carrying  the  western  boundary  back  so  as  to  in- 
clude the  boundary  prescribed  in  the  organic  act. 

The  President.    The  gentleman's  amendment  is  out  of  order. 

Mr.  Hutchinson.  Do  I  understand  this  to  be  the  final  passage  of 
matter? 

The  President.    It  is  the  adoption  of  the  report  of  the  committee. 

The  several  amendments  recommended  by  the  committee  on  Phrase- 
ology and  Arrangement  were  then  considered  and  concurred  in,  by  sections. 

Mr.  Hutchinson.  Mr.  President,  we  have  stricken  out,  in  the  12th 
section,  all  after  the  word  "estate"  these  words:  "nor  shall  any  person 
be  hable  to  be  conveyed  out  of  this  State  for  trial  in  any  case  where  the 


462  Convention  Proceedings  and  Debates. 

offence  was  committed  within  the  same."     I  would  inquire  whether  this 
matter  is  provided  for  in  any  other  part  of  the  Constitution? 

The  President.  The  recollection  of  the  Chair  is,  that  this  was  stricken 
out  because  it  was  inconsistent — because  it  would  be  impossible  to  do  what 
it  prescribes. 

Mr.  Wrigley.  Mr.  President,  I  move  that  this  article  be  recommitted 
to  the  committee  on  Phraseology  and  Arrangement,  with  instructions  to 
change  the  boundary  of  the  proposed  State  so  as  to  make  it  conform 
to  that  in  the  organic  act. 

The  President.    The  motion  is  not  in  order. 

Mr.  Wrigley.  Then  I  move  a  reconsideration  of  the  Preamble,  for  the 
purpose  of  changing  the  boundary. 

The  President.  That  motion  is  not  in  order  for  the  reason  that,  on 
the  adoption  of  that  portion  of  the  article,  the  gentleman  from  Brown 
moved  to  reconsider  the  vote,  and  then  on  his  further  motion,  the  motion 
to  reconsider  was  laid  on  the  table. 

Mr.  Wrigley.    Is  there  any  manner  of  reaching  it? 
[*346]     *The  President.     In  the  opinion  of  the  Chair,  all  amendment 
of  this  portion  of  the  Article  is  cut  off. 

Mr.  McDowell.  Mr.  President,  in  section  five  of  this  Article  the  read- 
ing is  as  follows: 

"The  right  of  trial  by  jury  shall  be  inviolate,  and  extend  to  persons 
of  every  condition;  but  a  jury  trial  may  be  waived  by  the  parties  in  all 
cases,  in  the  manner  prescribed  by  law." 

My  object  in  rising  is,  to  make  a  motion  to  strike  out  these  words: 
"and  extend  to  persons  of  every  condition." 

The  President.    The  motion  is  not  in  order. 

Mr.  McDowell.  Then  I  move  to  reconsider  the  vote  adopting  this 
section,  for  the  purpose  of  amendment. 

The  President.    That  motion  is  in  order,  and  will  be  entertained. 

Mr.  McDowell.  It  seems  to  me,  Mr.  President,  that  that  very  valu- 
able right  we  propose  to  secure  to  the  citizen  in  retaining  the  right  of 
trial  by  jury,  intact,  will  be  accomplished  by  the  words,  "The  right  of 
trial  by  jury  shall  be  inviolate."  I  cannot  see  what  force  or  sense  the  ad- 
ditional words,  "and  extend  to  persons  of  every  condition,"  give  to  the 
section.  I  think  they  are  mere  surplusage,  or  they  were  put  in  to  make 
the  sense  doubtful.  If  that  be  the  case,  a  grave  question  might  be 
raised  by  Congress  in  passing  upon  our  Constitution.  It  might  be  affirmed, 
that  this  clause  was  intended  to  give  the  right  of  trial  by  jury  to  an 
alleged  fugitive  from  labor  owing  to  his  master.  If  that  construction  be 
just,  then  manifestly  the  clause  would  be  in  contravention  of  a  law;  of 
Congress — the  fugitive  slave  law — and  opposed  to  the  Constitution  of  the 
United  States — and  to  that  extent,  our  Constitution  would  be  itself  un- 
constitutional. I  therefore  move  that  this  section  be  reconsidered,  in  order 
that  the  Convention  may  strike  out  these  words. 

The  President.  The  Chair  desires  to  know  whether  the  proposed 
amendment  of  the  gentleman  has  not  been  before  proposed  in  Convention, 
and  voted  down? 

Mr.  Stinson.  It  strikes  me  that  the  same  matter  was  acted  on  only 
in  committee  of  the  whole. 

The  President.  If  it  was  only  voted  upon  in  committee  of  the  whole, 
the  amendment  will  be  in  order. 


Monday,  July  25,  1859.  463 

Mr.  McDowell  demanded  the  yeas  and  nays  on  the  motion  to  recon- 
sider; and  they  were  ordered  and  being  taken  resulted — yeas  16,  nays  30 — 
as  follows: 

Yeas — Messrs.  Barton,  Foster,  Forman,  Greer,  Hippie,  Hubbard,  Moore, 
McDowell,  McCune,  McClelland,  Palmer,  Parks,  Slough,  Stinson,  Stiar- 
walt,  Wrigley — 16. 

Nays — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Dutton,  Graham,  Griffith,  Hutchinson,  Hanway,  Hoffman,  Hous- 
ton, Ingalls,  Kingman,  Lillie,  Lamb,  Middleton,  McCuUoush,  Preston, 
Porter,  Ritchie,  Ross,  Signor,  Stokes,  Simpson,  Townsend,  WiUiams,  Mr. 
President — 30. 

So  the  committee  refused  to  reconsider. 

Mr.  Stinson.  Mr.  President,  I  understand  that  some  days  ago,  when 
this  Article  was  up,  the  parliamentary  dodge  was  applied  only  to  the 
preamble,  and  not  to  the  proposition  of  the  gentleman  from  Douglas 
(Mr.  Thacher)  to  change  the  boundary.  I  now  renew  my  motion  to  re- 
consider the  boundary,  for  the  purpose  of  amending,  by  inserting  these 
words: 

"Provided  that  Congress  may  fix  the  boundaries  of  the  State  of  Kansas 
as  established  by  the  Act  of  Congress  organizing  the  Territories  of  Kansas 
and  Nebraska  for  the  Territory  of  Kansas." 

The  PREsmENT.  The  Chair  does  not  understand  the  distinction  the 
gentleman  makes. 

Mr.  Stinson.  The  point  is  this:  The  preamble  is  not  the  boundary. 
The"  boundary  is  a  distinct  proposition,  independent  of  the  preamble.  It 
was  the  preamble — the  first  part  as  here  printed — that  was  affected  by 
[*347]  the  motion  to  reconsider  and  lay  on  the  table.  I  *move  to  re- 
consider so  much  as  was  not  affected  by  these  motions. 

The  President.  The  Chair  will  be  under  the  necessity  of  appealing  to 
the  journal. 

Mr.  Kingman.    It  was  last  Saturday  week. 

Messrs.  Stinson,  Blunt,  Houston,  and  the  Chair,  continued  the  dis- 
cussion of  this  point,  depending  upon  recollection — the  journal  being  out 
of  the  Hall  in  the  hands  of  the  copying  journal  clerk. 

Mr.  Hutchinson.  Could  not  this  matter  be  reached  by  unanimous 
consent  ? 

The  President.  The  Chair  is  of  opinion  that  anj^thing  can  be  done  by 
unanimous  consent. 

Mr.  Stinson.    Could  not  this  rule  be  suspended  by  a  two-third  vote? 

The  President.  It  might  for  future  action;  but  not  so  as  to  affect  any 
action  in  the  past. 

Mr.  Hutchinson.  I  was  about  to  say,  that  in  conversation  with  several 
members  who  voted  for  the  amendment  of  the  western  boundary,  as 
moved  by  the  gentleman  from  Douglas  (Mr.  Thacher),  I  learn  that,  after 
reflection,  they  have  come  to  the  conclusion  that  they  had  committed  a 
slight  mistake,  and  they  were  desirous  of  correcting  it  by  a  reconsideration. 
Even  Mr.  Thacher  himself  says  he  made  a  mistake.  He  intended  to  have 
moved  the  twenty- fourth  meridian  west  from  Washington,  instead  of  the 
twenty-third.  And  I  think,  under  all  the  circumstances,  that  the  Con- 
vention will  be  willing  to  extend  the  western  boundary  to  the  twenty- 
fourth  meridian,  if  it  can  be  reached  again.    This  may  be  an  important 


464  Convention  Proceedings  and  Debates. 

question  in  our  future,  and  this  is  perhaps  the  only  time  in  which  it  can  be 
reached.    I  therefore  hope  the  Convention  will  reconsider  unanimously. 

The  President.  A  motion  to  reconsider  has  just  been  put  and  re- 
jected; and  until  some  other  business  shall  have  intervened  it  cannot  be 
in  order  to  put  the  same  motion  again. 

Mr.  Stinson  and  Mr.  McDowell.    That  motion  was  on  another  section. 

Mr.  Hutchinson.  I  will  make  the  motion  to  reconsider  the  vote  in 
relation  to  the  western  boundary. 

Mr.  Graham.    I  object. 

The  President.    The  motion  then  is  not  in  order. 

Mr.  Stinson.  ]\'^r.  President,  I  offer  the  following  as  an  additional 
section  to  the  Preamble  and  Bill  of  Rights: 

"Sec.  .     Nothing  herein  shall  prevent   Congress  from   fixing  the 

boundaries  of  the  State  of  Kansas,  as  established  by  the  Act  of  Congress 
organizing  the  Territories  of  Kansas  and  Nebraska  for  the  Territory  of 
Kansas." 

Mr.  Blunt.  I  move  that  the  amendment  be  laid  upon  the  table,  and 
made  the  special  order  for  this  afternoon  at  three  o'clock. 

The  motion  was  rejected. 

Mr.  Slough  demanded  the  yeas  and  nays  on  the  adoption  of  Mr. 
Stinson's  amendment,  and  the  vote  stood — yeas  18,  nays  27 — as  follows: 

Yeas — Messrs.  Barton,  Foster,  Forman,  Greer,  Hippie,  Hubbard,  Hous- 
ton, Moore,  McDowell,  McCune,  McClelland,  Palmer,  Parks,  Porter, 
Slough,  Stinson,  Stiarwalt,  Wrigley — 18. 

Nays — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  N.  C.  Blood,  J.  Blood, 
Crocker,  Dutton,  Graham,  Griffith,  Hutchinson,  Hanway,  Hoffman,  In- 
galls,  Kingman,  Lillie,  Lamb,  AMddleton,  McCullough,  Preston,  Ritchie, 
Ross,  Signor,  Stokes,  Simpson,  Townsend,  Williams — 27. 

So  the  amendment  was  rejected. 

Mr.  Graham  demanded  the  previous  question  on  the  adoption  of  this 
Article,  as  a  whole,  but  withdrew  for 

Mr.  Hutchinson,  who  submitted  the  following,  as  an  additional  sec- 
tion: 

"It  is  further  provided,  That  nothing  herein  contained  shall  prevent 
Congress  from  fixing  the  Western  boundary  on  the  twenty-fourth  meridian 
west  from  Washington." 

On  motion  by  Mr.  Slough  it  was  laid  on  the  table. 
[*348]      Mr.  Stinson.    Mr.  President,  I  desire  to  *offer  the  following,  as 
section  20  of  the  Bill  of  Rights: 

"Sec.  20.  It  is  further  provided,  that  nothing  herein  contained  shall  be 
construed  in  any  way  to  hinder  or  delay  the  execution  of  the  laws  of  the 
United  States." 

Mr.  Blunt.    I  move  to  lay  it  on  the  table. 

Mr.  Slough  demanded  the  yeas  and  nays,  and  the  vote  stood — yeas 
29,  nays  15 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris.  N.  C.  B'ood,  Crocker, 
Dutton,  Greer,  Graham,  Griffith,  Hutchinson,  Hanway,  Hoffman,  Houston, 
Insalls,  Kingman,  Lillie,  Lamb.  Middleton.  McCullouirh,  Preston,  Porter, 
Ritchie,  Ross,  Signor,  Stokes,  Simpson,  Townsend,  Williams — 29. 

Nays — Messrs.  Barton,  Foster,  Forman,  Hippie,  Hubbard,  Moore,  Mc- 


Monday,  July  25,  1859.  465 

Dowell,  McClelland,  McCune,  Palmer,  Parks,  Slough,  Stinson,  Stiarwalt, 
Wrigley — 15. 

So  the  amendment  was  laid  on  the  table. 

Mr.  Blunt.    I  now  move  the  adoption  of  the  Article  as  a  whole. 

The  President.    That  follows  without  a  motion. 

So  the  Article  was  adopted,  and  under  the  rule,  reported  to  the  com- 
mittee on  Phraseology  and  Arrangement  for  enrollment. 

FREE    persons   OF   COLOR. 

Mr.  Parks.  Mr.  President,  would  it  be  in  order  to  move  instructions 
to  the  committee  on  Phraseology  and  Arrangement  to  report  an  addi- 
tional section  to  the  article  on  miscellaneous  matters? 

The  President.  Is  it  in  their  hands  for  the  purpose  of  arranging  the 
phraseology  ? 

Mr.  Parks.    I  understand  that  it  is  in  their  hands  for  revision. 

Mr.  Slough.  It  has  gone  to  the  committee  for  arrangement  and  en- 
rollment. 

The  President.  The  recollection  of  the  Chair  is,  that  the  report  has 
been  finally  acted  on. 

Mr.  Parks.  Then  I  move  to  recall  the  report,  to  enable  me  to  make  a 
motion  to  reconsider,  and  introduce  the  following  as  a  section  in  the  article 
on  miscellaneous: 

"Sec.  .    No  free  negro  or  mulatto  shall  ever  come  into  this  St.at<?' 

after  the  admission  of  the  same." 

Mr.  Hutchinson.  I  rise  to  a  point  of  order.  I  think  precisely  the 
same  resolution,  in  the  same  words,  has  been  voted  down. 

The  President.  If  there  is  not  a  change  in  the  word  "nigger,"  the 
point  is  well  taken. 

Mr.  Wrigley.  Mr.  President,  I  move  to  recall  the  miscellaneous  article, 
to  enable  me  to  reconsider,  and  introduce  the  following: 

"Sec.  .     That  nothing  in  this  Constitution  contained  shall  be  so 

construed  as  to  mean  that  the  people  are  to  be  taxed  to  support  schoolf 
for  negro  or  mulatto  chiMren,  or  that  an  enumeration  of  nesro  and  mulatto', 
children  must  be  made  in  making  a  distribution  of  the  school  funds;  and 
nothing  in  this  Constitution  contained  shall  be  so  construed  as  to  permit 
negroes  or  mulattoes  to  vote  at  any  election,  or  that  negro  or  mulatto  chil- 
dren are  to  be  educated  in  the  schools  or  universities  provided  for  in  this 
Constitution." 

The  President.  The  Chair  is  compelled  to  say,  that  he  beheves  it  his 
duty,  aside  from  political  considerations,  to  adhere  to  that  well  understood 
parliamentary  rule,  that  the  same  matter  which  has  once  been  disposed  of 
■by  rejection,  cannot  be  again  entertained  by  the  Convention. 

Mr.  McDowell.  My  recollection  does  not  correspond  with  that  of 
the  Chair.  I  do  not  think  that  any  proposition  simi'ar  to  that  of  the 
gentleman  from  Doniphan  (Mr.  Wrigley)  has  been  before  the  Convention. 

The  President.  The  Chair  will  state,  that  the  language  of  the  parlia- 
mentary law  is,  that  where  a  proposition  is  the  same  in  substance,  if  not  in 
form,  with  one  already  disposed  of,  it  is  not  in  order;  and  the  Chair  recol- 
lects no  point  in  the  proposition  of  the  gentleman  from  Doniphan  which 
has  not  been  acted  on  by  the  Convention. 

30 — 778 


466  CoxvENTiON  Proceedings  and  Debates. 


ABSENCE. 


[*349]     On  motion  by  Mr.  Kingman,  Col.  Wright  of  *Nemaha,  obtained 
leave  of  absence  on  account  of  sickness. 

On  motion  by  Mr.  Slough — to  give  time  for  the  action  of  committees — 

The  Convention  took  a  recess  till  3  o'clock,  p.  m. 


AFTERNOON  SESSION. 
The  President  resumed  the  Chair  at  three  o'clock. 

EXECUTIVE, 

Mr.  Tnoalls.  from  the  committee  on  Phraseology  and  Arrangement, 
.submitted  the  following: 

"The  committee  on  Phraspo^osy  and  Arransrement  having  had  under 
consideration  the  Article  on  'Executive,'  respectfully  submit  the  following 

REPORT. 

In  Section  2,  line  seven,  for  'President  of  the  Senate'  read  'Secretary  of 
State.' 

For  Section  3,  read,  'The  supreme  Executive  power  of  the  State  shall  be 
ves+ed  in  the  Goverror,  who  shall  see  that  the  laws  are  faithfully  executed.' 

For  Spction  4.  'He  may  require  information  in  writing  from  the  officers 
in  the  Executive  department  upon  any  subject  relating  to  the  duties  of 
their  respective  offices.' 

Combine  Sections  5  and  6.  and  read  as  follows: 

'Section  5.  He  may,  on  extraordinary  occasions,  convene  the  Legisla- 
ture by  proclamation,  and  shall  at  the  commencement  of  every  sreneral  or 
special  session  communicate  in  writing  such  information  as  he  may  possess 
in  reference  to  the  condition  of  the  State,  and  recommend  such  measures 
as  be  may  deem  expedient.' 

Section  6,  for  'shall  have  power  to'  rpad  'may';  instead  of  'the  regular 
meptings  thereof  read  'the  reiiular  meeting.' 

Sect'on  7.    Strike  out  'such'  before  'regulations';  strike  out  'as  may  be.' 

Section  8.  Before  'shall'  in  third  line,  read  'which';  strike  out  'called' 
and  a^so  the  quotation  marks. 

Section  9.  Strike  out  'grants  and';  strike  out  'and  by  the  authority'; 
transpose  so  as  to  read  'signed  by  the  Governor,  countersigned  by  the 
Secretary  of  State,  and  sealed  with  the  Great  Seal.' 

Section  10.  After  'Congress'  read  'or  officer  of  the  State  or  of  the 
United  States  shall  hold  the  office  of  Governor  except  as  herein  provided.' 

Section  11.  Strike  out  the  clause  'or  until  he  shall  be  acquitted,'  and 
read  'until  the  disability  shall  be  removed.' 

Sect'on  12.  In  second  Une  change  'but'  to  'and';  in  line  four  after 
'divided'  read  as  follows:  'The  Senate  shall  choose  a  President  pro  tempore 
to  preside  in  cases  of  his  absence,  impeachment,  or  when  he  shall  hold 
the  office  of  Governor.' 

Section  13.    Line  two,  for  'executing'  read  'holding.' 

Sef^tion  14.  Transpose  and  change  to  read  as  follows:  'Should  either 
the  Secretary  of  State,  Auditor,  Treasurer,  Attorney-general  or  Superin- 
tendent of  Public  Instruction  become  incapable  of  performing  the  duties  of 
his  office  for  any  of  the  causes  specified  in  the  thirteenth  section  of  this 
Article,  the  Governor  shall  fill  the  vacancy  until  the  disability  is  removed 


Monday,  July  25,  1859.  467 

or  a  successor  is  elected  and   qualified.     Every  such   vacancy  shall  be 
filled,'  &c. 

Section  16.  For  'the'  before  'public'  in  line  two,  read  'all';  for  'five' 
read  'ten';  in  last  line  but  one  strike  out  the  words  'with  his  message.' 

Ingalls,  Chairman." 

And  the  several  recommendations  reported,  having  been  separately 
concurred  in  by  the  Convention,  the  Executive  Article  was  adopted,  as  a 
whole,  and  referred  again  to  the  committee  on  Phraseology  and  Arrange- 
ment for  arrangement  and  enrollment. 

SKULLDUGGERY. 

Mr.  Parks.  Mr.  President,  the  special  committee  on  the  alleged 
corruption  in  connection  with  the  temporary  location  of  the  seat  of  gov- 
[*350]  ernment,  have  instructed  me  to  report  the  ^following  testimony, 
without  recommendation  to  the  Convention.  I  will  read  it  myself,  with 
the  permission  of  the  Convention: 

(This  testimony  was  subsequently  ordered  to  be  placed  in  the  files 
of  the  Convention,  which  the  Secretary  construes  as  inhibiting  its  pub- 
lication.) 

Mr.  Hubbard.  Mr.  President,  I  rise  to  a  question  of  privilege.  I 
learn  from  the  report  just  read  from  the  committee  on  the  investigation 
of  frauds,  that  there  is  no  person  criminated,  nor  the  veracity  of  any 
called  in  question,  except  jMr.  Hutchinson  and  myself.  Since  that  com- 
mittee has  been  in  session,  I  have  been  requested  by  Mr.  Hutchinson,  to 
witlihold  saying  anything  to  the  Convention  till  the  committee  should 
report.  I  have  done  so.  And  then,  he  added,  he  would  give  me  satisfaction 
in  regard  to  the  whole  matter.  It  is  well  known  to  the  Convention  how 
we  stand  in  regard  to  this  matter.  He  has  testified  upon  oath,  that  he 
chd  not  offer  me  a  lot  in  the  town  of  Lawrence,  and  upon  my  oath,  I  have 
testified,  that  he  did.  Now,  the  question  with  me  is,  whether  the  gentle- 
man will  give  me  satisfaction  before  I  proceed? 

The  PREsmEXT.  The  Chair  is  not  quite  clear,  that  this  is  a  proper 
mode  of  proceeding.  The  gentleman  rose  to  a  personal  explanation.  But 
the  tendency  of  his  remarks  seems  to  be,  to  make  it  a  personal  matter 
between  two  members  of  the  Convention,  in  a  way  that  would  hardly  be 
compatible  with  the  rules  of  order.  It  seems  to  the  Chair,  that  the  gentle- 
man is  claiming  something  more  than  a  mere  statement  of  matter  of  ex- 
planation. It  is  contrary  to  the  precedents  for  a  gentleman  to  rise  and 
demand  satisfaction  in  connection  with  a  personal  explanation. 

Mr.  Slough.  I  think  the  Chair,  perhaps,  misunderstands  the  gentle- 
man. Mr.  Hutchinson  asked  him  to  withhold  sa\ang  anything  till  after 
the  report  was  made,  and  he  would  give  him,  Mr.  Hubbard,  satisfaction. 
I  gather  from  that,  that  he  might  withdraw,  or  make  explanatory  state- 
ments. It  seems  to  me  that  it  might  be  legitimate  and  proper  to  wait 
and  see. 

The  President.  The  Chair  does  not  understand  that  any  person  is 
upon  trial  before  the  Convention.  The  report  of  the  committee  has  been 
submitted  without  recomn  endation.  And  so  long  as  no  person  is  upon 
trial,  it  seems  to  him  out  of  order  for  this  thing  to  be  permitted  to  be  con- 
ducted in  this  way.  The  gentleman  from  Doniphan  (Mr.  Hubbard)  has 
made  his  explanation;  and  that  anything  further  than  a  simple  explana- 
tion was  to  be  made,  the  Chair  did  not  understand.  If  the  Convention 
were  proposing  to  impeach  a  member,  then  the  question  would  take  a 
different  shape. 


4:68  CoxvEXTiox  Proceedings  and  Debates. 

Mr.  Hubbard.  'Sir.  President,  as  the  gentleman  has  given  no  reply,  I 
would  like  to  call  upon  him  to  know  whether  he  still  makes  that  proposi- 
tion to  me? 

The  President.  The  Chair  does  not  understand  that  the  gentleman 
from  Doniphan  has  a  richt  to  call  upon  the  gentleman  from  Douslas,  as 
though  he  stood  before  the  Convention  on  his  trial.  The  gentleman  from 
Doniphan  should  confine  himself  to  his  matter  of  personal  explanation, 
and  make  his  address  and  statements  to  the  Chair.  Anything  more  now 
would  be  a  violation  of  the  rules  of  the  Convention. 

Mr.  HrBB.\RD.  'Sir.  President,  as  I  have  stated,  the  Convention  has 
heard  the  testimony  given  by  all  the  witnesses  in  regard  to  this  matter,  and 
it  comes  up  in  this  shape,  that  either  I  or  he  has  sworn  to  a  lie — such  a 
thing,  Mr.  President,  as  has  never  been  said  of  me  in  my  whole  history — 
and  I  am  satisfied  that  there  is  sufficient  corroborating  testimony  in  the 
House  to  satisfy  the  Convention  that  1  have  stated  just  the  truth  in  this 
case,  and  nothing  more.  I  also  think  the  Convention  will  bear  me  out 
in  the  statement  when  I  say  I  was  not  after  making  political  capital.  I 
have  been  one  of  the  silent  members  of  this  body.  I  have  listened  with 
[*351]  consideration  and  interest  to  the  speeches  of  others,  because  1  *am 
not  experienced  in  parhamentary  matters,  and  I  have  voted  upon  all  ques- 
tions as  my  judgment  has  directed  me.  It  would  certainly  have  been 
an  idea  very  foreign  to  me,  to  have  gone  round  unso.icited  to  the  other  side 
of  the  hall  and  taken  my  seat  by  the  side  of  the  gentleman  from  Douglas, 
to  hear  a  corrupt  proposition.  ^Nlr.  President,  it  was  the  first  time  a  bribe 
was  ever  offered  to  me,  and  I  hope  it  will  be  the  last.  He  offered  me  a 
good  lot  if  1  would  vote  for  Lawrence.  And  then  he  said  the  title  should 
be  good;  and  he  would  make  the  same  offer  to  any  other  Democratic 
member  of  the  Convention.    I  say,  sir,  he  has  sworn  to  a  lie 

The  President  (interposing  with  his  hammer).  The  gentleman  is  not 
in  order.    The  Chair  cannot  permit  this  course  of  personal  criminations. 

Mr.  Ingalls.  Mr.  President,  I  move  that  the  report  of  special  investi- 
gatmg  committee  be  placed  in  the  files  of  the  Convention. 

Mr.  Slough.  Mr.  President,  it  seems  to  me  that  something  more  ought 
to  be  done  than  the  mere  filing  of  this  report.    I'll  make  a  motion. 

The  President.  The  gentleman  will  reduce  his  motion  to  writing  and 
send  it  to  the  Secretary. 

A,r.  Stinson.  I  would  move  a  substitute  for  the  motion  just  offered, 
and  that  is — as  this  is  a  matter  of  grave  importance  to  the  two  gentlemen 
whose  character  is  involved,  1  move  that  they  both  be  brought  to  the  bar 
and  examined  before  the  Convention. 

The  President.    The  gentleman  will  reduce  his  motion  to  writing. 

Mr.  Ingalls.  Mr.  President,  I  insist  on  the  original  motion  being  put, 
and  I  wish  also  to  add,  that  the  committee  be  discharged. 

The  motion  was  agreed  to. 

Mr.  McDowell.  I  suppose,  Mr.  President,  it  will  not  be  out  of  order 
to  make  a  single  remark  upon  the  testimony  read  in  the  hearing  of  the  Con- 
vention by  the  chairman  of  the  committee? 

The  President.  There  is  no  motion;  but  the  two  gentlemen  from 
Leavenworth  are  preparing  matter  for  consideration.  The  gentleman  can- 
not proceed,  except  by  general  consent. 

Mr.  Stinson  submitted  the  following: 

"Ordered,  that  Wm.  B.  Hutchinson,  from  Douglas  county,  and  Win. 


Monday,  July  25,  1859.  469 

Hubbard,  from  Doniphau  county,  be  brought  to  the  bar  of  the  House,  and 
examined  relative  to  the  charge  made  by  said  Hubbard  against  said  Hutch- 
inson, of  an  offer  on  the  part  of  said  Hutchinson  to  bribe  said  Hubbard  to 
vote  for  Lawrence  as  the  temporary  capital  of  the  State  of  Kansas." 

Mr.  KiNGisi.^N.  Mr.  President,  I  do  not  know  that  I  ever  felt  more 
embarrassment  in  my  hfe  than  I  feel  at  the  present  moment.  Unlike  the 
case  of  many  whom  I  meet  here  as  delegate  meets  delegate,  my  acquaintance 
with  these  two  men  commenced  some  time  before  we  met  here.  I  have 
known  them  both  as  men  of  character  and  veracity.  And  it  is  now  clear  to 
my  mind  that  there  is  some  point  of  m'sunderstanding  between  them, 
which  no  explanation  of  theirs  can  relieve  here  at  this  time.  I  know  cer- 
tainly, that  no  recapitulation  of  the  testimony  can  change  my  opinion,  and 
.supposing  it  to  be  the  same  with  others,  I  think  we  cannot  get  rid  of  it 
better  than  by  lading  the  whole  matter  on  the  table,  and  letting  it  rest 
there.    There  is,  manifestly,  a  misunderstanding  somewhere. 

Mr.  Stinsox  demanded  the  yeas  and  nays  on  this  motion,  and  the  vote 
stood — yeas  24,  nays  19 — as  follows: 

Ye.\s— Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  B'ood, 
Crocker,  Button,  Hanway,  Houston,  Ingalls,  Kingman,  Lamb,  Middleton, 
A'cClelland.  McCuUough,  Preston,  Palmer,  Ross,  Signor,  Stokes,  Simpson. 
Townsend,  Wilhams — 24. 

N.\YS — ]\^essrs.  Barton,  Foster,  Graham,  Greer,  Hippie,  Hubbard, 
[*352]  Hutchinson,  Hoffman,  Li'He,  Moore,  McDowell,  McCune,  *Parks, 
Porter,  Ritchie,  Slough,  Stinson,  Stiarwalt,  Wrigley — 19. 

Mr.  Arthur,  when  his  name  was  called,  said  he  hardly  knew  enough 
of  the  case  to  authorize  a  vote,  but,  belie\'ing  this  disposition  of  the  case 
would  be  the  readiest  way  to  compromise  and  settle  it,  and  being  anxious 
to  get  rid  of  the  subject  and  complete  the  work  of  the  Convention,  he 
voted  aye. 

Mr.  Griffith  was  excused. 

So  the  whole  subject  was  laid  on  the  table. 

Mr.  Slough  submitted  the  following: 

Resolved,  That  William  Hutchinson,  a  member  of  this  Convention,  for 
an  attempt  to  bribe  a  fellow-member,  be  expelled  therefrom. 

The  President.  The  resolution  is  not  in  order^-this  whole  subject 
having  been  just  laid  on  the  table. 

Mr.  Slough.    I  appeal  from  that  decision. 

The  President.  The  question  is,  Shall  the  decision  of  the  Chair  stand 
as  the  judgment  of  the  House? 

Mr.  Slough.  The  Chair  is  right  in  deciding  that  all  matters  embodied 
ui  the  resolution  for  raising  the  committee  of  investigation  were  laid  on  the 
table.  The  whole  subject,  so  far  as  that  resolution  is  concerned,  has  been 
disposed  of.  But  I  hold  that  there  is  new  matter  in  the  resolution  I  have 
just  offered  and  I  therefore  appeal. 

The  President.  The  gentleman  from  Brown  distinctly  stated  the  reason 
for  laying  on  the  table — to  prevent  embarrassment  and  delay  in  the  time 
of  the  Convention. 

Mr.  Slough  demanded  the  yeas  and  nays  on  the  appeal,  and  they  were 
ordered  and  taken,  resulting — yeas    27,  nays  14 — as  follows: 

Yeas— Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Button.  Graham,  Griffith.  Hanwav,  Houston,  Ins:alls.  Kinzman. 


470  CoNVEXTiox  Proceedings  and  Debates. 

Lillie,  Lamb,  Middleton,  A'^cCulloush,  Preston,  Palmer,  Ritchie,  Ross,  Sig- 
nor.  Stokes,  Simpson,  Townsend,  Williams — 27. 

Nays — Messrs.  Barton,  Foster,  Greer,  Hippie,  Moore,  McDowell,  Mc- 
Cune,  >'cClelland,  Parks,  Porter,  Slough,  Stinson,  Stiarwalt,  Wrigley— 14. 

Mr.  Graham,  when  his  name  was  called,  said:  my  reason  for  not  vot- 
ing is,  that  I  do  not  see  the  point  clearly.  Tf  I  have  understood  the  ques- 
tion, the  resolution  of  the  gentleman  from  Leavenworth .  certainly  was  not 
embraced  in  the  motion  to  lay  on  the  table. 

The  President.  The  motion  was  to  lay  the  resolution  and  the  whole 
subject  on  the  table. 

Mr.  Graham.  I  have  a  doubt  on  the  subject.  If  the  motion  of  the 
gentleman  from  Brown  covered  the  whole,  I  sustain  the  Chair. 

Mr.  Kingman  (by  imanimous  consent).  I  should  not  be  able,  Mr. 
President,  to  recall  the  exact  phraseology,  nor  was  I  particular  about  that. 
The  object  was  to  get  clear  of  the  whole  matter.  The  motion  was  made 
for  that  object,  and  intended  to  cover  the  whole.    That  was  the  sole  object. 

Mr.  Graham.    I  vote  aye. 
So  the  decision  of  the  Chair  was  sustained. 

Mr.  McDow^ELL.  Mr.  President,  I  rise  to  a  question  of  privilege.  In 
the  testin  ony  reported  to  this  House  by  the  chairman  of  the  committee  of 
investigation,  there  was  included  testimony  delivered  by  the  President  of 
this  Convention.  That  testimony  was  to  the  effect  that  some  third  party 
had  told  the  President  of  this  Convention  that  if  he  would  vote  for  the 
acquisition  of  Southern  Nebraska,  he  could  get  a  section  of  land  of  such 
and  such  value,  and  some  other  considerations.  The  President  of  this 
Convention  stated  in  his  testimony  that  he  heard  this  from  one  Chestnut, 
and  that  Chestnut  cUd  not  state  exactly,  but  left  the  impression  that  this 
offer  proceeded  from  the  Democratic  delegation  in  this  Convention,  or 
from  some  Democrat  connected  with  the  Convention.  Now,  I  rise,  sir, 
to  declare,  as  one  of  the  Democratic  members  of  this  Convention,  that 
such  an  offer  never  came  from  me;  that  I  never  had  any  knowledge  of  it; 
that  I  do  not  believe  it  was  ever  made;  and  further,  that  I  do  believe 
the  allegation  was  false,  in  whole  and  in  part;  that  it  was  a  simple  re- 
[*353]  flection,  that  would  not  have  been  *received  in  a  court  of  justice, 
because  it  is  hearsay  testimony — 

The  President  (interrupting).  The  Chair  is  under  the  necessity  of 
saying  that  the  remarks  of  the  gentleman  do  not  properly  come  within  the 
scope  of  a  question  of  prixilege.  No  allegation  against  the  character  of  the 
gentleman  alluded  to  in  the  premises,  and  no  such  statement  is  needed. 

Mr.  Stinson.  Mr.  President,  I  rise  to  a  question  of  privilege — some- 
thing different  from  that  of  my  colleague. 

The  President.  Unless  the  gentleman  rises  to  a  question  affecting  him- 
self, he  cannot  be  in  order. 

Mr.  Stinson.  I  do.  I  rise  to  explain  a  charge — or  what  perhaps  may 
be  considered  as  a  charge  against  me.  In  the  testimony  reported  this  after- 
noon, it  is  stated  that  I  have  acknowledged  that  I  offered  certain  induce- 
ments to  gentlemen  to  vote  for  a  favorite  measure  of  mine  and  of  the 
Democratic  party  here.  I  now  rise  to  say  that  I  have  not  denied  it,  and 
I  do  not  deny  it,  and  also,  to  say  that  any  man  who  says  or  insinuates 
that  my  object  in  that  offer  was  corrupt  and  unworthy  of  a  member  of 
this  body,  says  that  which  is  false. 


Tuesday,  July  26,  1859.  471 

The  Prksidext  (interrupting).  Nobody  has  charged  anything  against 
the  gentleman  from  Leavenworth. 

Mr.  Stinsox.  It  was  said  that  political  considerations  were  as  much 
a  bribe  as  "corner  lots."    I  move  a  recess  for  an  hour. 

Mr.  Parks.    I  move  that  the  Convention  adjourn. 

Mr.  Ross.    There  will  be  other  reports  in,  in  a  very  short  time. 

On  a  division  the  vote  stood — affirmative,  22 ;  negative,  14. 

So  the  Convention  adjourned  till  to-morrow  morning,  8  o'clock. 


Tut;sd.\y,  July  26,  1859. 

The  Convention  met  at  8  o'clock,  p.m. 

Prayer  by  the  Chaplain. 

The  absentees  on  the  roll-call  were  Messrs.  Blunt,  Brown,  Burris,  For- 
man,  Griffith,  Hippie,  Hutchinson,  Hoffman,  Houston,  Lamb,  May,  Mc- 
Dowell, Perry,  Parks,  Porter,  Slough,  Stinson,  Simpson,  Thacher,  J.  Wright, 
Wrigley,  and  T.  S.  Wright. 

The  journal  of  yesterday  was  read  and  authenticated. 

FINANCE   AND   TAXATION. 

Mr.  Ingalls,  from  the  Committee  on  Phraseology  and  Arrangement, 
.■submitted  the  following  report : 

The  Committee  on  Phraseology  and  Arrangement  having  had  under  con- 
sideration the  article  entitled  Finance  and  Taxation,  respectfully  submit 
the  following  report: 

Section  1,  Hne  2,  strike  out  "by  law,"  and  strike  out  all  after  "taxation'' 
to  the  semicolon.  Strike  out  "appropriate"  and  insert  "at  least"  before 
"two  hundred."    Strike  out  "head  of  a"  before  "family." 

Section  2,  strike  out  "by  law." 

Section  3,  transfer  "each  year,"  and  insert  "provide"  in  the  first  line. 

Amend  section  4,  and  read:  "No  tax  shall  be  levied  except  in  pursu- 
ance of  a  law,  which  shall  distinctly  state  the  object,"  &c. 

Section  5,  line  15,  after  "pajTnent"  transpose  and  read:  "Pa>Tnent  of 
the  principle  thereof  when  it  shall  become  due." 

Section  6,  line  2,  strike  out  "elsewhere."  Line  4,  strike  out  "this"  be- 
fore "State,"  and  insert  "the."  Before  the  words  "proposed  law"  in  hues 
6  and  10,  change  "said"  to  "such."  Ingalls,  Chairman. 

On  motion  by  Mr.  Button,  this  report  was  taken  up  and  considered 
by  sections. 

The  several  amendments  and  modifications  reported  were  concurred 
in,  and  so  the  article,  as  a  whole  was  adopted  without  further  amendment, 
and  referred  again  to  the  same  committee  for  arrangement  and  endorse- 
ment [enrollment]. 

[*354]     *Mr.  TowNSEND  moved  a  recess  of  one  hour,  to  aw^ait  further 
reports  from  the  Committee  on  Phraseology  and  Arrangement. 

And  accordingly  the  Convention  took  a  recess. 

The  President  resumed  the  chair  at  the  close  of  the  term  of  this  recess. 

LEGISLATIVE   DEPARTMENT. 

Mr.  Ingalls.  Mr.  President,  in  behalf  of  the  Conmiittee  on  Phraseology 
and  Arrangement,  who  have  had  under  consideration  the  article  on  the 
Legislative  Department,  I  submit  the  following  report: 


472  Convention  Proceedings  and  Debates. 

Section  1.    Read  "the  State"  for  "this  State." 

Section  2.  Change  numerals  "75"  to  words.  In  the  4th  and  6th  lines, 
strike  out  "under  this  Constitution."  In  line  1,  after  "House,"  insert 
"of  Representatives." 

Section  3,  in  13th  and  15th  lines,  strike  out  "us  per  diem  allowance." 
Section  4.    Read  "No  person  shaU  be  a  member  of  the  Legislature  who 
is  not,"  &c. 

Section  5.  Read  "No  member  of  Congress  or  officer  of  the  United 
States  shall  be,"  &c.  In  hne  4,  read  "If  any  person  after  his  election  to  the 
Legislature  shall  be,"  &c. 

Section  6.  Strike  out  "hereafter,"  in  the  first  line.  Read  "an"  instead 
of  "on." 

Section  7,  line  1,  read  "All  State  officers."  In  line  2,  strike  out  "the 
duties  of."  In  3d  line,  strike  out  "offices,"  and  insert  "duties."  Insert 
"and"  before  "the  Constitution"  in  line  5.  In  last  line  but  one  strike  out 
all  after  "offices." 

Sec.  8.  In  hne  2,  strike  out  "so  do  business."  Read,  "Each  House  shall 
establish  its  own  rules  and  shall  be  the  judge,"  &c.  Strike  out  all  after 
■'members." 

Sec.  9.  For  "which  may  occur"  read  "occurring."  Strike  out  all  aft^r 
"election." 

Sec.  10.  Strike  out  all  after  the  word  "resolution"  in  the  5th  hne  to  the 
period. 

Sec.  11,  hne  3,  strike  out  the  word  "thereof"  after  "resolution." 
Sec.  12.    For  "to"  read  "by." 

Sec.  13.  Strike  out  all  after  the  word  "resolution"  in  line  4. 
Sec.  14.  Read,  "Every  bill  and  joint  resolution  passed  by  the  House  of 
Representatives  and  Senate,  shall,  within  two  days  thereafter,  be  signed  by 
the  presiding  officers  and  presented  to  the  Governor;  if  he  approve,  he 
shall  sign  it;  but  if  not,  he  shall,"  &c.  In  the  7th  hne,  change  "who"  to 
"which."  In  the  9th  line,  for  "bill"  read  "snme."  For  "but  in  ah  cases" 
read  "but  in  all  such  cases."  Enclose  "Sundays  excepted"  in  parentheses. 
Strike  out  "the  same"  after  "Governor,"  and  read  "it."  Read  "become  a 
law,"  for  "be  a  law,"  in  the  last  line,  and  last  line  but  four  from  close  to 
section.    In  11th  line  insert  "or  resolution,"  after  "bill." 

Sec.  IS.  The  committee  recommended  the  reference  of  this  section  to 
the  Committee  on  Miscellaneous  and  on  Corporations  and  Banks  and 
Currency — to  strike  out  entire,  and  read: 

"Sec.  18.  All  power  to  grant  divorces  is  vested  in  the  District  Courts, 
.subject  to  regulations  by  law." 

Sec.  19.    For  "enforced"  in  two  places,  read  "in  force." 
Sec.  22.    Insert  dashes  after  "arrest"  and  "  peace." 
Sec.  25.    Strike  out  "ISth,"  and  insert  "record." 

Sec.  28.    Strike  out  "or"  before  "honor."    Strike  out  "and,"  and  insert 
"''"t."  Ingalls,  Chairman. 

On  motion  it  was  ordered  that  this  report  be  now  considered  by  sections. 

The  amendments  and  modifications  reported  were  severally  agreed  to, 
and  the  question  being  on  the  adoption  of  the  article  as  a  whole — 

Mr.  Hutchinson.  Mr.  President,  I  know  that  these  are  merely  verbal 
amendments,  but  in  the  13th  section  the  last  half  is  stricken  out.  1  suppose 
This  is  provided  for  somewhere  else. 

The  President.    It  is  provided  for  in  the  14th  section. 

Mr.  Greer.    Mr.  President,  I  move  a  reconsideration  of  the  3d  section 


Tuesday,  July  26,  1859.  473 

[*3.55]  of  the  article,  for  the  *purpose  of  making  a  reduction  in  the  num- 
ber of  the  Representatives  and  Senators;  and  1  call  for  the  yeas  and  nays 
on  the  question. 

The  motion  was  rejected — affirmative  15,  negative  15. 

A  voice.    The  yeas  and  nays  were  demanded. 

The  President.  The  yeas  and  nays  were  not  demanded  in  the  hearing 
of  the  Chair. 

The  article  was  then  adopted  and  passed  as  a  whole,  and  under  the 
rule,  it  was  ordered  to  be  referred  aeain  to  the  Committee  on  Phraseology 
and  Arrangement,  for  arrangement  and  enrollment. 

PRIVILEGE. 

Mr.  Barton  submitted  the  following: 

"Resolved,  That  the  courtes'es  of  the  Convention  be  extended  to  thr; 
Honorab'e  E.  S.  Townsend  and  Judge  Means,  and  that  they  be  invited  to 
seats  within  the  bar." 

Mr.  Greer  proposed  to  insert  the  name  of  Gen.  Strickler. 

Which  was  agreed  to,  and  so  the  resolution  was  adopted. 

THE   JUDICIARY. 

Mr.  Kingman.  Mr.  President,  it  seems  to  me  that  some  time  last 
week  the  Committee  on  Phraseology'  and  Arrangement  passed  upon  the 
Judiciary  report.    I  would  like  to  know  its  condition? 

Mr.  Ingalls.  That  report  is  still  in  the  hands  of  the  Chairman.  It 
will  be  ready  for  submission  to  the  Convention  in  the  course  of  the  fore- 
noon. 

The  President.    What  is  the  further  pleasure  of  the  Convention? 
Mr.  Hutchinson.    Mr.  President,  as  the  Committee  of  Ordinance  have 
business  before  them,  I  move  an  adjournment  till  11  o'clock. 
The  motion  was  rejected. 
The  Convention  then  took  a  recess  till  11  o'clock,  a.  m. 


the  judiciary. 

The  President  resumed  the  Chair  at  11  o'clock. 

'^"r.  Ingalls.  Mr.  Pres-dent,  in  behalf  of  the  Committee  on  Phraseoiosy 
.and  Arrangement,  which  had  the  article  on  the  Judiciary  under  considera- 
tion, I  submit  the  following  report: 

"Section  1.  After  'District  Courts'  read  'Probate  Courts.'  After  'in- 
ferior,' for  'of  read  'to.' 

Sec.  2.  Transpose  and  read:  "The  Supreme  Court  shall  consist  of  one 
chief  justice,  and  two  associate  justices,  who  shall  be  elected  by  the  elec- 
tors of  the  State  at  large,  and  a  majority  of  whom  shall  constitute  a 
quorum.  And  at  the  first  election  imder  this  Constitution,'  &c.  After 
'two  years'  put  a  semicolon. 

Sec.  3.  Before  'habeas  corpus'  read  'and.'  In  the  5th  line  strike  out 
"in'  after  'term.' 

Condense  sections  4  and  5  to  read  as  follows: 

'Sec.  4.  There  shall  be  appointed  by  the  justices  of  the  Supreme  Court 
a,  reporter  and  clerk  of  said  Court,  who  shall  hold  their  offices  two  years, 
and  whose  duties  shall  be  prescribed  by  law.' 


474  CoxvEXTiON  Proceedings  and  Debates. 

Sec.  6.  After  the  words  'four  years,'  read:  'District  Courts  shall  be 
held  at  such  times  and  places  as  may  be  prescribed  by  law.' 

Sec.  8.  For  'one  clerk,'  read  'a  clerk.'  Strike  out  'for'  before  'two.' 
Strike  out  'such  as,'  in  the  last  line  but  one. 

Sec.  9.  Strike  out  'for'  before  two  years.  For  last  clause  read:  'He 
shall  be  his  own  clerk,  shall  hold  Courts  at  such  times,  and  receive  for 
compensation  such  fees  as  may  be  prescribed  by  law.' 

Sec.  10.    Strike  out  'as  may  be  presented.' 

Sec.  13.    Strike  out  'according  to  law.' 

Sec.  14,  line  9.  Strike  out  'hereof,'  after  'pledge,'  and  before  'Judges/  in 
same  line  read  'Justices  or.' 

Sec.  15,  line  4.    Strike  out  'therein.' 

Sec.  16.  Strike  out  'concurrent,'  before  'resolution.'  Strike  out  'therein' 
after  'concur.'    Strike  out  'thereof,'  in  the  last  hne. 

Sec.  IS.  Strike  out  'by  authority,'  and  strike  out  in  the  last  line  the 
words,  'of  Kansas.' 

Sec.  21.    Strike  out  'thereof  in  the  last  line  but  one,  after  'Judge.' 

Ingalls,  Chairman." 
[*356]     *The  report  lies  on  the  table. 

PERSONAL   explanation. 

Mr.  McDowell.  Mr.  President,  I  rise  to  make  a  strictly  personal 
explanation.  On  yesterday  I  rose  to  a  question  of  privilege,  and  in  re- 
ferring to  certain  testimony  by  the  President  of  this  Convention,  I  am 
understood  by  my  colleague  who  sits  beside  me  (Mr.  Parks)  as  having 
expressed  myself  in  such  a  way  as  to  reflect  invidiously  upon  the  state- 
ments of  the  President.  Now  I  wish  to  say  that  1  intended  no  such  thing. 
I  think,  in  justice  both  to  the  Chair  and  myself,  perhaps,  I  should  make 
this  statement.  I  simply  referred  to  a  rumor  that  the  President  swore 
came  through  a  third  person  to  him — that  that  rumor  was  untrue.  I  cer- 
tainly did  not  intend  to  impeach  the  testimony  of  the  President  of  this 
Convention. 

The  President.  The  language  of  the  gentleman  might  have  been  pos- 
sibly understood  as  somewhat  reflecting  upon  my  statements;  but  they 
were  not  so  understood  by  me. 

ACCOUNT   OF    STATIONERY,    «feC. 

Mr.  N.  C.  Blood,  from  the  Committee  on  Accounts,  submitted  a  report 
on  the  bill  of  the  Sergeant-at-Arms,  which  lies  on  the  table. 
(It  is  a  bill  of  items — stationery,  &c.,  for  the  Convention.) 

MR.    HUBB.\Rd's   protest. 

Mr.  Hubbard.  Mr.  President,  I  submit  the  following,  and  ask  that  it  be 
spread  upon  the  journal: 

(This  protest  has  not  been  received  by  the  printer.) 

The  President.  Under  the  rules  of  the  Convention,  the  protest  lies 
on  the  table  till  to-morrow. 

THE    JUDICIARY. 

On  motion  by  Mr.  Kingman,  the  Convention  proceeded  to  the  con- 
sideration of  the  Phraseology  Committee's  report  on  the  Judiciary  article. 
(It  is  printed  in  the  proceedings  of  this  morning.)     . 

The  several  modifications  having  been  concurred  in — 
Mr.  Stinson.    Mr.  President,  in  the  4th  line  from  the  bottom  of  sec- 
tion 2,  the  word  'six'  should  be  stricken  out,  and  the  word  'two'  inserted. 


Tuesday,  July  26,  1859.  475 

Mr.  Kingman.  That  section  is  not  right  yet.  It  does  not  provide  for 
the  ejection  of  a  chief  justice  after  the  first  term.  I  move  that  the  section 
be  referred  back  to  the  committee. 

Mr.  McDowell.  I  think  the  9th  section  should  provide  a  seal  for  the 
probate  judge.    I  move  the  recommitment  of  that  section  also. 

The  2d  and  9th  sections  are  as  follows: 

"Section  2.  The  supreme  court  shall  consist  of  one  chief  justice,  and 
two  associate  justices,  the  majority  of  whom  shall  constitute  a  quorum, 
who  shall  be  elected  by  the  electors  of  the  State  at  large,  and  at  the  first 
election  under  this  Constitution,  there  shall  be  chosen  a  chief  justice  for 
the  term  of  six  years,  one  associate  justice  for  the  term  of  four  years,  and 
one  for  the  term  of  two  years,  and  every  six  years  thereafter,  except  when 
a  chief  justice  is  to  be  elected,  an  associate  justice  shall  be  elected  for 
six  years. 

Section  9.  There  shall  be  a  probate  court  in  each  county,  which  shall 
be  a  court  of  record,  and  have  such  probate  jurisdiction  and  care  of  es- 
tates of  deceased  persons,  minors,  and  persons  of  unsound  minds,  as  may 
be  prescribed  by  law;  and  shall  have  jurisdiction  over  cases  of  habeas 
corpus.  This  court  shall  consist  of  one  judge,  who  shall  be  elected  by 
qualified  voters  of  the  county  and  hold  his  office  for  two  years.  He  shall 
be  his  own  clerk,  and  shall  hold  courts  as  often  as  may  be  prescribed  by 
law.  The  compensation  of  such  judge  shall  be  such  fees  as  may  be  pre- 
scribed by  law." 

The  amendment  was  asreed  to,  and  then  the  motion  prevailed,  and  the 
sections  were  accordingly  recommitted. 

The  remainder  of  the  article  was  laid  on  the  table. 

[*357]  *APP0RTI0NMENT. 

Mr.  Preston,  for  the  Committee  on  Apportionment,  submitted  the  fol- 
lo\>ing  report: 

"Section  1.  In  the  permanent  apportionment  of  the  State,  each  or- 
ganized county  shall  have  at  least  one  Representative;  and  each  county 
shall  be  divided  into  as  many  Districts  as  it  has  Representatives. 

Sec.  2.  It  shall  be  the  duty  of  the  first  Legislature  to  make  a  per- 
manent apportionment,  based  upon  the  census  ordered  by  the  last  Legis- 
lative Assembly  of  the  Territory;  and  a  new  Apportionment  shall  be  made 
in  the  year  1S66,  and  every  five  years  thereafter,  based  upon  the  census 
of  the  preceding  year. 

Sec.  3.  Until  there  shall  be  a  new  apportionment,  the  State  shall  be 
divided  into  Senatorial  and  Representative  districts  and  the  members 
thereof  shall  be  apportioned  among  the  several  districts  as  follows,  viz: 

Kep.  Sen. 

1st  Dist.  Doniphan    4  2 

2d  "  Atchison  and  Brown fi  2 

3d  "  Nemaha,  Marshall  and  Washington.  .  .  2  1 

4th  "  Clay,  Riley  and  Pottowatomie 4  1 

5th  "  Dickinson,  Davis  and  Waubonsee 3  1 

6th  "  Shawnee,  Jackson  and  Jefferson 8  2 

7th  "  Leavenworth    9  3 

8th  "  Douglas,  Johnson  and  Wyandot 13  4 

9th  "  Lykins,  Linn  and  Bourbon 9  3 

10th  "  Allen,  Anderson,  and  Franklin 6  2 

nth  "  Woodson  and  Madison 2  1 


476 


Convention  Proceedings  and  Debates. 


Rep. 


Sen. 

2 


12th    Dist.  Coffey,  Osage  and  Breckenridge 6 

13th     "      Morris,  Chase  and  Butler 2 

14th     "      Arapahoe,  Godfrey,  Greenwood, 

Hunter,  Wilson,  Dorn  and  McGee. .  1 

Mr.  McDowell.  I  ask  leave  to  submit  a  minority  report  from  the 
same  committee,  which  by  the  indulgence  of  the  Convention,  I  will  read: 

"We  whose  names  are  hereto  attached  being  a  minority  of  the  Committee 
on  Apportionment  and  unable  to  agree  to  the  majority  report,  because  we 
regard  it  as  both  partisan  and  unjust,  beg  leave  to  present  the  following 
report : 

First;  we  regard  population  as  the  only  correct  basis  of  an  apportion- 
ment, and  therefore,  without  having;  before  us  an  estimate  or  census  of  the 
population  we  cannot  agree  with  the  majority  of  the  committee  in  mak- 
ing acres  and  square  miles  a  basis.  That  report  nominally  gives  to  each 
county  a  representative,  and  yet  by  attaching  Democratic  counties  with 
some  overwhelming  Republican  county  they  give,  as  in  the  case  of  Doug- 
las, Wyandotte  and  Johnson  an  aggregate  representation,  that  enables  the 
Republican  county  to  select  and  elect  all  the  representatives,  thus  prao- 
tically  ignoring  the  rules  adopted  of  giving  each  organized  county  a 
representative. 

Second;  the  census  not  being  before  us  the  committee  determined  that 
the  present  voting  population  of  each  county,  as  given  in  by  the  represent- 
atives of  the  respective  counties  and  districts,  should  be  the  basis,  thus 
giving  the  power  to  enlarged  consciences  [constituencies]  to  secure  a  repre- 
sentation that  might  come  up  to  the  standard  of  political  necessities. 

Third;  still  insisting  upon  population  as  the  true  basis  of  representa- 
tion; and  still  satisfied  that  square  miles  should  not  be  the  basis  of  an 
apportionment,  we  yet  submit  upon  the  basis  adopted  by  the  Convention, 
giving  to  each  organized  county  a  representative,  the  following  apportion- 
ment as  much  more  just  and  fair  than  the  one  presented  by  a  majority  of 
The  committee: 

Rep. 

FrankHn  I 

Lykins    3 

Linn    3 

Anderson   1 

Madison 1 

Coffey    3 

Bourbon  3 

Allen   2 

Woodson    1 

Greenwooil,  Dorn,  Wilson,  God- 
frey, and  McGee 1 


Rep. 


Doniphan    6 

.....................  1 

&  Washington 1 

1 

1 

1 


Brown 
Nemaha 
Marshall 
Riley  &  Clay 
Pottawatomie 
Jackson    .... 

Jefferson  3 

Atchison    5 

Leavenworth  11 

Wyandotte 2 

[*358]     ^Johnson  3 

Douglas    7 

Shawnee   4 

Waubonsa    1 

Davis    1 


Dickinson   &   Arapahoe 1 

Morris    1 

Case,  Butler  and  Hunter 1 

Breckenridge   2 

Osage    1 


tV:   Brown 

Washington,   Riley   & 


Doniphan 
Doniphan 
Marshall, 

Clay    ., 
Jackson,  NemaJia  &  Pottawat 

omie 

Jefferson 

Atchison   


Sen. 
.       1 


1 
1 
1 


Tuesday,  July  26,  1859.  "  477 

Sen.  Sev. 

Leavenworth 3      Lykins    1 


Wyandotte    1 

Johnson   1 

Douglas    2 

Shawnee  and  Waubonsa 1 

Dickinson  and  Arapahoe 1 

Breckenridge  and  Osage 1 

Frankhn  and  Anderson 1 


Linn 

Madison,  Hunter,  Godfrey  & 

Greenwood 1 

Coffey  1 

BourlDon  &  McGee 1 

Allen,  Woodson,  Wilson  &  Dorn,  1 


Respectfully  submitted, 


W.  C.  McDowell, 

Eph.  Moore, 

J.  M.  Stl^rwalt." 


These  reports  lie  on  the  table. 

Mr.  Slough  submitted  the  following: 

"W^HEREAS,  William  Hutchinson,  a  member  of  this  Convention,  is  charged 
by  another  member  with  perjury,  in  falsely  swearing  before  a  committee 
raised  to  investigate  charges  of  bribery,  therefore, 

Resolved,  That  a  committee  of  five  be  appointed  for  the  purpose  [of] 
investigating  such  charge,  with  power  to  send  for  persons  and  papers, 
and  with  instructions  to  make  their  [report]  this  afternoon." 

Mr.  Slough  demanded  the  yeas  and  nays  on  the  adoption  of  this  reso- 
lution, and  the  House  sustaining  the  call,  the  vote  was  taken  resulting — 
yeas  23,  nays  14,  as  follows: 

Yeas — Messrs.  Barton,  Burris,  Crocker,  Dutton,  Foster,  Graham,  Greer. 
Griffith,  Hanway,  Hoffman,  Lillie,  Moore,  McDowell,  McCune,  McClelland, 
Palmer,  Parks,  Ritchie,  Slough,  Stinson,  Stiarwalt,  Simpson,  Williams — 23. 

Nays — Messrs.  Arthur,  Burnett,  Blunt,  J.  Blood,  N.  C.  Blood,  Houston. 
Ingalls,  Middleton,  McCullough,  Preston,  Ross,  Signor,  Stokes,  Townsend 
—14. 

So  the  resolution  was  adopted,  and  thereupon  the  President  announced 
the  following  committee: 

Messrs.  Slough,  Graham,  Jas.  Blood,  Lillie  and  McCune. 

apportionment  of  represent.ation. 

On  motion  by  Mr.  McDowell,  the  Convention  took  up  the  considera- 
tion of  the  report  of  the  Committee  on  Apportionment. 
Mr.  Grahaj,!.    Mr.  President,  I  move  its  adoption. 

Mr.  McDowell.  1  desire  to  make  a  motion  to  go  into  the  Committee 
of  Whole  on  the  majority  report. 

The  latter  was  rejected — affirmative  13,  negative  18 — and  the  ques- 
tion recurred. 

Mr.  McDowell.  I  hope,  sir,  that  the  Convention  will  not  adopt  the 
majority  report.  In  the  first  place,  the  Convention  instructed  this  com- 
mittee to  adopt  as  a  basis  for  an  apportionment  the  rule  that  each  or- 
ganized county  in  the  State  should  have  a  representative.  The  Committee 
on  Apportionment  was  instructed  to  act  by  that  rule.  In  the  report  they 
have  submitted,  I  claim,  in  the  first  place,  that  they  have  not  confined 
themselves  to  the  instructions  of  the  Convention — they  have  not  given  to 
each  organized  county  in  the  Territory  one  representative.  Seemingly 
they  have  done  so — but  in  fact,  they  have  not.  I  see,  for  instance,  that 
to  Atchison  and  Brown  counties  are  given  six  representatives.     It  is  well 


478  CoN\TNTiON  Proceedings  and  Debates. 

known,  that  the  population  of  Atchison  is  much  more  numerous  than  the 
population  of  Brown,  and  the  consequence  will  be,  that  the  people  in 
Atchison  will  be  able,  in  all  their  Conventions,  to  select  all  their  six  candi- 
dates for  representatives,  and  elect  them.  But  there  is  yet  a  more  strik- 
ing instance  of  their  disregard  of  the  instructions  of  the  Convention  than 
this.  By  this  majority  report  the  counties  of  Douglas,  Johnson  and  Wyan- 
dotte are  to  have  thirteen  representatives.  Now,  it  is  well  known  that  the 
political  complexion  of  Wyandotte  county  is  Democratic.  It  is  believed 
[*359]  that  the  political  complexion  of  John-son  county  is  Democratic. 
But  the  political  complexion  of  Douglas  county  is  overwhelmingly  Repub- 
Hcan.  Thus  this  entire  representation  is  practically  given  to  Douglas 
county.  Douglas  county  may  nominate  and  elect  the  whole  thirteen,  in 
spite  of  Wyandotte  and  Johnson.  Then,  if  the  Convention  means  to  be 
true  to  itself,  it  cannot  adopt  the  majority  report.  The  orisinal  report  of 
this  committee  gave  to  Douglas  county  seven,  to  Wyandotte  two,  and 
Johnson  three — making  twelve.  Douglas  county,  in  that  report,  had  some- 
thing like  a  fair  representation  of  her  present  votmg  population.  But  this 
report  practically  increases  the  number  of  representatives  for  Douglas  from 
seven  to  thirteen,  and  practically  disfranchises  the  two  smaller  counties  of 
Johnson  and  Wyandotte.  And  so  it  is  throughout  the  whole  scheme.  I 
undertake  to  say  that  this  report  is  a  scheme  gotten  up  for  political  pur- 
poses, to  prevent  the  Democratic  party  from  having  the  control,  by  any 
possibility,  in  the  Legislature.  In  the  first  place,  this  report  selects  not 
the  population  of  the  Territory  [as]  a  basis;  but  starts  out  with  the  rule 
that  would  give  to  each  county  one  representative,  and  then  they  seem  to 
have  acted  upon  the  rule  to  so  gerr^^nander  as  to  disfranchise  all  the 
Democratic  counties  except  two — Doniphan  and  Leavenworth,  in  order  to 
secure  an  overwhelming  Republican  majority  in  the  Legislature.  I  hope 
this  will  not  be  adopted,  because  it  is  unjust  and  unfair — because  the  com- 
mittee have  not  proceeded  upon  any  just  basis.  I  think  the  Convention 
ought  to  act  fairly  by  the  minority.  I  undertake  to  say  that  Democratic 
voters  and  Democratic  counties  ought  to  be  respected  in  this  matter;  and 
I  for  one  shall  enter  my  hearty  protest  against  their  disfranchisement.  I 
know  there  has  been  no  census  reported  here.  I  am  willing  to  admit  that 
difficulty  at  the  threshold.  I  know  that  we  can  only  approximate  to  fair- 
ness and  justice  by  taking  the  statements  of  gentlemen  here  as  to  the  vot- 
ing population.  The  only  just  basis  is  population.  The  only  just  way  of 
proceeding  is  [to]  ascertam  the  population;  determine  that  such  a  ratio 
shall  be  entitled  to  a  representative,  and  then  [it]  is  nothing  but  a  mere 
matter  of  arithmetic.  I  know  that  we  cannot  get  at  the  truth  exactly, 
but  we  can  get  an  estimate  of  population  as  exact — perhaps  more  exact 
than  the  vote.  But  in  the  absence  of  anything  better,  why  not  take  the 
proclamation  of  the  Governor,  containing  the  list  of  all  the  votes  cast  for 
members  of  this  Constitutional  Convention.  Take  that  and  adopt  any 
rule  of  distinction  except  that  adopted  by  this  committee,  and  some  sort  of 
justice  will  be  done  to  the  Democratic  portion  of  the  people. 

Mr.  Graham.  This  question,  sir,  has  to  my  mind  taken  a  very  strange 
position.  Look  at  the  history  of  the  matter  in  this  body.  My  recol'ection 
of  the  proceedings  is  this:  this  body,  upon  a  resolution  offered  by  myself, 
instructed  the  committee  on  apportionment  to  apportion  the  Territory  for 
members  of  the  Legislature — the  House  and  Senate — so  as  to  give  at  least 
one  member  of  the  House  to  each  organized  county  in  the  State  upon  com- 
ing into  the  Union.    Carrying  out  that  instruction  of  this  House,  the  com- 


Tuesday,  July  26,  1859.  479 

mittee  went  on  in  good  faith  to  apportion  the  Territory  for  Representa- 
tives and  Senators — gi\'ing  to  each  organized  county  at  least  one  member. 
And,  sir,  when  the  report  was  introduced  here,  what  was  the  result?  We 
were  met  here  by  the  assertion  of  the  gentleman  from  Leavenworth  (Col. 
Slough)  that  our  report  was  unfair  and  unjust.  And  that  gentleman 
moved  a  resolution  with  an  order  to  refer  the  report  back  again,  with  in- 
structions that  the  committee  should  make  an  apportionment  u]  on  popu- 
lation, and  not  upon  counties.  That  is  the  history  of  the  proceedings  thus 
far.  Well,  the  committee  met  again,  and  I  there  proposed  that  this  body 
should  elect  a  board  of  commissioners,  who  should  go  on  and  make  the 
[*360]  apportionment  for  members  of  the  Legis^lature,  and  the  gentle- 
man from  Leavenworth  who  has  just  taken  his  seat  opposed  it,  tooth  and 
toe-nail.  Kow,  sir,  what  were  we  to  do?  We  have,  in  accordance  with  in- 
structions, gone  on  and  made  an  apportionment  upon  the  basis  of  popula- 
tion. What  are  the  facts?  The  counties  of  Atchison  and  Brown  were 
attached  together  for  what  purpose?  For  an  honest  purpose — that  large 
fractions  of  the  ratio  of  voters  might  not  be  disfranchised  on  the  floor  of 
the  Legislature  under  this  Constitution.  We  found,  when  we  came  to 
make  the  calculations  for  apportionment,  that  Brown  county  had  six  hun- 
dred voters — not  enough  to  entitle  her  to  two  members,  but  a  large  frac- 
tion over  one — nearly  entitling  her  to  two.  And  she  had  not  population 
enough  for  one  Senator.  Atchison  had  a  population  entitling  her  to  five 
representatives,  and  Brown  was  entitled  to  one  and  over.  Atchison  was 
entitled  to  one  Senator,  but  had  not  population  enough  for  two;  but,  at- 
taching Brown,  there  was  made  a  just  and  honest  apportionment  of  six 
representati\'^s  and  two  senators.  So  that,  by  attaching  these  two  coun- 
ties, we  have  carried  out  in  good  faith  the  instructions  for  a  representation 
upon  population.  Then  for  gentlemen  to  come  in  here  and  brand  that 
as  a  fraud  which  we  have  done  under  express  instructions  of  the  body,  I 
say  it  is  inconsistent  and  uncalled  for,  and  done  for  buncombe.  We  have 
left  them  alone  in  all  their  dory  in  Leavenworth  and  Doniphan.  (Laughter.) 
I  hope  the  Convention  will  come  up  to  the  work  and  adopt  this  report. 
for  it  is  a  just  and  fair  report — it  presents  the  only  basis  upon  which  there 
can  be  any  tolerable  approach  to  a  fair  representation  in  the  first  Legis- 
lature. 

Mr.  Stinson.  Mr.  President,  I  think  this  committee  on  apportionment 
has  made  the  most  unfair  report  that  has  ever  been  submitted  with  refer- 
ence to  the  interests  of  the  people  of  Kansas.  Under  ordinar\^  circum- 
stances I  would  not  think  of  accusing  my  friend  from  Atchison  with  the 
perpetration  of  a  jest ;  but  it  does  seem  to  me  here  that  they  attempted  a 
good  thing  for  a  laugh.  They  made  one  report  before  this,  and  some 
laughed  at  it  and  others  were  offended,  and  it  was  kicked  out.  Now  they 
have  made  another,  which  is  still  a  better  joke.  In  the  same  vein  of  humor 
in  whi"h  this  report  seems  to  have  been  gotten  up,  I  shall  propose  some- 
thing like  the  following  amendment,  by  way  of  substitute: 

"Whereas,  the  maiority  of  this  Convention  are  deeply  impressed  with 
the  necessity  of  securing  a  majority  in  the  Legislature  of  Kansas;  and 
whereas,  the  'sisns  of  the  times'  ind-cate  that  the  people  are  unwi'UnQ:  to 
assist  us  in  accomplishing  this  laudable  object ;  and  whereas,  the  time  has 
arrived  when  every  species  of  political  skullduggery  must  be  resorted  to, 
in  order  to  secure  the  State  against  the  Democracy;  therefore,  be  it 

Resolved,  That,  for  the  purpose  of  neutrahzing  the  Democratic  vote  of 
Wyandotte  and  Johnson  counties,  the  staunch  Repubhcan  county  of 
Douglas  be  annexed  thereto. 


480  Convention  Proceedings  and  Debates. 

Resolved,  That,  for  the  purpose  of  neutralizing  the  Democratic  majori- 
ties of  Jackson  and  Jefferson  counties,  the  RepubUcan  county  of  Shawnee 
be  annexed  thereto. 

Resolved,  That  a  similar  regard  for  the  interests  of  the  Eepublican 
party  and  disregard  for  the  interests  of  the  people,  be  followed  throughout 
this  apportionment." 

Now,  sir,  I  think  the  good  sense  of  this  Convention  will  bear  me  out  in 
the  assertion,  that  such  would  be  a  just  preamble  and  setting  forth  of  such 
an  apportionment.  I  believe  it  must  have  been  reported  in  jest,  and  so  I 
trust  it  may  be  received;  for  it  seems  to  me  that,  to  say  the  Convention 
can  be  seriously  desirous  of  inflicting  such  an  apportionment  upon  the 
people,  is  to  insult  the  honesty  and  good  sense  of  the  body.  I  have  ex- 
amined it  to  see  if  there  had  been  any  just  rule  followed — any  natural  con- 
nection of  interests,  but  1  have  foimd  it  to  be  simjily  an  apportionment 
for  the  purpose  of  subserving  the  interests  of  party,  and  no  man  who 
[*361]  looks  at  it,  not  *as  a  partisan,  can  perceive  in  it  any  other  pur- 
pose— if  it  be  not  taken  as  a  piece  of  broad  humor.  But  my  worthy  friend 
says:  "We  have  left  you  your  strongholds — Leavenworth  and  Doniphan." 
Aye,  sir,  they  left  them  because  they  dare  not  touch  them.  The  commit- 
tee knew  that  they  might  tack  on  any  county  in  the  Territory  and  we 
would  give  them  Democratic  representatives  from  these  districts.  Sir,  the 
idea  is  ridiculous  that  the  Convention  shouM  seriously  entertain  this  ma- 
jority report,  and  I  move  to  lay  it  on  the  table. 

Mr.  Slough  demanded  the  yeas  and  nays,  and  the  same  being  seconded, 
ordered  and  taken,  resulted — yeas  14,  nays  27 — as  follows: 

Yeas — Messrs.  Barton,  Foster,  Forman,  Greer,  Hubbard,  Moore,  Mc- 
Dowell, McCune,  McClelland,  Parks,  Ross,  S'ough,  Stinson,  Stiarwalt — 14. 

Nays — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Dutton,  Graham,  Griffith,  Hanway,  Hoffman,  Houston,  Ingalla, 
Kingman,  Lillie,  Lamb,  Middleton,  M^Cullough,  Preston,  Palmer,  Ritchie,. 
Signor,  Stokes,  Simpson,  Townsend,  Williams — 27. 

So  the  Convention  refused  to  lay  on  the  table,  and  the  question  recurred 
on  adoption. 

Mr.  J.  Blood  demanded  the  previous  question,  and  there  was  a  second- 
Mr.  Slough  demanded  the  yeas  and  nays,  and  they  were  ordered,  and 
being  taken  on  the  main  question,  to-wit:    "Shall  the  main  question  be 
now  put?" — the  result  was — yeas  26,  nays  15 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett.  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Dutton,  Graham,  Griffith,  Hanway,  Hoffman,  Houston,  Ingalls, 
Kingman,  Lillie,  Lamb,  Middleton,  McCullough,  Preston,  Ritchie,  Signor, 
Stokes,  Simpson,  Townsend,  Williams — 26. 

Nays — Messrs.  Barton,  Foster,  Forman,  Greer,  Hubbard,  Moore,  Mc- 
Dowell, McCune,  McClelland,  Palmer,  Parks,  Ross,  Slough,  Stinson,  Stiar- 
walt—15. 

So  the  main  question,  viz:    Shall  the  report  be  adopted?  was  ordered. 
Hereupon  followed  a  call  of  the  House,  demanded  by  Mr.  Stinson,  which 
discovered  forty-two  members  present. 

Mr.  Slough  raised  a  question  of  order,  upon  which  he  alleged  that  a 
motion  to  lay  an  amendment  on  the  table,  if  successful,  carried  the  original 
with  it.  The  Chair  holding  that  the  parliamentary  rule  also  justified  the 
question  or  the  amendment  alone.    But,  in  the  foregoing,  the  Chair  in- 


Tuesday,  July  26,  1859.  481 

sisted  that  both  motions  were  subsidiary,  and  that  there  was  no  main 
question  upon  which  an  amendment  could  have  been  apphed. 

Mr.  Slough  appealed  from  the  dicision,  and  demanded  the  yeas  and 
nays,  and  they  were  ordered. 

Mr.  Ross.  Mr.  President,  I  wish  to  be  excused  from  voting  on  this 
question.  It  is  but  an  effort  to  stave  off  the  final  vote  upon  the  report  of 
the  committee.  I  perceive  that  the  report  is  to  be  put  through  under  the 
party  lash,  and  further  resistance  would  be  useless.  Much  as  I  regret  to 
differ  with  my  political  friends,  I  must  denounce  this  measure  as  unfair 
and  unworthy  of  the  support  of  Republicans.  I  am  ready  for  the  vote 
upon  the  main  question.  If  gentlemen  wish  to  throttle  the  Republican 
party  of  Kansas  and  damn  themselves,  let  them  urge  this  measure;  but  I 
will  not  be  a  party  to  the  scheme. 

Mr.  Ross  was  excused. 

Mr.  Arthur  was  also  excused  from  voting. 

The  vote  on  the  api)eal  was  then  taken  and  reported — yeas  25,  noes  13 — 
so  the  decision  of  the  Chair  was  sustained  as  the  judgment  of  the  House. 

Mr.  Stinson.  Mr.  President,  the  hour  of  adjournment  (12  o'clock,  m.) 
has  arrived. 

The  PRFsmEXT.    The  ruling  and  precedents  are,  never  to  adjourn  while 
a  question  is  pending.    We  are  still  under  the  force  of  the  previous  ques- 
tion.   The  Chair  has  not  the  least  objection  to  adjournment — in  fact  de- 
sires it ;  and  if  no  objection  is  made,  he  will  adjourn  till  3  o'clock. 
[*362]     *Mr.  Graham.    I  object. 

The  PREsmENT.  Then  we  cannot  adjourn.  The  main  question  is  on  the 
adoption  of  the  report  of  the  committee  on  apportionment. 

Mr.  Stinson.    I  appeal  from  that  decision. 

The  President.    It  is  for  the  purpose  of  consuming  time. 

Mr.  Stinson.    The  Chair  has  no  right  to  construe  my  motives. 

The  President.  Will  the  gentleman  give  his  reason  and  authorities  for 
the  appeal? 

Mr.  Stinson.  If  the  Chair  will  give  me  a  reasonable  time,  I  will. 
(Laughter.) 

Mr.  Graham.  It  is  self-evident  that  this  is  only  for  the  purpose  of  de- 
laying time. 

Mr.  Ritchie.    I  move  an  adjournment. 

The  President.    If  there  is  no  objection — 

Mr.  Stinson.  I  object.  (He  then  proceeded  to  read  and  ground  his 
appeal  upon  Cushing's  unabridged  work  on  the  Rules  and  Regulations  of 
Deliberative  Assemblies.) 

Mr.  Ingalls.  I  move  that  the  Convention  take  a  recess  till  1  1-4 
o'clock. 

The  motion  was  agreed  to — 

Mr.  Slough  objecting,  and  claiming  the  floor. 

So  the  Convention  took  a  recess  till  1:15  p.  m. 


.31 — 778 


482  Convention  Proceedings  and  Debates. 

AFTERNOON  SESSION. 

The  President  resumed  the  Chair  at  a  quarter  past  one  o'clock,  and 
announced  the  main  question,  viz:  Will  the  Convention  concur  in  Mr. 
Graham's  motion  to  adopt  the  report  of  the  majority  of  the  committee  on 
Apportionment  ? 

Mr.  Slough  demanded  the  yeas  and  nays,  and  they  were  ordered. 

Mr.  FoRMAN.    I  desire  to  present  the  reasons  for  my  vote. 

The  President.  The  Chair  cannot  permit  an  explanation  under  the 
rules. 

The  vote  was  reported — yeas  26,  nays  15 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Button,  Graham,  Griffith,  Hanway,  Hoffman,  Houston,  Installs, 
Kingman,  Lillie,  Lamb,  Middleton,  McCullough,  Preston,  Ritchie,  Signer, 
Stokes,  Simpson,  Townsend,  WiUiams — 26. 

Nays — Messrs.  Barton,  Foster,  Formnn.  Greer.  Hubbard,  Moore,  Mc- 
Dowell, McCune,  McClelland,  Parks,  Porter,  Ross,  Slough,  Stiarwalt, 
vStinson — 15. 

So  the  report  was  adopted  without  amendment. 

Mr.  Graham.  Mr.  President,  I  move  to  reconsider  the  vote  just  taken, 
and  to  lay  that  motion  on  the  table. 

Mr.  Slough.  I  demand  the  yeas  and  nays:  and  they  were  ordered  and 
taken,  resulting — yeas  24,  nays  16 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  J.  Blood,  Blunt,  Burris,  N.  C.  Blood, 
Crocker,  Dutton,  Graham,  Griffith,  Hanway,  Hoffman,  Ingalls,  Kingman, 
Lillie,  Lamb,  Middleton,  McCullough,  Preston,  Ritcliie,  Stokes,  Simpson, 
Townsend,  Williams — 24. 

Nays — Messrs.  Barton,  Foster,  Forman,  Greer,  Hubbard,  Houston, 
Moore,  McDowell,  McCune,  McClelland,  Parks,  Porter,  Ross,  Slough, 
Stinson,  Stiarwalt — 16. 

So  the  latter  motion  of  Mr.  Graham  was  agreed  to. 

On  motion  by  Mr.  Kingman,  the  Article  was  referred  to  the  commit- 
tee on  phraseology  and  arrangement,  for  arrangement  and  enrollment. 

Mr.  McDowell.  Mr.  President,  on  behalf  of  the  minoritv  of  the  Con- 
vention, I  give  notice,  that  we  desire  to  have  a  protest,  which  we  will  pre- 
pare against  this  action,  and  desire  to  have  the  same  entered  upon  the 
journal. 

schedule. 

The  President.    What  is  the  further  pleasure  of  the  Convention? 

Mr.  Foster.  Mr.  President,  I  move  to  take  up  again  the  Article  re- 
])orted  from  the  committee  on  Schedule. 

The  motion  was  agreed  to,  and  the  report  was  taken  up  accordingly. 

On  motion  by  Mr.  Stinson,  the  Convention  resolved  into  committee 
of  the  whole — Mr.  Foster  in  the  Chair — and  the  said  Article  (it  being 
[*363]  *a  continuation  thereof,  as  furnished  in  a  second  report  from  the 
standing  committee)  was  taken  up  and  considered  by  sections. 

Section  9  was  read  by  the  Secretary,  viz: 

"No  debt  of  the  Territory  shall  be  assumed  by  the  State,  except  by  a 
law  passed  by  a  vote  of  two-thirds  of  each  branch  of  the  Legislature." 


Tuesday,  July  26,  1859.  483 

Mr.  McDowell.  I  would  inquire  of  the  chairman  of  the  committee  on 
Schedule,  what  has  become  of  the  former  part  of  the  report  ? 

Mr.  BuRRis.  The  committee  made  their  first  report  on  the  15th.  There 
were  ten  sections  presented,  and  eight  of  them  were  acted  on.  When  we 
were  in  committee  of  the  whole  before  on  this  report,  eight  sections  were 
adopted,  with  amendments,  and  whilst  the  matter  of  this  ninth  section  was 
being  considered,  the  committee  rose. 

The  Chairman.  Sections  9  to  21  inclusive  are  now  before  the  Con- 
vention. 

Mr.  J.  Blood.    Mr.  Chairman,  I  move  to  strike  out  that  section. 

Mr.  McDowell.  Mr.  Chairman,  this  section  has  already  elicited  some 
discussion;  and  the  gentleman  from  Douglas  (Mr.  J.  Blood)  is  now  ready 
to  make  a  speech  against  the  section  as  it  now  stands.  The  reasons  he 
gives — and  they  are  obvious  reasons — are,  that  some  of  these  claims  re- 
ported by  the  Claim  Commissioners  are  so  complicated  by  the  act  of  the 
Territorial  Legislature,  in  connection  with  the  act  of  a  certain  Territorial 
officer,  that,  in  some  sense,  they  may  be  claimed  to  be  State  debts.  I 
apprehend,  that  it  is  not  the  desire  here  to  saddle  these  claims  upon  the 
State,  and  it  is  to  avoid  the  payment  of  those  claims  by  the  State,  that  this 
.section  has  been  introduced.  Now,  if  the  general  government  should  refuse 
to  take  upon  itself  the  Territorial  habilities,  all  these  claims  will  have  to 
be  paid  by  the  new  State — and  no  doubt  will  be  paid;  for  if  they  are  just 
and  proper,  they  can  get  readily  a  two-thirds  vote  of  the  Legislature  to 
sanction  them.  And  those  debts  which  ought  not  to  be  paid  should  have 
that  safeguard  thrown  against  them.  Indeed,  I  would  be  in  favor  of  a 
four-fifths  vote.  I  certainly  could  not  vote  for  less  than  two-thirds.  I 
think  there  is  an  obvious  propriety  in  sustaining  this  section. 

Mr.  J.  Blood.  Mr.  Chairman,  I  can  see  no  propriety  in  the  adoption  of  . 
a  section  of  this  character.  It  is  repudiating  the  debts  of  the  Territory. 
If  I  am  correctly  informed,  the  debts  of  the  Territory  cannot  become  the 
debts  of  the  State,  without  the  action  of  the  State  agam.  In  the  Article 
on  Finance  and  Taxation  I  believe  there  is  a  provision  to  the  effect,  that 
no  debt  shall  be  contracted  by  the  State,  beyond  a  certain  amount,  with- 
out being  first  submitted  to  a  direct  vote  of  the  people.  If  this  debt  of 
the  Territory  cannot  become  a  debt  of  the  State,  without  some  act  of  the 
State,  I  think  there  is  no  danger,  so  long  as  the  proposition  would  have  to 
be  submitted  to  the  people.  1  see  no  reason  for  repudiating  the  debts  of 
the  Territory  now;  and  for  that  reason  I  moved  to  strike  out  the  section. 

Mr.  Graham.  Mr.  Chairman,  I  agree  with  my  friend  from  Leaven- 
worth (Mr.  McDowell)  in  this  matter;  and  I  disagree  ^nth  mv  friend 
from  Douglas  (Mr.  J.  Blood)  that  this  is  a  repudiation  of  the  debts  of  the 
Territory.  For  it  is  well  known,  that  by  that  Territorial  act,  these  claims 
were  not  to  become  debts  of  the  Territory,  until  they  should  be  submitted 
and  passed  upon  by  the  Legislature.  The  Commissioners  were  to  take  the 
testimony  and  submit  it  to  the  future  Legislature,  and  they  were  not  to  be 
debts  of  the  Territory  until  the  IjCgislature  should  pass  upon  them.  But  I 
am  told,  sir,  that,  in  violation  of  that  law,  the  Auditor  has  drawn  his  war- 
rant for  those  claims,  and  that  these  warrants  have  become  funded  in  the 
hands  of  the  Com.missioners  as  bona  fide  debts  of  the  Territory.  There- 
fore I  say,  it  is  due  to  the  people,  that  we  should  guard  this  matter  as 
proposed  in  the  section. 

Mr.  Houston.  Mr.  Chairman,  I  rise  to  ask  the  committee  to  pause 
before  they  take  a  step  fraught  with  consequences  which  I  see  in  this 


484  Convention  Proceedings  and  Debates. 

[*364]  *clause.  For  T  am  free  to  say,  that  the  adoption  of  such  a  sec- 
tion would  be  equivalent  to  a  repudiation  of  our  debts.  Before  we  com- 
mence contracting  debts,  shall  we  commence  repudiating?  Are  we  pre- 
pared for  anything  of  this  kind? — to  say  that  the  debts  of  Kansas  shall 
not  be  paid,  unless  they  can  pass  by  a  two-third  vote  of  the  Legislature? 
For  my  part,  I  shall  hesitate  a  great  while  first;  and  unless  I  see  more 
light  than  falls  upon  it  now,  I  shall  be  compelled  to  vote  for  striking  out. 
If  by  any  hook  or  crook  of  the  Legislature,  oi'  action  of  the  government 
officers,  there  has  been  a  certain  amount  of  debt  fastened  upon  the  Terri- 
tory, still  I  will  not  throw  it  off  by  repudiation.  Repudiation  can  do  noth- 
ing but  harm.  It  will  only  strike  down  our  credit.  Gentlemen  cannot  be 
willing,  at  this  particular  point  in  our  organization,  to  commence  a  career 
of  repudiation!  The  public  indebtedness  cannot  be  changed  by  this.  If  a 
debt  has  been  fastened  upon  us  legally,  we  must  meet  it  legally.  I  under- 
stand that  this  Convention  is  going  to  ask  Congress  for  an  appropriation 
for  this  purpose.  But  it  does  not  follow,  if  the  appropriation  is  not 
granted,  that  we  should  pay  it.  Why  then  strike  down  our  credit?  The 
very  bonds  that  we  get  here — v.^orth  thirty-five  cents — must  they  be 
stricken  down  lower? 

Mr.  Bll'NT.  Mr.  Chairman,  I  certainly  agree  with  my  friends  from 
Leavenworth  and  Atchison  (^  essrs.  McDowell  and  Graham)  in  the  view 
they  take  relative  to  throwing  out  these  claims — that  they  are  not  to  be 
sold,  and  the  Territorj^  cannot  be  made  to  assume  them  without  the  con- 
sent of  a  majority  of  two-thirds,  or,  as  I  would  prefer  it,  without  the  con- 
sent of  the  people.  1  think  that  there  should  be  some  distinction  made 
between  debts  of  the  Territory  arising  from  this  source,  and  other  debts 
that  have  been  legitimately  contracted.  It  is  very  probable  that,  UT)on  our 
admission,  all  the  legitimate  debts  of  the  Territory  will  be  assumed  by  the 
general  government.  But  if  such  should  not  be  the  case,  1  presume  that 
no  gentleman  can  desire  that  Kansas  should  repudiate  her  just  debts. 
Hence  I  think  we  should  make  some  provision,  whereby  there  will  be  a 
proper  discrimination  made  between  debts  that  properly  belong  to  the 
Territory  and  those  that  may  grow  out  of  these  awards  of  the  Commis- 
sioners of  Claims.  For  I  agree  with  my  friend  from  Atchison  (Mr.  Gra- 
ham) that  in  the  matter  of  these  claims  there  certainly  has  been  some- 
thing wrong — that  the  spirit  of  the  law  has  been  violated.  For  I  be- 
lieve that  it  has  never  been  contemplated,  that  these  claims  for  losses 
in  1856,  should  become  funded  debts  of  the  Territory;  and  I  think,  that 
in  drawing  his  warrants  for  them  on  the  Treasury,  the  Auditor  has  cer- 
tainly transcended  his  duty;  and  I  have  prepared  a  section  which  I  think 
meets  the  case  and  makes  the  proper  distinction,  which  I  will  offer  as  a 
substitute  for  the  9th  section: 

"All  debts  of  the  Territory  shall  be  assumed  by  the  State,  except  such 
indebtedness  of  the  Territory  as  may  grow  out  of  the  awards  of  the  Com- 
missioners of  Claims  appointed  under  the  act  of  the  Territorial  Legisla- 
ture, approved  February  7,  1859,  which  indebtedness  shall  not  be  assumed 
by  the  State  except  as  shall  be  hereafter  provided  by  law;  and  no  law 
providing  for  the  payment  of  said  claims  shall  have  any  force  or  efi'ect, 
until  it  shall  have  been  first  submitted  to  the  people  at  some  general  elec- 
tion, and  shall  have  received  a  majority  of  all  the  votes  cast." 

Mr.  BuRHis.  Mr.  Chairman,  I  object  to  the  amendment  of  the  gentle- 
man from  Anderson  (Mr.  Blunt)  for  the  reason  that  it  assumes  the  debts 
that  may  grow  out  of  the  awards  of  Claims  by  the  Commissioners. 


Tuesday,  July  26,  1859.  485 

The  Chairman.    It  has  received  no  second. 

Mr.  BuRRis.  Then  I  am  upon  the  motion  to  strike  out.  Being  a  mem- 
ber of  the  committee  on  Schedule,  at  the  time  this  section  was  inserted, 
with  a  very  hmited  knowledge  of  the  matter,  I  was  at  first  rather  in  favor 
of  the  insertion  of  the  section.  But  my  knowledge  is  still  very  limited  in 
the  matter — so  limited  that  I  am  not  so  well  prepared  to  pass  upon  it  as  I 
[*365]  could  de*sire  to  be;  but  after  the  best  reflection  I  can  bestow 
upon  it,  my  judgment  is,  that  the  section  ought  to  be  stricken  out.  The 
section  provides  that  "no  debt  of  the  Territory  shall  be  assumed  by  the 
State,  except  by  a  law  passed  by  a  vote  of  two-thirds  of  each  branch  of 
the  Legislature.  That  would  strike  just  as  directly  at  all  the  other  debts 
of  the  Territory,  as  it  would  at  those  assumed  or  supposed  debts  which 
may  grow  out  of  these  awards.  If  there  are  just  debts  against  the  Terri- 
tory— and  we  all  know  there  are — the  section  would  preclude  the  Legis- 
lature from  passing  a  law  for  the  liquidation  of  those  just  debts  without  a 
two-thirds  majority  of  all  the  members  of  each  branch — just  as  much  an 
impediment  to  the  passage  of  a  law  for  the  payment  of  the  just  as  the  im- 
just  debts.  Again:  from  the  best  information  I  can  gather — the  words  of 
the  gentleman  from  Atchison — I  do  not  consider  that  the  awards  of  these 
Commissioners  constitute  a  debt  against  the  Territory  at  all. 

Mr.  Graham  (interrupting).  If  the  law  had  been  carried  out  in  good 
faith,  certainly  they  would  not  have  constituted  debts  of  the  Territory. 
But  I  say  the  Auditor  has  drawn  his  warrants  on  the  Treasury  in  favor  of 
these  awards  to  the  extent  of  one  hundred  thousand  or  one  hundred  and 
ten  thousand  dollars,  and  this  amount  has  become  funded. 

Mr.  BuRRis  (resuming).  Some  take  the  position,  that  these  are  debts 
of  the  Territory,  others  that  they  are  not.  My  position  is  this:  What- 
ever debts  the  Territory  may  have  contracted — foolishly  or  wisely — if  they 
are  debts — in  any  amount — and  1  care  not  for  what  purpose  contracted — 
I  am  not  prepared  to  say,  that  the  State  Legislature  shall  not  pass  a  law 
for  the  payment  of  those  debts.  My  own  opinion  is.  that  these  awards  do 
not  constitute  a  debt  against  the  Territory;  but  if  they  do,  I  beMeve  that 
the  Territory  ought  to  pay  them.  Looking  at  it  in  every  shape  it  can 
have,  it  seems  to  me,  that  it  would  be  manifestly  improper  to  have  a  sec- 
tion in  the  Constitution  providing  that  no  debt  of  the  Territory  shall  be 
paid  by  the  State,  unless  two-thirds  of  the  Legislature  shall  be  in  favor  of 
it.  I  would  say,  that  a  bare  majority  should  be  sufficient  to  authorize  the 
people  of  Kansas  to  pay  their  debts. 

Mr.  J.  Blood.  Mr.  Chairman,  there  is  no  proposition  to  assume  the 
debts  of  the  Territory,  nor  do  I  think  that  necessary;  jior  can  I  see  any 
necessity  for  the  repudiation  of  debts.  Gentlemen  say  that  they  are  not  in 
favor  of  these  claims  awarded  by  the  commissioners  being  paid  by  the 
State.  I  presume  that  I  am  as  much  opposed  to  that  as  any  gentleman  in 
the  Convention.  It  is  the  opinion  of  some  that  these  awards  have  been 
converted  into  debts  of  the  Territory.  The  question  with  me  is,  What 
course  should  be  pursued  to  secure  the  payment  of  all  the  just  debts  of  the 
Territory,  and  also  the  payment  of  these  claims,  by  the  general  govern- 
ment? It  seems  to  me  that  the  best  course  is,  not  unnecessarily  to  re- 
pudiate these  debts.  We  should  not,  in  one  breath,  ask  Congress  to  pay 
these  debts,  and  in  the  next  breath  turn  round  and  declare  that  they  are 
not  just  debts!  It  seems  that  would  not  be  the  way  to  get  the  debts  paid 
by  the  general  government.  When  the  time  shall  come  (if  it  ever  does) 
that  the  State  is  called  upon  to  assume  the  debts  of  the  Territory,  then 


486  CoNVEXTiox  Proceedings  and  Debates. 

this  discussion  might  be  proper,  but  it  seems  to  me  quite  out  of  place 
here — that  its  tendency  is  to  prevent  the  assumjition  of  the  debts  b}''  the 
general  government,  by  starting  out  with  open  repudiation — that  the  effect 
will  be  to  increase  the  difficulty.  For  that  reason  1  here  moved  to  strike 
out  the  section. 

Mr.  Kingman.  Mr.  Chairman,  I  do  not  propose  to  discuss  the  maiu 
question,  but  only  to  set  the  reasoning  of  the  gentleman  from  Atchison 
(Mr.  Graham)  right.  He  assumes  that  an  officer  of  the  Territory  (with 
an  object  which  I  cannot  explain)  has  acted  in  violation  of  law  and  enacted 
a  debt  against  the  Territory.  If  the  Auditor  has  drawn  his  warrant,  and 
[*366]  it  is  not  authorized  by  law,  it  is  entirely  null  and  void;  *and  if 
he  has  drawn  his  warrant  as  the  law  required,  he  has  but  done  his  duty. 
And  the  interpretation  of  that  act  of  the  Territorial  Legislature  will  have 
to  be  reserved  for  future  action.  That  most  unfortunate  act  of  the  Legis- 
lature— of  which  the  gentleman  from  Atchison  was  a  member — has  pro- 
duced all  this  trouble;  and  it  will  be  hard  for  him  to  shirk  his  part  of  the 
blame  of  making  a  contradictory  law — presenting  a  hne  of  duty  to  a  pubUo 
officer,  and  declaring  that  the  performance  of  that  duty  shall  have  no 
result — it  will  be  impossible  for  his  skill  to  pass  that  responsibiUty  from 
where  it  belongs,  and  fasten  it  upon  the  shoulders  of  an  officer  of  the 
Territory,  or  any  one  else. 

Mr.  Graham.  Mr.  Chairman,  I  am  no  lawyer.  I  only  know  a  few 
facts,  and  I  wish  to  present  only  facts.  I  ha\'e  no  personal  interest,  nor 
have  I  any  feeling,  growing  out  of  the  question  whether  money  is  to  be 
paid  or  not,  under  these  awards  of  the  commissioners  But,  sir,  when 
that  body — the  Legislature — is  charged  with  doing  a  thing  which  I  know 
they  did  not  do,  I  feel  myself  called  upon  to  stand  up  and  repel  it.  The 
history  of  that  legislation  is  this:  On  my  arrival  in  that  body — about  the 
middle  of  the  session — this  law  of  the  6th  of  February  had  been  introduced. 
It  struck  my  mind  at  the  time  clearly,  that  the  law  gave  too  much  power 
to  the  Commissioners.  We  were  to  select  one,  the  Council  one,  and  the 
Governor  the  third.  Their  action  was  to  be  final  anci  conclusive.  I 
thought  this  was  giving  power  unheard  of — that  it  might  throw  the  Terri- 
tory' of  Kansas  not  merely  a  half  a  million,  but  two,  three,  or  five  millions 
in  debt.  I  at  once  prepared  an  amendment,  but  before  I  was  ready  to 
offer  it  the  bill  had  passed  through  the  House,  and  was  on  its  third  read- 
ing, without  opposition.  I  rose  and  offered  the  amendment,  and  the 
Speaker  ruled  me  out,  because  the  bill  could  not  be  amended  on  the  third 
reading  of  the  amendment.  It  was  for  the  purpose  of  providing  that  the 
action  of  these  commissioners  should  have  no  binding  force  upon  the  people 
of  the  Territory;  but  that  they  should  report  to  a  subsequent  Legislature 
for  their  action.  And  they  passed  the  bill  with  only  three  nays.  My 
amendment  became  the  subject  of  conversation  all  round — and  from  the 
7th  to  the  11th  of  February,  what  was  the  result  in  that  body?  They  saw 
that  they  had  legislated  hastily  and  without  consideration — that  they  had 
gone  too  far,  and  that  the  act  itself  wns  void — because  we  had  there  insti- 
tuted a  court  under  the  name  of  a  Commission,  to  try  and  adjudicate 
claims.  We  examined  this  matter  fully.  My  friend,  Mr.  Berry,  of  Riley 
— an  honest  and  upright  man,  who  had  voted  for  the  bill,  saw  the  point, 
and  went  in  for  the  correction,  heart  and  hand.  Well  the  council  selected 
their  man,  and  an  effort  was  made  in  our  body  to  select  our  man.  I  asked 
to  be  excused  from  voting,  because  the  law  was  void — proposing  to  estab- 
lish a  court  which  was  in  violation  of  the  organic  act.  The  House  could 
not  agree  on  a  candidate,  and  made  no  i^election;  and  then  they  came  to 


Tuesday,  July  26,  1859.  487 

the  conclusion  of  preventing  the  operation  of  the  law  of  the  7th  of  Febru- 
ary, by  refusing  to  elect  their  man — one  of  the  commissioners.  The 
friends  of  these  claimants  then  came  forward  with  a  supplement  to  the 
act  of  the  7th  of  February,  which  covered  all  the  ground  1  claimed,  and 
that  was,  that  the  finding  of  the  commissioners  should  have  no  valid  effect, 
but  that  they  should  report  to  the  Constitutional  Convention  and  to  the 
subsequent  Legislature  of  Kansas.  This  supplemental  bill  was  passed, 
and  we,  believing  it  covered  everything  we  contended  for — not  only  guard- 
ing the  people  against  an  onerous  burden  of  debt  that  likely  might  not  be 
well  founded,  but  doing  at  the  same  time  what  we  considered  to  be  due 
to  those  claimants.  Thus  was  attempted  to  correct  the  error  of  confichng 
to  those  commissioners  high  judicial  powers,  which  had  been  committed  in 
the  haste  with  which  it  was  sought  to  compensate  the  losses  of  those  men 
who  had  periled  their  lives  in  the  cause  of  freedom  in  Kansas.  I  had  no 
[*367]  objection  to  their  pay,  but  only  wanted  to  place  "them  in  a  posi- 
tion where  they  would  have  some  legal  and  tangible  ground  to  stand  upon. 
The  supplemental  bill  was  passed.  And  after  the  bill  was  passed — so 
careful  were  we,  that  we  refused  to  select  our  commissioner  until  after  the 
bill  had  passed  both  branches,  and  was  signed  by  the  Governor  and  laid 
on  the  table  before  us.  But  that  supplement  seems  to  have  been  set  at 
naught,  because  its  title  does' not  correspond  with  the  title  of  the  act  of  the 
7th  of  February.  And  thereupon,  I  understand,  that  a  Territorial  officer, 
without  a  legal  decision  in  the  case,  has  taken  it  upon  himself  to  violate 
the  law,  and  throw  himself  back  upon  the  act  of  the  7th  of  February. 
This  explanation  is  due  to  that  body — and  when  men  come  here  and 
charge  blame  upon  that  Legislature — after  we  have  seen  the  mutilation 
of  their  acts  by  clerks,  printers,  or  others,  I  feel  compelled  to  arrest  the 
charge  come  from  what  quarter  it  may.  The  subject  is  with  the  Conven- 
tion. I  have  no  feeling  upon  it.  But  I  say,  if  there  is  in  this  a  debt  that 
ought  to  come  against  the  Territory,  the  claimant  ought,  in  good  faith,  to 
look  at  the  law  as  it  is;  and  when  he  goes  beyond  that,  it  is  taking  a  step 
that  might  throw  suspicion  upon  his  claim. 

Mr.  Houston.  Air.  Chairman,  I  understand  that  the  people  sent  us 
hare  for  the  purpose  of  making  a  Constitution,  and  not  to  legislate.  I  do 
not  understand  that  when  we  become  a  State  we  have  to  pay  all  the  debts 
of  the  Territory,  or  that  we  have  to  pay  any  of  them,  ^\athout  a  legal  as- 
sumption. It  is  usual,  I  beheve,  for  the  Legislature,  upon  the  adoption  of 
a  State  Constitution,  to  acknowledge  and  pay  the  debts  of  the  Territory. 
Such  a  thing  is  usual  in  the  history  of  a  government  passmg  out  of  the 
Territorial  condition.  These  debts  may  be  assumed  in  whole  or  in  part. 
Every  claim  will  be  brought  to  bear  against  the  Territory,  and  the  Legis- 
lature may  discriminate  and  pay  what  part  they  please.  As  I  understand 
it,  unless  we  assume  the  Territorial  debt,  there  is  no  law  by  which  we 
are  bound  to  pay  any  portion  of  it.  We  might  go  on  here,  and  say  we 
assume,  &c.  But  I  think  that  we  had  better  say  nothing  at  all  in  the  Con- 
stitution about  it.  Let  it  stand  as  though  we  had  no  debts  to  pay.  Indeed 
I  do  not  understand  that  we  are  bound  to  pay  the  debts  of  the  Territory. 
If  we  were  to  adopt  the  amendment  of  the  gentleman  from  Anderson  (Mr. 
Blunt)  it  would  seem  to  me  Uke  saying:  we  will  pay  some  debts;  but 
there  are  certain  other  debts  that  we  will  not  pay.  It  will  be  virtually 
saying  to  Congress:  "There  are  some  debts  just  and  right;  but  these 
claimants,  who  have  lost  their  property  and  have  just  claims  on  the  Gen- 
eral Government — these  we  repudiate."  It  will  throw  a  stain  of  distrust 
upon  them,  by  virtually  sa\-ing  to  Congress:    "We  wish  you  to  pay  these 


488  Convention  Proceedings  and  Debates. 

debts,  though  we  believe  them  to  be  unjust!"  If  we  have  ever  to  re- 
pudiate, let  us  not  begin  just  now.  When  debts  come  up  to  millions,  it 
will  be  time  enough  to  repudiate.  It  looks  foolish  to  me  to  repudiate  be- 
fore we  begin  to  make  debts. 

Mr.  President  Winchell.  Mr.  Chairman,  amidst  the  difficulties 
which  surround  this  section,  it  seems  to  me  it  would  be  the  part  of  pru- 
dence to  ascertain  and  see  what  has  been  the  action  of  Constitutional  Con- 
ventions under  similar  circumstances.  Upon  examination  of  the  schedules 
of  the  Constitutions  of  Minnesota  and  Oregon,  I  find  not  the  most  remote 
allusion  to  the  public  debt  of  the  Territory — no  offer  to  assume  or  re- 
pudiate. In  fact,  repudiation  is  impossible,  because  the  debts  do  not  be- 
long to  the  State.  It  seems  to  me,  sir,  that  this  whole  argument,  instead 
of  rising  to  the  dignity  of  a  principle  proper  to  be  considered  here,  has 
been  but  the  review  of  a  mere  incident  in  our  legislative  history,  and  as 
such  it  is  out  of  place — and  until  some  argument  is  proposed  for  inserting 
in  the  Constitution,  a  provision  in  regard  to  the  Territorial  debts,  I  shall 
hold  it  out  of  order.    I  hope  the  section  will  be  stricken  out. 

[*368]  The  question  was  now  taken  on  Mr.  J.  -Blood's  motion  to  strike 
out  the  9th  section ;  and  it  was  agreed  to. 

So  the  resolution  was  rejected. 

Section  10  being  read,  viz: 

"Sec.  10.    Until  otherwise  provided  by  law,  the  seat  of  government  shall 

be  at ." 

On  motion  by  Mr.  Winchell,  it  was  stricken  out  of  the  article,  as 
superseded  matter. 

Mr.  Greer.  Mr.  Chairman,  before  passing  from  this  part  of  the  report, 
I  move  a  reconsideration  of  the  vote  adopting  section  4,  for  the  purpose 
of  enabling  me  to  submit  an  amendment,  adding  the  following  words: 

"Except  an  act  entitled  an  act  to  provide  for  the  adjustment  and  pay-, 
ment  of  claims,  approved  February  7,  1S59;  and  an  act  entitled  an  act 
supplementary  to  an  act  entitled  an  act  to  provide  for  the  payment  of 
claims,  approved  February  11th,  1859."    I  desire  to  provide  for  the  con- 
tinuance of  these  acts. 

Mr.  President  Wincheli,.  Mr.  Chairman,  the  uniform  practice  of  the 
Convention  and  Committee  has  been,  that  no  reconsideration  is  in  order 
until  the  article  has  been  gone  through. 

The  Chairman.  The  point  is  well  taken.  The  Secretary  will  read  the 
next  section — the  9th  section  in  the  second  report. 

Sections  9,  10  and  11  were  then  read  and  passed  without  amend- 
ment, viz: 

"Sec.  9.  For  the  purpose  of  taking  the  vote  of  the  electors  of  this  Terri- 
tory for  the  ratification  or  rejection  of  this  Constitution,  an  election  shall 
be  held  in  the  several  voting  precincts  in  this  Territory,  on  the  first  Tues- 
day in  October,  a.  d.  1859,  which  election  shall  be  governed  by  the  election 
law  of  the  Territory  of  Kansas. 

Sec.  10.  Each  elector  shall  express  his  assent  or  dissent  to  this  Consti- 
tution by  \'oting  a  written  or  printed  ballot  labelled  "For  the  Constitu- 
tion," or  "Against  the  Constitution." 

Sec.  11.  If  a  majority  of  all  the  votes  cast  for  and  against  the  Con- 
stitution shall  be  in  favor  of  the  Constitution,  then  there  shall  be  an  elec- 
tion held  in  the  several  voting  precincts  of  this  Territory  on  the  first  Tues- 


Tuesday,  July  26,  1859.  489 

day  in  December,  a.  d.  1S59,  for  the  election  of  all  the  State,  district  and 
county  officers  provided  for  in  this  Constitution,  and  for  a  member  of 
Congress." 

Section  12  was  read,  viz: 

"Sec.  12.  All  persons  having  the  quahfications  of  electors,  according  to 
the  provisions  of  this  Constitution,  at  the  date  of  each  of  said  elections, 
and  who  shall  have  been  duly  registered  according  to  the  provisions  of  the 
registry  law  of  this  Territory,  and  none  others,  shall  be  entitled  to  vote  at 
each  of  said  elections." 

Mr.  President  Winchell.  I  move  to  amend  section  12  by  adding 
these  words:  "under  this  Constitution."  I  believe  this  section  is  intended 
to  apply  to  elections  under  this  Constitution,  for  the  fact  that  the  9th  sec- 
tion provides  that  the  qualifications  of  voters  on  the  ratification  of  the  Con- 
stitution shall  be  the  same  as  under  the  Territorial  election  laws;  and  that 
being  the  case,  for  the  purpose  of  avoiding  any  ambiguity,  I  propose  to 
be  specific  here,  by  inserting  the  words  I  have  given. 

Mr.  Stinson.  Mr.  Chairman,  I  understand  by  this  that  the  gentleman 
proposes  to  enact  a  registry  law  under  this  Constitution. 

Mr.  Winchell.  The  object  is  to  define  the  election  intended  by  this 
section.  By  section  9,  the  election  upon  [the  ratification  of]  this  Consti- 
tution is  governed  in  all  respects  by  the  election  law  of  the  Territory,  and 
for  the  purpose  of  making  this  section  definite,  I  move  these  words. 

Mr.  Stin&'on.    I  move  to  strike  out  the  entire  section. 

Mr.  BuRRis.  The  quaUfications  of  electors  under  this  Constitution,  are 
different  from  the  qualifications  under  the  Territorial  laws.  The  election 
laws  of  the  Territory  prescribe  three  months'  residence — this  Constitu- 
tion prescribes  six  months.  This  Constitution  requires  a  six  months'  resi- 
[*369]  dence.  Section  9  provides  for  an  election  on  the  first  Tuesday  *in 
October,  at  which  the  people  shall  vote  upon  the  adoption  or  rejection 
of  this  Constitution.  In  the  event  of  its  adoption,  section  11  provides  for 
another  ejection  on  the  first  Tuesday  in  December.  It  seems  to  me  that 
no  amendment  is  needed.  It  is  just  as  clear  as  it  can  be.  The  only  ques- 
tion (if  there  can  be  any  in  the  premises)  is  whether  the  Convention  de- 
sires the  qualifications  to  be  the  same  for  voting  upon  the  Constitution  as 
for  voting  under  the  Constitution. 

Mr.  Winchell.  I  desire  to  avoid  any  conflict  in  the  provisions  of  sec- 
tions, and  to  avoid  conflict  with  the  general  election  laws.  Section  9  pro- 
vides that  the  election  in  October  shall  be  governed  by  the  e'e'^tion  laws 
of  the  Territory  of  Kansas.  These  election  laws  define  the  quahfications  of 
voters.  At  the  same  time  section  12  defines  the  qualifications  of  voters, 
but  in  a  different  way.  Now,  if  there  is  no  conflict  here,  I  have  no  desire 
to  amend.  But,  if  section  12  conflicts  with  section  9,  as  it  seems  to  mo  it 
does  certainly,  as  regards  the  election  in  October,  it  seems  to  me  that  some 
amendment  should  be  made  to  make  it  correspond.  I  suggest  to  the  chair- 
man of  the  committee  on  schedule  whether  I  am  not  correct. 

Mr.  BuRRis.  There  misht  be  possibly  conflict.  But  1  would  suggest  to 
strike  out  and  correct  in  section  9  in  preference  to  section  12.  I  would 
prefer  to  leave  the  qualifications  as  they  are  in  section  12.  I  will  under- 
take to  move  in  Convention  to  strike  out  the  last  clause  in  section  9. 

Mr.  Winchell.  I  will  waive  the  matter,  imtil  the  proper  time  for  the 
consideration  of  section  9. 

The  section  was  then  passed. 


490  Convention  Proceedings  and  Debates. 

Sections  13  to  21,  inclusive,  were  severally  read  and  passed  to  the  end  of 
the  Article,  viz: 

"Sec.  13.  The  persons  who  may  be  judges  of  the  several  voting  precincts 
of  this  Territory  at  the  date  of  the  respective  elections  in  this  Article  pro- 
vided for,  shall  be  the  judges  of  the  respective  elections  herein  pro- 
vided for. 

Sec.  14.  Said  judges  of  election,  before  entering  upon  the  duties  of 
their  office,  shall  take  and  subscribe  an  oath  faithfully  to  discharge  their 
duties  as  such.  They  shall  appoint  two  clerks  of  election,  who  shall  be 
sworn  by  one  of  said  judges  faithfully  to  discharge  their  duties  as  such. 
In  the  event  of  a  vacancy  in  the  board  of  judges  the  same  shall  be  filled  by 
the  bystanders. 

Sec.  15.  At  each  of  the  elections  provided  for  in  this  Article  the  polls 
shall  be  opened  between  the  hours  of  nine  and  ten  o'clock,  a.  m.,  and  closed 
at  sunset. 

Sec.  16.  The  tribunals  transacting  county  business  of  the  several  coun- 
ties, shall  cause  to  be  furnished  to  the  boards  of  judges  in  their  respective 
counties  two  poll  books  for  each  election  hereinbefore  provided  for,  upon 
which  the  clerks  shall  inscribe  the  name  of  every  person  who  may  vote  at 
the  said  elections. 

Sec.  17.  After  closing  the  polls  at  each  of  the  elections  provided  for  in 
this  Article,  the  judges  shall  proceed  to  count  the  votes  cast  and  designate 
the  persons  or  objects  for  which  they  were  cast,  and  shall  make  two  cor- 
rect tally  lists  of  the  same. 

Sec.  18.  Each  of  the  boards  of  judges  shall  safely  keep  one  poll  book 
and  tally  list,  and  the  ballots  cast  at  each  election,  and  shall,  within  ten 
days  after  such  election,  cause  the  other  poll  book  and  tally  list  to  be 
transmitted,  by  the  hands  of  a  sworn  officer,  to  the  clerk  of  the  board 
transacting  county  business  in  their  respective  counties,  or  to  which  the 
county  may  be  attached  for  municipal  purposes. 

Sec.  19.  The  tribunals  transacting  county  business  shall  assemble  at 
the  county  seats  of  their  respective  counties  on  the  second  Tuesday  after 
each  of  the  elections  provided  for  in  this  Article,  and  shall  canvass  the 
votes  cast  at  the  elections  held  in  the  several  precincts  in  their  respective 
[*370]  counties,  and  of  the  coun*ties  attached  for  municipal  purposes. 
They  shall  hold  in  safe  keeping  the  poll  books  and  tally  lists  of  said  elec- 
tions, and  shall,  within  ten  days  thereafter,  transmit,  by  the  hands  of  a 
.sworn  officer,  to  the  President  of  this  Convention,  at  the  City  of  Topeka, 
a  certified  transcript  of  the  same,  showing  the  number  of  votes  cast  for 
each  person  or  object  voted  for  at  each  of  the  several  precincts  in  their 
respective  counties,  and  in  the  counties  attached  for  municipal  purposes, 
separately. 

Sec.  20.  The  Governor  of  the  Territory,  the  President  of  this  Con- 
vention and  the  Secretary  of  the  Convention  shall  constitute  a  Board  of 
State  canvassers,  any  two  of  whom  shall  constitute  a  quorum;  and  who 
shall,  on  the  fourth  Monday  after  each  of  the  elections  provided  for  in 
this  Article,  assemble  at  said  City  of  Topeka,  and  proceed  to  open  and 
canvass  the  votes  cast  at  the  several  precincts  in  the  different  counties  of 
the  Territory  and  declare  the  result,  and  shall  immediately  issue  certifi- 
cates of  election  to  all  persons  (if  any)  thus  elected. 

Sec.  21.  Said  Board  of  State  Canvassers  shall  issue  their  proclamation 
not  less  than  twenty  days  next  preceding  each  of  the  elections  provided 


Tuesday,  July  26,  1859.  491 

for  in  this  Article.  Said  proclamations  shall  contain  an  announcement  of 
the  several  elections,  the  qualifications  of  electors,  the  manner  of  conducting 
said  elections  and  of  making  the  returns  thereof,  as  in  this  Constitution 
provided  for,  and  shall  publish  said  proclamation  in  one  newspaper  in  each 
of  the  counties  of  the  Territory  in  which  a  newspaper  mjiy  be  then  pub- 
lished." 

Mr.  Greer.    Mr.  Chairman,  I  offer  the  following  additional  section: 

"Sec.  22.    This  Constitution  shall  be  conveyed  to  Washington  City  by 

,  who  shall  deliver  authentic  copies  thereof  to  the  President  of 

the  United  States,  to  the  President  of  the  Senate,  and  to  the  Speaker  of 
the  House  of  Representatives." 

Mr.  WiNCHELL.  Mr.  Chairman,  I  would  inquire  whether  it  would  not 
be  sufficient  for  our  purpose,  to  send  a  copy  of  the  Constitution  to  Wash- 
ington by  our  Delegate  to  Congress?  It  would  save  the  expense  of  a 
special  messenger.  It  would  save  the  feeling  that  competition  might  raise 
for  that  privilege,  because  we  do  not  yet  know  who  will  be  our  Delegate 
to  Congress. 

Mr.  McDow^ELL  (in  his  seat).    Some  clever  Democrat. 

Mr.  WiNCHELL.  My  friend  McDowell  might  desire  to  insert  his  name 
in  the  blank. 

Mr.  Houston.  I  think  we  had  better  leave  it  with  the  Governor,  and 
the  President  and  Secretary  of  this  Convention. 

Mr.  McDowell.    I  move  to  fill  the  blank  with  "Delegate  to  Congress." 

The  motion  was  agreed  to,  and  so  the  section  passed. 

The  committee  then  rose,  and  the  Chairman  reported  the  Article  back 
to  the  Convention  with  the  foregoing  amendments,  recommending  concur- 
rence. 

Mr.  Greer.  Mr.  President,  I  move  to  reconsider  the  vote  adopting  sec- 
tion 4,  for  the  purpose  of  enabling  me  to  offer  an  amendment.  The  words 
of  that  section  are: 

"Sec.  4.  All  laws  and  part  of  laws  now  in  force  in  this  Territory,  not 
inconsistent  with  this  Constitution,  shall  continue  and  remain  in  full  force 
until  they  expire,  or  be  repealed." 

And  I  propose  to  add  these  words: 

"Except  an  act  entitled  an  act  to  provide  for  the  adjustment  and  pa\'- 
ment  of  claims,  approved  February  7,  1850;  and  an  act  entitled  an  act 
supplementary  to  an  act  entitled  an  act  to  provide  for  the  payment  of 
claims,  approved  Februarj'  11,  1859." 

Mr.  J.  Blood.  Mr.  President,  I  do  not  see  the  necessity  for  the  amend- 
ment, and  shall  be  compelled  to  vote  against  it. 

Mr.  Kingman.  I  would  like  to  hear  what  would  be  the  effect  of  the 
amendment. 

Mr.  Greer.  It  is  to  present  the  act  under  which  these  claims  for  losses 
[*371]  of  property  in  1856,  and  under  which  it  is  supposed  that  a  *debt 
is  devolved  upon  the  Territory,  from  having  any  force  after  the  adoption 
of  this  Constitution. 

Mr.  Stinson.  Mr.  President,  it  strikes  me  that  the  gentleman  makes 
a  very  grave  error  in  supposing  it  can  have  any  such  effect.  This  law  has 
been  enforced.  It  is  said  to  have  an  application  to  those  claims  that  exist 
beyond  and  above  law;  and  to  repeal  it,  is  just  an  attempt  to  do  what  can 


492  Convention  Proceedings  and  Debates. 

have  no  effect  whatever  in  any  manner  or  form  that  I  can  conceive  of.  It 
is  simply  repealing  a  law  after  it  has  done  the  work.  I  do  not  want  to 
go  to  work  at  repealing  laws  here.  It  is  beneath  the  dignity  of  the  Con- 
stitutional Convention,  I  should  think. 

Mr.  Graham.  Mr.  Chairman,  I  find  in  that  Constitution — which  I 
think  is  a  model  for  the  gentleman  from  Leavenworth — the  Lecompton 
Constitution — that  in  proposing  to  pass  out  of  the  Territorial  condition 
into  that  of  a  State,  they  there  make  an  exception  of  one  law,  just  as  the 
gentleman  from  Shawnee  (Mr.  Greer)  now  proposes  to  do.  There  we  have 
a  precedent! 

Mr.  Greer's  amendment  was  rejected — affirmative  9,  negative  14. 

AS   TO    SLAVES. 

Mr.  Stinson  submitted  the  following  additional  section: 

"Sec.  — .  In  the  event  that  this  Constitution  is  ratified  by  the  people 
according  to  the  provis'ons  of  the  same,  then  section  six  of  the  Bill  of 
Rights,  shall  be  suspended  in  its  operation,  os  to  slaves  in  the  Territory  at 
the  time  this  State  is  admitted  into  the  Union,  for  the  space  of  twelve 
months  thereafter,  at  the  expiration  of  which  time  it  shall  be  revived,  and 
remain  in  full  force  and  effect  forever." 

Mr.  Blunt.    I  move  to  lay  it  on  the  table. 

Mr.  Stinson.    I  demand  the  yeas  and  nays. 

Mr.  Blunt.    I  withdraw  the  motion. 

A  Voice.    It  is  not  in  order. 

The  President.    The  Chair  is  of  opinion,  that  the  section  is  in  order. 

IS^T.  Stinson.  A^r.  President,  I  will  state  briefly — without  attempting 
TO  argue  the  question — the  object  I  have  in  introducing  this  section.  It  is 
well  known  that  there  is  slave  property  held  in  this  Territory  under  co'or 
of  law.  And  by  the  opern+ion  of  this  Copsi^itution,  the  moment  it  goes 
into  effect,  these  slaves  "are  liberated ;  and  I  have  introduced  this  proposi- 
tion, in  order  that  this  Constitution  may  not  work  th's  seem'n2;  iniusti'^e — 
but  that  a  reasonable  time — I  care  not  if  it  is  but  six  months — should  be 
given  to  those  owning  slave  property,  to  remove  them  out  of  our  borders. 

Mr.  Stinson  demanded  the  yeas  and  nays,  and  the  same  bem-r  seconded, 
ordered  and  taken,  the  vote  stood — yeas  11,  nays  28 — as  follows: 

Yeas — Messrs.  Barton,  Burris,  Foster,  Hubbard,  Hoffman,  McDowell. 
McCune,  Pa'mer,  Signor,  S'ough,  Stinson — 11. 

Nays — Messrs.  Arthur,  Burnett.  Blunt,  J.  B'ood,  N.  C.  Blood,  Crocker, 
Dutton,  Forman,  Graham.  Greer.  Gnffith,  Hanwnv,  Houston,  Ingalls,  King- 
man. L'llie,  Lnmb,  Midd'eton,  McClelland.  McCuUoush,  Preston,  Porter, 
Ritchie,  Ross,  Stokes,  Simpson,  Townsend,  Williams — 28. 

iMR.  Foster's  reason  for  his  vote. 

"I  vote  in  favor  of  the  adontion  of  the  section  because  it  covers  the  ex- 
])re.«!s  instructions  of  my  constituents  on  the  subject  of  slaves  now  in  the 
Territory.  R.  C.  Foster." 

So  the  section  was  rejected. 

Mr.  Blunt.    I  now  move  to  adopt  the  article,  as  a  whole. 
Mr.  Graham.    I  move  to  amend  the  motion  by  an- order  to  consider  il 
-section  by  section. 

The  latter  motion  was  agreed  to. 

Section  9,  of  the  second  report,  was  read,  viz.: 


Tuesday,  July  26,  1859.  493 

"Section  9.  For  the  purpose  of  taking  the  vote  of  the  Electors  of  this 
Territory  for  the  ratification  or  rejection  of  this  Constitution,  an  election 
shall  be  held  in  the  several  voting  precincts  in  this  Territory,  on  the  first 
Tuesday  in  October,  a.  d.  1859,  which  election  shall  be  governed  by  the 
election  law  of  the  Territory  of  Kansas." 

[*372]  *i\'r.  BuRRis.  ]\  r.  President,  I  move  to  strike  out  the  latter 
clause — these  words:  "which  election  shall  be  governed  by  the  election  law 
of  the  Territory  of  Kansas." 

Mr.  McDoW'ELL.  I  desire  to  move  to  strike  out  the  section,  and  that 
section  9,  as  originally  reported — in  the  first  report  of  the  Committee  on 
Schedule  be  inserted  in  its  place.    It  is  in  these  words: 

"Sec.  9.  No  debt  of  the  territory  shall  be  assumed  by  the  State,  except 
by  a  law  passed  by  a  vote  of  two-thirds  of  each  branch  of  the  Legisla- 
ture." 

This  section  was  stricken  out  in  Committee  of  the  Whole.  I  move  that 
it  be  inserted  again,  and  upon  that  motion  I  ask  for  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered,  and  being  taken,  resulted — yeas  14, 
nays  22 — as  follows: 

Yeas — JMessrs.  Barton,  Foster,  Forman,  Graham,  Greer,  Hubbard,  Mc- 
Dowell, McCune,  McClelland,  McCuUoUj^^h,  Palmer,  Signor,  Slough,  Simp- 
son— 14. 

Nays — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  B'ood, 
Crocker,  Button,  Griffith,  Hanway,  Hoffman,  Ingalls,  Kingman,  Li.'.ie, 
Lamb,  Middleton,  Preston,  Porter,  Koss,  Stokes,  Townsend,  WiUiams — 22. 

So  the  motion  to  amend  was  rejected. 

assumption  of  the  debts  of  the  territory. 

]\Tr.  Blunt.  Mr.  President,  I  now  move  that  the  proposition  I  offered 
in  the  committee  of  the  whole,  be  inserted  in  the  place  of  section  9.  It  is  as 
follows : 

"Sec.  9.  All  debts  of  the  Territory  shall  be  assumed  by  the  State,  ex- 
cept such  indebtedness  of  the  Territory  as  may  grow  out  of  the  awards  of 
the  Commissioners  on  Claims  appointed  under  an  act  of  the  Territorial 
Legislature,  February  7th,  1859;  which  indebtedness  shall  not  be  assumed 
by  the  State,  except  as  shall  be  hereafter  provided  by  law,  and  no  law  pro- 
viding for  the  payment  of  said  claims  shall  have  any  force  or  effect  until 
it  shall  have  been  first  submitted  to  the  people  at  some  general  election. 
and  secure  a  majority  of  all  the  votes  cast." 

Mr.  J.  Blood.  Mr.  President,  I  do  not  understand  the  extent  of  the 
exception  in  this  provision.  I  am  opposed  to  assuming  any  debts  of  the 
Territory  by  this  Convention.  I  expect  the  expenses  of  the  Territory  will 
be  paid  by  the  general  government,  as  they  should  be,  without  assumption 
or  repudiation  on  our  part.  I  am  oppo,sed  to  the  section,  for  the  reason 
before  stated — that  I  think  it  proposes  what  is  improper,  unnecessary,  un- 
usual and  out  of  precedent — that  we  should  assume  a  debt  that  is  strictly 
and  properly  a  debt  of  the  general  government  of  the  LTnion. 

Mr.  Blunt.  Mr.  President,  I  understand  that  there  is  a  disparity  of 
opinion  on  this  matter.  I  do  not  think  it  certain  that  the  general  govern- 
ment will  pay  all  the  debts  of  the  Territory.  It  seems,  from  the  evidence 
before  us,  that  certain  claims  growing  out  of  the  awards  of  the  commis- 
sioners on  claims,  have  to  a  certain  extent,  become  debts  of  the  Territory — 
warrants  for  them  having  been  drawn  upon  the  treasury.    Now  the  ques- 


494  CoxvEXTiON  Proceedings  and  Debates. 

tion  arises,  if  the  federal  government  should  not  see  proper  to  liquidate  the 
debt  arising  [out]  of  the  awards  of  these  claims — which  I  do  not  think  at 
all  improbable — what  will  be  the  position  of  the  State  m  this  matter,  un- 
less we  determine  here  on  some  course  of  action?  It  appears  to  me  that 
it  will  stand  as  a  debt  against  the  State.  And  I  think  it  altogether  proper 
that  we  should  have  some  understanding  in  relation  to  this  matter  here. 
I  think  there  is  no  gentleman  here  desirous  of  repudiating  any  of  the  legiti- 
mate debts  of  the  Territory;  but  I  believe  that  nineteen-twentieths  of  the 
people  of  the  Territory  would  repudiate  any  debt  growing  out  of  the 
awards  of  these  commissioners.  Hence,  I  am  in  favor  of  settling  the  matter 
here,  and  providing  that  no  such  indebtedness  shall  be  assumed  by  the 
State,  without  some  future  legislation,  and  that  the  law  providing  for  it 
shall  be  ratified  by  the  people.  If  Congress  should  see  proper  to  make  an 
[*373]  appropriation  to  pay  these  claims,  well  and  good.  *Then  there 
will  be  no  necessity  for  further  legislation  upon  it.  But  I  do  not  feel  hke 
leaving  it  an  open  question. 

Mr.  Ritchie.  It  seems  to  me,  sir,  that  there  is  a  necessity  for  some- 
thing to  be  done  here.  In  looking  over  the  report  of  these  commissioners, 
I  find  something  reading  in  this  wise:  "It  shall  be  the  duty  of  the  Auditor 
of  this  Territory,  upon  the  delivery  of  any  certificate  of  award  riven  by 
said  commissioners,  to  draw  his  warrant  for  the  same  upon  the  Treasury 
of  the  Territory,"  &c.  Now,  sir,  it  seems  to  me,  that  under  this  clause, 
these  awards,  become  as  much  a  part  of  the  debt  of  the  Territory,  as  any 
other  of  our  indebtedness;  and  I  believe  that  the  general  feeling  upon  this 
question  in  this  Convention  is.  that  we  should  not  do  anything  that  could 
be  taken,  in  any  way,  as  an  endorsement  of  the  validity  of  these  claims. 
From  the  close  manner  in  wiiich  these  claims  have  been  watched  it  seems 
to  me  unnecessary  that  the  matter  should  be  well  guarded.  I  understand 
that  these  claimants  are  only  asking  of  us  that  their  matter  should  be  sent 
up  to  Congress.  Then  it  behooves  to  inquire  wiiat  will  be  the  consequence 
in  case  they  are  not  accepted  and  paid  by  Congress.  Do  they  or  not  be- 
come a  debt  of  the  Territory? 

jMr.  Griffith.  Mr.  President,  it  seems  to  me  to  be  our  policy  neither  to 
endorse  or  repudiate,  but  leave  the  matter  entirely  in  the  hands  of  the 
Legislature.  If  we  remain  silent,  it  will  be  competent  hereafter  for  the 
Legislature  to  make  any  necessary  provision  in  the  case.  .\nd  if  Congress 
should  not  pay — but  I  believe  that  Congress  will  pay  all  fair  and  honest 
claims — it  might  be  wrong  to  blame  a  constitutional  provision  prohibiting 
the  Legislature  from  assuming  them.  I  think  there  should  be  no  such  i)ro- 
vision.  I  think  it  better  for  the  Constitution  to  be  silent  in  this  matter, 
and  leave  it  entirely  in  the  hands  of  the  Legislature. 

On  motion  by  Mr.  J.  Blood,  the  section  was  laid  on  the  table. 

Mr.  BuRRis.  Mr.  President,  I  move  the  adoption  of  the  article  as  a 
whole. 

registry  law. 

Mr.  Houston.  Mr.  President,  I  see  this  provision  in  the  11th  section: 
"If  a  majority  of  all  the  votes  cast  for  and  against  the  Constitution  shall 
be  in  favor  of  the  Constitution,  then  there  shall  be  an  election  held  in  the 
several  voting  precincts  of  this  Territory  on  the  first  Tuesday  in  Decem- 
ber, a.d.  1S59,  for  the  election  of  all  State,  District  and  County  oflficers 
provided  for  in  this  Constitution,  and  for  a  member  of  Congress."  And  in 
the  9th  section  there  is  the  same  difficulty  which  might  be  brought  up.  I 
wish  to  inquire  what  will  be  the  position  of  those  who  are  not  registered? 


Tuesday,  July  26,  1859.  495 

Whether  it  will  not  have  the  effect  of  excluding  from  the  polls  the  people 
of  the  outside  counties,  where  the  registry  law  [hasj  not  been  observed. 
As  I  understand  that  law,  the  15th  day  of  August  is  the  time  for  the 
officers  to  close  up  the  lists;  and  that  being  the  case,  there  will  be  a  great 
many  in  Kansas  who  will  not  have  the  privilege  of  voting  at  these  elections. 

Mr.  McDowell.  Mr.  President,  before  the  final  motion  is  put,  I  de- 
sire to  make  a  motion.  In  the  12th  section  of  the  second  report  are  these 
words:  "and  who  shall  have  been  duly  registered  according  to  the  pro- 
visions of  the  registry  law  of  this  Territory,  and  none  others."  I  desire  to 
move  to  strike  out  these  words. 

The  President.  The  gentleman  will  have  first  to  move  a  reconsidera- 
tion of  the  article. 

Mr.  McDowell.  If  the  Chair  please,  we  have  not  yet  passed  the  article 
in  the  Convention. 

The  President.    The  Chair  stands  corrected. 

Mr.  McDowell.    I  demand  the  j-eas  and  nays  on  this. 

Mr.  BuRRis.  Mr.  President,  I  would  Uke  for  the  gentleman  to  state  his 
reasons  for  the  motion.  If  there  are  any  good  reasons  for  striking  out  the 
clause,  we  would  like  to  hear  them. 

Mr.  McDowell.  Unfortunately,  sir,  good  reasons  do  not  come  from 
this  side  of  the  House! 

Mr.  Parks.  Mr.  President,  the  reason  why  I  shall  vote  for  striking  out 
[*374]  is,  I  know  there  *are  many  in  my  county  who  have  not  complied 
\vith  the  registry  provision. 

Mr.  J.  Blood.  Mr.  President,  I  desire  to  offer  an  amendment  to  change 
the  9th  section,  so  that  the  election  for  the  ratification  of  the  Constitution 
shall  be  held  on  the  second  Tuesday  in  November — the  time  of  the  elec- 
tion of  delegate  to  Congress,  instead  of  the  second  Tuesday  in  October.  It 
will  be  necessary,  in  all  parts  of  the  Territory,  for  the  people  to  come  out 
to  the  election  of  a  delegate  to  Congress.  Before  the  final  adoption  of  the 
article,  I  wish  to  propose  this  change,  for  the  purpose  of  getting  out  a  full 
vote  upon  the  Constitution.  I  think  there  should  be  no  difficulty  about 
the  registry  law.  All  the  voters  in  the  Territory  should  be  registered  and 
vote  upon  this  Constitution,  and  this  will  swell  the  poll.  For  many  will  be 
registered  in  time  to  vote  for  delegate,  who  might  not  register  for  a  vote  on 
the  Constitution  alone. 

Mr.  Blunt.  Before  voting  on  this  proposition,  I  would  like  to  under- 
stand one  thing,  and  that  is,  whether  the  provision  of  the  law  as  to  the 
time  of  registry  has  been  construed  to  extend  up  to  within  ten  days  before 
the  election? 

Mr.  J.  Blood.  I  have  been  so  informed.  I  think  there  is  no  doubt  of  it 
at  all. 

The  vote  was  now  taken  on  Mr.  McDowell's  amendment,  resulting — 
yeas  10,  nays  27 — as  follows: 

Yeas — Messrs.  Barton,  Forman,  Hubbard,  Moore,  McDowell,  McCune, 
Palmer,  Parks,  Slough,  Stiarwalt — 10. 

Nays — ^'essrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Dutton,  Graham,  Greer,  Griffith,  Hanway,  Houston,  Ingalls, 
Lillie.  Limb,  ^'iddleton,  McCulloush,  Preston,  Porter,  Ritchie,  Ross,  Sig- 
ner, Stokes,  Simpson,  Townsend,  Williams — 27. 

So  the  Convention  refused  to  strike  out  the  clause. 


496  Convention  Proceedings  and  Debates. 

Mr.  J.  Blood.  I  now  move  to  amend  the  9th  section,  by  striking  out 
"October"  in  the  third  hne,  and  inserting  "November"  in  its  place.  It 
will  sa\'e  the  expense  of  an  election. 

Mr.  BuRRis.  Mr.  President,  there  are  one  or  two  objections  presenting 
themselves  to  this  amendment.  The  first  Tuesday  in  October  is  the  day 
fixed  upon  in  the  Territorial  law  for  the  vote  on  the  ratification  of  tliis 
Constitution;  and  then  the  first  Tuesday  in  November  is  fixed  upon  in  th  s 
Constitution  as  the  day  for  the  general  State  election.  Again,  the  21st  sec- 
tion of  tliis  article  provides  that  the  proclamation  of  the  board  of  general 
canvassers  for  the  first  State  election  under  this  Constitution,  shall  be  made 
not  less  than  twenty  days  previous  to  such  election,  and  that  election  is 
fixed  for  the  first  Tuesday  in  December;  and  if  the  election  for  the 
adoption  or  rejection  of  the  Constitution  be  changed  from  October  to 
November  the  returns  will  not  be  in  in  time  for  the  proclamation. 
The  people  would  not  know,  until  a  very  few  days  before  the  first  Tues- 
day in  December,  whether  the  Constitution  was  adopted  or  not.  It  seems 
to  me  it  would  not  be  safe  to  make  such  a  risk.  But  the  gentleman  says, 
it  would  save  expense  and  bring  out  more  voters.  There  is  no  question 
about  that.  But  it  would  be  complicating  matters — mixing  a  State  elec- 
tion with  a  Constitutional  election.  The  ISovember  election  is  large  enough 
now.  And  I  would  a  little  rather  see  the  Constitution  voted  for  discon- 
nected from  any  other  consideration.  Let  it  come  before  the  people  on 
its  own  merits  alone.  I  would,  therefore,  prefer  the  day  fixed  in  the 
article. 

Mr.  J.  Blood.  Mr.  President,  I  think  the  objection  raised  by  the  gentle- 
man from  Johnson  (Mr.  Burris)  that  the  elect  on  for  State  officers  would 
come  in  so  short  a  time  after  the  submission  that  there  would  not  be  time 
for  the  proclamation,  could  be  easily  avoded  by  fixing  the  time  for  the 
first  election  of  State  officers  at  a  later  day — say  the  second  Tuesday  in 
December.  The  gentleman  from  Johnson  is  desirous  that  the  Constitution 
should  be  voted  upon  by  the  people — that  they  should  express  their  ap- 
proval or  disapproval,  distinct  from  other  questions.  But  I  fear,  if  this 
[*375]  Constitution  is  submitted  so  short  a  time  be*fore  an  important 
election,  and  at  so  busy  a  season  of  the  year,  when  the  farmers  will  be 
engaged  in  harvesting — that  it  will  be  very  difficult  if  not  impossible,  in 
many  districts,  to  hold  the  election.  Perhaps  but  very  few  would  come 
out  to  vote  simply  for  or  against  the  Constitution.  Perhaps  a  majority  of 
the  voters  would  stay  away  that  day.  There  would  be  noth'ng  of  suffi- 
cient interest  to  bring  out  as  large  a  vote  as  it  seems  to  me  desirable  that 
there  should  be  had  upon  a  State  Constitution  before  it  goes  up  to  Congress. 
A  full  expression  of  the  people  is  desirable,  and  I  think  such  an  expression 
cannot  be  had  in  October,  but  it  can  be  had  in  November.  Consequently, 
I  move  to  strike  out  the  first  Tuesday  in  October,  and  insert  the  first  Tues- 
day in  November,  1859. 

The  amendment  was  agreed  to — affirmative  21,  negative  10. 

Mr.  MrDowELL.  In  the  15th  section  it  is  provided  that  the  polls  shall 
be  opened  between  nine  and  ten  a.  m.  and  closed  at  sunset.  I  would  say — 
open  at  9  a.  m.  and  close  at  6  p.  m.,  and  make  that  motion. 

Mr.  BfRRis.  I  think  that  would  be  preferable.  The  days  are  growing 
shorter.  Six  o'clock  in  December  would  be  late.  Five  o'clock  would  not  be 
late  enough,  perhaps,  to  close  the  polls  at  the  first  State  election. 

l\^r.  Griffith.  As  the  section  now  stands,  the  election  on  the  Constitu- 
tion and  the  election  for  State  officers  will  be  only  two  weeks  apart. 


Tuesday,  July  26,  1859.  497 

Mr.  Houston.  •Mr.  President,  I  think  it  better  to  leave  it  as  it  is.  My 
reason  is  this:  If  you  say  nine  o'clock  and  sLx  o'clock,  you  open  up  oppor- 
tunities for  quibbling  and  contests  in  elections,  on  account  of  irregular 
opening  or  closing — a  httle  too  soon  or  a  little  too  late.  But  the  section 
now  would  give  the  judge  an  opportunity  to  open  somewhere  between  nine 
and  ten  o'clock.  You  cannot  hold  him  to  the  exact  time.  It  would  suit 
better  in  the  rural  districts..  And  there  is  no  man,  woman  or  child  but 
knows  about  the  time  when  the  sun  goes  down. 

Mr.  McDowell's  amendment  was  rejected. 

Mr.  Ritchie.  Mr.  President,  in  the  twenty-second  section  I  move  to 
strike  out  the  words,  "Delegate  to  Congress,"  and  insert  in  lieu  thereof, 
"Robert  Graham." 

The  amendment  was  rejected. 

Mr.  Griffith.  Mr.  President,  in  the  eleventh  section,  I  move  to  strike 
out  "December"  and  insert  "January." 

Mr  Blunt.  Have  we  not  fLxed  January  for  the  time  of  the  meeting 
of  the  Legislature? 

Mr.  Griffith.  If  that  be  the  case,  then  we  shall  have  to' go  back  and 
undo  our  work,  because  it  will  be  impossible  to  hold  the  two  elections 
within  three  weeks  of  each  other.  They  cannot  know  the  result  in  that 
time,  in  the  frontier  roimties.  T  would  then  strike  out  the  first  Tuesday, 
and  insert  the  third  Tuesday  in  December. 

Mr.  J.  Blood.  Mr.  President,  I  can  see  no  difficulty  about  holding 
these  elections  within  three  weeks  of  each  other.  I  see  no  difficulty  about 
the  returns,  as  far  as  that  is  concerned.  True,  if  the  Constitution  should 
be  rejected,  there  would  be  no  neces.^ity  for  a  second  election.  It  was  pro- 
posed in  the  committee  on  the  Schedule,  that  the  State  officers  and  mem- 
bers of  the  Legislature  should  be  elected,  at  the  same  time — on  the  same 
day  as  the  submission  of  the  Constitution — so  as  to  avoid  two  elections. 
I  would  be  in  favor  of  that  plan.  But  I  see  no  necessity  for  putting  off 
the  election  of  State  officers  on  account  of  waiting  for  the  returns  of  the 
vote  on  the  Constitution. 

Mr.  Blunt.  l\Ir.  President,  I  think  there  is  reason  for  adopting  this 
motion,  or  for  reconsidering  the  vote  changing  the  time  of  the  ratification. 
Neither  party  will  want  to  make  their  nominations  till  thev  know  the  re- 
sult of  the  election  on  the  Constitution.  .A.nd  the  probability  is,  that  it 
[*376]  will  require  a  week  to  obtain  *that  knowledge.  And  then,  an- 
other week  to  call  a  convention,  would  leave  no  time  for  the  canvass. 

Mr.  Griffith.  I  should  have  had  no  objection  to  a  proposition  to  sub- 
mit the  Constitution  and  vote  for  State  officers  on  the  same  day.  But  as 
it  is,  it  will  be  impossible  to  receive  the  returns  and  issue  the  proclama- 
tion. We  must  have  more  time  than  three  weeks  intervening  between  the 
two  elections.  If  the  gentleman  (Mr.  J.  B!ood)  will  brins  forward  his 
proposition  to  vote  for  State  officers  at  the  time  of  the  submission  of  the 
Constitution,  I  will  support  it,  and  withdraw  my  amendment.  If  not,  I 
shall  have  to  insist  upon  it. 

]\^r.  Griffith's  amendment  was  adopted — affirmative  26,  negative  6. 

Mr.  Slough  demanded  the  yeas  and  nays  upon  the  adoption  of  the 
Article  as  a  whole,  and  the  same  being  ordered  and  taken  resulted — yeas 
24,  nays  18 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Burris,  J.  Blood,  N.  C.  Blood,  Crocker, 

32 — 778 


498  Convention  Proceedings  and  Debates. 

Dutton,  Graham,  Griffith,  Hanway,  Hoffman,  Houston,  Ingalls,  Kingman, 
LilUe,  Lamb,  Middleton,  McCulIough,  Preston,  Pahner,  Stokes,  Simpson, 
Townsend,  Williams — 24. 

Nays — Messrs.  Blunt,  Barton,  Foster,  Forman,  Greer,  Hubbard,  Moore, 
McDowell,  McCune,  McClelland,  Parks,  Porter,  Ritchie,  Ross,  Signor, 
Slough,  Stinson,  Stiarwalt — 18. 

So  the  Article  as  amended,  was  adopted,  passed  and  referred  for  ar- 
rangement and  enrollment. 

BOOK   account   of   THE    SERGEANT-AT-ARMS. 

On  motion  by  Mr.  McClelland,  the  report  of  the  committee  on  Ac- 
counts, recommending  the  allowance  of  the  bill  of  the  sergeant-at-arms, 
for  stationery,  &c.,  arhounting  to  one  thousand  and  twenty-seven  dollars 
and  twenty-five  cents,  was  taken  up,  and  the  reading  dispensed  with. 

The  committee's  recommendation,  that  the  allowance  of  the  above  ac- 
count be  made  equal  to  cash,  was  read  by  the  Secretary. 

Mr.  McClelland.  According  to  the  statement  of  Mr.  Warren,  the 
Sergeant-at-arms — this  is  a  cash  account — and  it  being  proposed  by  the 
Convention  to  pay  in  scrip,  worth  only  fifty  cents — Mr.  Warren  says  he 
is  wilUng  to  take  scrip  at  fifty  cents,  although  he  has  sold  it  at  forty  cents 
in  Leavenworth  recently.    1  move  that  the  amount  be  doubled. 

The  President.  The  Chair  understands  that  Mr.  W\arren  has  paid  this 
in  cash? 

Mr.  McClelland.  He  has  either  paid  for  it  in  cash,  or  is  responsible 
for  it  in  cash  in  a  few  days. 

The  motion  was  agreed  to,  and  the  allowance  made  accordingly. 

On  motion  by  Mr.  Stinson,  it  was — 

"Ordered,  That  the  scrip  or  certificates  of  account  of  those  having  ac- 
counts against  the  Convention,  be  signed  by  the  President  of  the  Conven- 
tion and  the  Sergeant-at-Arms." 

After  some  conversation  between  Mr.  Ingalls.  Mr.  Slough  and  others, 
with  reference  to  the  report  of  the  second  special  committee,  to  investigate 
the  allegation  of  perjury  against  Mr.  Hutchinson,  which  was  required  to 
report  this  afternoon — 

On  motion  by  Mr.  Ingalls,  said  committee  was  allowed  further  time 
to  report. 

Mr.  Blunt.  I  move  that  the  Convention  adjourn  till  to-morrow  morn- 
ing at  9  o'clock,  instead  of  8  o'clock. 

The  motion  was  agreed  to;  and  accordingly — 

The  Convention  adjourned  till  to-morrow  morning  at  9  o'clock. 


Wednesday,  July  27,  1859. 
The  Convention  met  at  9  o'clock,  a.  m. 
Prayer  by  the  Chaplain. 

The  absentees  on  the  roll  call  were  Messrs.  Brown,  Barton,  Forman, 
Hoffman,  Kingman,  May,  Perry,  Thacher,  J.  Wright,  and  T.  S.  Wright. 
The  journal  of  yesterday  was  read  and  authenticated. 

Mr.  Ingalls.    Mr.  President,  as  there  is  considerable  unfinished  busi- 
ness before  the  Committee  on  Phraseology  and  Arrangement,  and  as  there 


Wednesday,  July  27,  1859.  499 

[*377]     is  another  large  committee  now  in  session  *I  move  that  the  Con- 
vention take  a  recess  till  10  o'clock. 

The  motion  was  agreed  to,  and  accordingly  the  Convention  took  a 
recess. 

RAILROAD   AND    SWAMP   LANDS. 

The  President  resumed  the  Chair  at  10  o'clock. 

Mr.  J.  Blood.  Mr.  President,  I  move  to  recall  the  article  on  Ordinance, 
for  the  purpose  of  amendment. 

The  motion  was  agreed  to  and  the  article  was  taken  up. 

Mr.  J.  Blood.    I  move  to  reconsider  the  vote  adopting  this  article. 

The  vote  was  reconsidered,  and  the  question  recurred  again  on  its 
adoption. 

Mr.  J.  Blood.  ]\Ir.  President,  I  move  now  to  strike  out  the  3d  section 
of  this  article — it  relates  to  the  swamp  land  appropriation;  and  also  to 
strike  out  the  10th  section — relating  to  grants  of  land  for  railroads.  I 
make  this  motion  with  the  view  of  submitting  another  report  from  the 
Ordinance  committee,  including  these  lands  in  the  form  of  resolutions — to 
be  made  a  part  of  the  Constitution,  but  not  a  condition  of  the  admission  of 
the  State — as  it  now  stands. 

Sections  3  and  10  are  as  follows: 

"Sec.  3.  That  all  swamp  lands  in  said  State  shall  be  set  apart  and 
granted  to  said  State  for  the  use  exclusively  of  common  schools. 

Sec.  10.  That  two  hundred  entire  townships  four  million  six  hundred 
and  eight  thousand  square  miles  of  land  in  said  State  shall  be  granted  and 
set  apart  by  the  government  of  the  United  States  to  said  State,  for  the  pur- 
pose of  aiding  in  the  construction  of  railroads,  and  other  internal  improve- 
ments." 

These  sections  were  severally  stricken  out,  and  the  article,  as  amended, 
was  again  passed  and  referred  for  enrollment. 

Mr.  J.  Blood  from  the  Committee  on  Ordinance,  submitted  the  follow- 
ing report: 

MEMORIAL. 

"Resolved,  That  the  Congress  of  the  United  States  be  and  is  hereby  re- 
quested, upon  the  application  of  Kansas  for  admission  into  the  Union,  to 
pass  an  act  granting  to  the  State  forty-five  thousand  acres  of  land  to  aid 
in  the  construction  of  railroads  and  other  internal  improvements  in  the 
State 

Resolved,  That  Congress  be  further  requested  to  pass  an  act  appro- 
priating fifty  thousand  acres  of  land  for  the  improvement  of  [the]  Kansas 
river  from  its  mouth  to  Fort  Riley. 

Resolved,  That  the  Consress  of  the  United  States  be  and  is  hereby  re- 
quested, upon  the  application  of  Kansas  for  admission  into  the  Union,  to 
pass  an  act  granting  to  the  State  all  of  the  swamp  land  within  the  State 
for  the  benefit  of  common  schools. 

Resolved,  That  the  Congress  of  the  United  States  be  and  is  hereby  re- 
quested, upon  the  application  of  Kansas  for  admission  into  the  Union,  to 
pass  an  act  appropriating  five  hundred  thousand  dollars,  or  in  lieu  thereof 
five  hundred  thousand  acres  of  land,  for  the  payment  of  the  claims 
awarded  to  the  citizens  of  Kansas  by  the  Claim  Commissioners  apno'nted 
by  the  Governor  and  Legislature  of  Kansas  under  an  act  of  the  Legislature 
passed  7th  February,  1S59. 

Resolved,  That  the  Legislature  of  this  State  shall  make  provision  by  law 


500  Convention  Proceedings  and  Debates. 

for  the  sale  or  disposal  of  the  lands  granted  to  the  State  in  aid  of  internal 
improvements  and  for  other  purposes  subject  to  the  same  rights  of  pre- 
emption to  the  settlers  thereon  as  are  now  allowed  by  law  to  settlers  on 
the  public  lands. 

Resolved,  That  the  foregoing  resolutions  be  appended  to  and  signed  with 
the  Constitution  of  Kansas,  and  submitted  therewith  to  the  people  of  Kan- 
sas, and  to  the  Congress  of  the  United  States." 

On  motion  it  was  ordered  to  be  now  considered  by  sections. 

The  first  resolution  was  read  and  passed. 

The  second  resolution  being  read — 

Mr.  AcDowell  submitted  the  following,  to  come  in  at  the  close  (which 
he  subsequently  withdrew) : 

[*378]  *"Resolved,  That  Congress  be  further  requested  to  pass  an  act 
appropriating  all  of  the  lands  of  the  United  States  that  we  have  not  already 
begged  for,  to  be  applied  by  seven  men  to  be  designated  by  the  President 
of  the  United  States,  to  the  permanent  improvement  of  the  Kaw  river  so 
that  turtles  of  a  medium  size,  may  be  enabled  to  make,  without  serious  in- 
terruption, their  respective  peregrinations  therein,  and  that  catfish  weigh- 
ing less  than  fifty  pounds  may  navigate  the  same  without  serious  detri- 
ment to  their  personal  comfort  and  safety." 

The  second  resolution  was  then  passed. 

The  several  resolutions  having  been  read  and  passed — 

NEW    ENGLAND   EMIGRANT   AID    COMPANY. 

Mr.  J.  Blood,  ^^r.  President,  1  wish  to  offer  another  resolution,  in  be- 
half of  the  committee,  which  they  considered  and  adopted  after  the  report 
went  to  the  printer: 

Resolved,  That  Congress  be  further  requested  to  appropriate  the  sum  of 
tweniy-four  thousand  eight  hundred  and  thirty-seven  dollars  and  fifty- 
three  cents  for  the  payment  of  the  claim  of  the  New  England  Emigrant  Aid 
Company  for  damages  sustained  in  the  lawless  destruction  of  the  Free 
State  Hotel  at  Lawrence  on  the  21st  of  May,  1856. 

Mr.  MrDowELL.  I  move  to  lay  the  resolution  on  the  table,  and  demand 
the  yeas  and  nays. 

The  yeas  and  nays  being  ordered  and  taken,  resulted — yeas  18,  nays  20 
— as  follows: 

Yi  AS — Messrs.  Barton,  Burris,  Foster,  Greer,  Hippie,  Hubbard,  Middle- 
ton,  Moore,  McDowell,  McClelland,  Parks,  Porter,  Ross,  Signor,  Stinson. 
Stiarwalt,  Stokes,  Wrigley— 18. 

Nays — Messrs.  Arthur,  Burnett,  Blunt,  J.  Blood,  N.  C.  Blood,  Crocker, 
Dutton,  Griffith,  Hanway,  Hoffman,  Ingalls,  Lillie,  Lamb,  McCullough, 
Preston.  Palmer,  Ritchie,  Simpson,  Townsend,  Williams — 20. 

So  the  Convention  refused  to  lay  it  on  the  table,  and  the  question  re- 
curred on  the  adoption  of  the  resolution. 

i\  T.  Stinson.  Mr.  President,  1  hope  this  resolution  may  not  pass.  I 
shall  vote  against  it,  first,  because  I  have  no  knowledge  whatever  of  the 
fact  recited.  Ido  not  know  that  the  New  England  Emigrant  Aid  Society 
lost  a  dollar.  No  investigation  has  been  held — no  testimony  has  been 
taken — upon  which  any  action  of  the  Convention  should  be  based.  It  is 
absurd  for  the  gentleman  to  come  in  here  and  propose  that  the  Conven- 
tion ask  the  Congress  of  the  United  States  to  give  $24,000  for  a  matter 
that  we  know  nothing  about.  And  then  aiain,  I  shall  vote  against  it, 
because  it  will  invalidate  the  requests  we  make  in  other  matters. 


Wednesday,  July  27,  1859.  501 

Mr.  J.  Blood.  The  gentleman  is  mistaken.  I  suppose  the  gentleman 
is  aware,  that  evidence  in  regard  to  this  case  has  been  submitted  to  the 
Convention  and  referred  to  the  committee.  I  suppose  it  is  well  known 
that  the  Emigrant  Aid  Company  sustained  a  great  loss;  and  the  fact  here 
is  sustained  on  the  authority  of  the  testimony  of  a  government  officer.  I 
i^nd  up  the  papers  which  have  been  referred  to  the  Committee  on  Ordi- 
nance. 

(The  Secretary  read  the  Company's  petition,   and  the  testimony  of 
Samuel  C.  Pomeroy,  in  regard  to  the  cost  of  their  Free  State  Hotel  de- 
stroyed in  Lawrence,  May  21,  1856,  as  follows) : 
"To  the  Honorables,  the  Kansas  Const 'tutional  Convention  at  Wyandotte: 

The  petition  of  the  New  England  Emigrant  Aid  Company  respectfully 
represents: 

That  the  said  Company  caused  to  be  built  at  an  early  period,  in  the 
settlement  of  the  town  of  Lawrence,  Territory  of  Kansas,  a  large  stone 
building,  known  as  the  Free  State  Hotel,  at  an  expense  of  $20,000;  that 
during  the  recent  political  difficulties  in  the  Territory,  viz:  On  the  26th 
of  May,  1856,  the  said  hotel  building,  with  all  its  contents,  were  entirely 
destroyed  by  an  armed  mob;  that  at  the  last  session  of  the  Legislative 
.Assembly  of  the  Territory  an  act  was  passed,  looking  to  an  indemnifica- 
tion of  those  who  sustained  losses  in  the  aforesaid  political  troubles,  but 
its  provisions  being  expressly  confined  to  "citizens"  of  the  Territory,  your 
memorialists  were  excluded  from  any  benefit  of  said  act.  The  object  of 
[*379]  this  petition  is,  there*fore,  to  ask  of  your  honorable  body  that 
whatever  action  may  be  taken  by  you  in  behalf  of  the  other  sufferers  in 
the  late  troubles  in  Kansas,  shall  be  extended  to  embrace  also  the  New 
England  Emigrant  Company. 

The  accompanying  vouchers  are  subscribed. 

Very  respectfully, 

M.  F.  Conway, 
Gen'l  Ag't  N.  E.  Emigrant  Aid  Com." 

"hotel    account    at    LAWRENCE,    K.   T.,    UP   TO    MAY    21ST,    1858. 

Amount  of  cash  paid  for  materials  and  lalior  for 
which  I  kept  an  accurate  account,  and  paid  for  the 
same,  as  per  mv  book  account  kept  at-  the  time,  see 
page  111  of  the  Ledger, §20,377.53 

Furniture  bought  at  Boston  by  J.  M.  S.  Wil- 
liams and  sent  to  Lawrence  for  Hotel, 960.00 

$21,337.53 
Additional  freight  on  furniture,  paid  agents  for 

superintendence,    500 .  00 

Three  years  rent,  at  $1,000  per  year, 3,000.00 

$24,837.53 

Samuel  C.  Pomeroy  of  Atchison,  K.  T.,  being  personally  to  me  well 
known,  appeared  this  9th  day  of  March,  a.  d.  1859,  and  made  oath  that 
The  above  account,  as  rendered,  is  correct,  as  shown  by  his  books  and 
vouchers  kept  at  the  time  of  building  the  Hotel  in  Lawrence,  K.  T. 

S.  C.  Pomeroy. 

Sworn  and  subscribed  before  me,  Geo.  H.  Fairchild,  Notary  Public  for 
Atchison  County,  K.  T.  G.  H.  F.\irchild,  Notary." 


502  Convention  Proceedings  and  Debates. 

Mr.  McDowell.  Is  not  that  the  same  hotel  for  the  destruction  of 
which  Mr.  Eldridge  has  claimed  damages,  and  had  heavy  damages  awarded 
by  the  Claim  Commissioners? 

Mr.  J.  Blood.  I  understand  not.  I  am  so  informed  by  one  of  the  com- 
missioners. The  commissioners  were  not  at  liberty  to  allow  this  claim,  be- 
cause the  company  were  not  residents  of  the  Territory.  I  am  not  aware 
that  Mr.  Eldridge  has  been  allowed  anything  for  the  destruction  of  that 
hotel,  or  any  hotel.  I  am  under  the  impression  that  no  such  claim  has 
been  allowed. 

Mr.  Stinson.  Mr.  President,  I  would  like  to  enquire  if  that  which 
was  read  is  all  the  testimony? 

Mr.  J.  Blood.    That  is  all. 

Mr.  Stinson.  Then  I  think  my  statement  was  correct — that  there 
was  no  testimony. 

Mr.  Houston.  Mr.  President,  it  seems  to  me  that  we  ought  to  be  a 
little  careful  in  disposing  of  this  claim.  The  gentleman  from  Leaven- 
worth (Mr.  Stinson)  says  it  will  prejudice  other  claims.  I  am  of  the 
same  opinion,  but  I  make  a  different  application  of  it.  If  this  Convention 
decide  that  the  people  of  Kansas  ignore  this  claim,  and  resolve  that  it 
should  not  be  paid — if  we  take  that  position,  Congress  will  say  at  once, 
why  pay  those  other  claims  standing  on  precisely  the  same  footing — the 
only  difference  being,  that  these  claimants  are  not  residents  of  the  Terri- 
tory. If  we  ignore  this  claim  here,  which  we  acknowledge  to  be  just,  and 
resolve  that  we  will  not  ask  Congress  to  pay  it,  it  will  prejudice  all  these 
claims  before  Congress.  I  understand  that  this  hotel  belonged  to  the  Emi- 
grant Aid  Company,  and  to  nobody  else;  and  that  Mr.  Eldridge  did  not 
get  an  award  for  it.  I  cannot  believe  that  the  commissioners  have  gone  so 
far  astray.  Sir,  there  is  no  reason  why  the  Emigrant  Aid  company  should 
be  excluded  in  this  way.  I  do  hope  that  we  will  place  their  claim  on  the 
same  footing  with  the  others,  and  let  the  General  Government  discrimi- 
nate if  they  will.  Let  us  take  a  noble,  just  position  in  regard  to  these 
claimants. 

Mr.  BuRRis.  When  this  matter  first  came  up,  I  knew  nothing  of  the 
facts,  and  voted  to  lay  it  on  the  table.  And  the  more  I  hear  of  it,  the  more 
I  am  convinced  that  I  was  correct  in  giving  that  vote.  I  think  it  may  be 
very  justly  pleaded,  that  the  New  England  Emigrant  Aid  Society  is  in 
New  England — that  the  members  of  that  company  are  not  citizens  of 
Kansas.  That,  alone,  to  my  mind,  is  a  sufficient  reason  why  we  have  no 
[*380]  right  to  entertain  this  matter.  We  have  no  right  to  ask  *Congress 
to  pay  a  debt  for  citizens  of  Massachusetts  or  of  any  other  State.  In  our 
memorial  we  are  looking  after  the  interests  of  the  people  of  Kansas,  and 
for  no  other  people.  I  have  no  doubt  this  is  a  just  claim,  but  it  cannot  be 
considered  as  a  debt  of  this  Territory.  It  has  been  stated  by  gentlemen  on 
both  sides,  that  our  action  upon  this  will  prejudice  other  claims  which  the 
conamissioners  have  passed  upon;  but  I  think  it  can  make  no  difference 
what  construction  we  give — what  views  gentlemen  here  take  of  those 
awards — so  long  as  it  must  remain  true  that  this  company's  claim  cannot 
be  made  a  debt  of  the  Territory.  If  we  memorialize  Congress  for  any- 
thing, let  it  be  for  the  payment  of  the  debts  of  the  Territory — to  pay  the 
claims  of  our  own  citizens,  make  donations  for  our  own  railroads,  &c.  I 
think  it  is  asking  entirely  too  much  of  us  to  interfere  in  favor  of  citizens 
of  other  States.    I  have  no  doubt  but  that  the  General  Government  will 


Wednesday,  July  27,  1859.  503 

make  up  this  loss;  but  because  it  is  no  claim  against  Kansas,  I  am  opposed 
to  the  adoption  of  the  section. 

Mr.  Greer.  Mr.  President,  I  hope  the  resolution  of  the  gentleman  from 
Douglas  (Mr.  J.  Blood)  will  not  prevail.  It  is  well  understood,  sir,  that  the 
claim  allowed  to  Mr.  Shaler  W.  Eldridge  was  allowed  near  fifty  thousand 
dollars,  and  his  claim  has  a  clear  connection  with  the  destruction  of  this 
hotel.  And  it  seems  to  me  that  this  Convention  should  not  take  action  by 
which  to  ask  Congress  to  pay  the  Emigrant  Aid  Society  until  evidence  was 
furnished  that  the  claim  of  Eldridge  is  not  based  upon  the  same  grounds. 
It  would  be  unjust  to  ask  for  payment  for  the  destruction  of  this  hotel  to 
Mr.  Eldridge  and  also  to  the  Emigrant  Aid  Society.  This  matter  is  suffi- 
ciently doubtful  to  me  to  oppose  the  adoption  of  this  resolution.  And 
there  is  another  reason  which  goes  still  further  with  me  in  the  same  direc- 
tion: the  gentleman  from  Douglas  says  that  the  Emigrant  Aid  company  is 
a  non-resident  of  the  Territory,  and  that  it  was  the  owner  of  the  de- 
stroyed property,  which  destruction  was  brought  about  by  the  act  of  the 
General  Government.  Then,  I  apprehend,  sir,  that  it  is  clear  that  we  can 
have  nothing  to  do  with  this  question ;  that  it  is  the  claim  of  a  non-resident 
against  parties  outside  of  this  State,  for  property  destroyed  by  the  act  of 
the  General  Government,  and  not  by  the  act  of  the  people  of  Kansas  or 
any  portion  of  them.  Besides,  sir,  there  is  a  proper  tribunal  for  the  ad- 
justment of  all  claims  of  this  character — the  Court  of  Claims  at  Washing- 
ton— that  has  full  and  competent  jurisdiction  of  the  case.  That  is  the 
place  for  them  to  go;  we  have  nothing  to  do  with  it.  I  do  not  see  the  pro- 
priety of  entering  into  a  controversy  or  interfering  in  any  way  in  this  con- 
troversy between  the  Emigrant  Aid  Society  and  the  General  Government. 
I  shall,  therefore,  vote  against  the  adoption  of  the  resolution;  and  I  will 
say  further,  that  at  the  proper  time  I  would  like  to  call  for  the  testimony 
upon  which  Mr.  Eldridge's  claim  has  been  allowed. 

Mr.  Houston.    Mr.  President,  I  would  like  to  add  another  word. 

The  President.  The  rule  gives  no  member  the  privilege  of  speaking 
twice  till  all  shall  have  been  heard  who  may  desire  to  speak.  The  rule  also 
gives  the  chairman  of  the  committee  the  right  of  closing. 

Mr.  Blunt.  Mr.  President,  I  voted  against  laying  it  on  the  table,  from 
the  fact  that  I  was  not  aware  of  its  merits  and  the  position  it  occupied; 
and  I  desired  that  some  discussion  should  be  had,  to  put  us  in  possession  of 
the  facts.  It  appears  to  me  now,  from  the  evidence  before  us,  that  these 
parties  claiming  a  place  in  our  memorial  are  living  outside  of  the  Territory, 
and  that  all  their  interests  are  beyond  our  borders ;  and  therefore  I  shall  be 
compelled  to  vote  against  the  proposition.  I  do  not  think  it  is  our  province 
to  legislate  for  the  citizens  of  Massachusetts,  or  other  parties  outside  of 
the  Territory  of  Kansas. 

[*381]  Mr.  Houston.  Mr.  President,  I  rise  to  *make  an  interrogatory 
to  the  Chair.  I  would  inquire  whether  it  would  be  proper  (as  gentlemen 
seem  to  wish  to  know  the  facts)  to  put  these  commissioners  under  oath  in 
reference  [to]  this  matter?  As  far  as  I  am  concerned,  I  do  not  see  any 
necessity  for  it — but  others  seem  desirous  of  knowing  certainly  whether 
those  items  of  loss  recited  here  in  the  petition  of  the  Aid  company  were 
included  in  Mr.  Eldridge's  account.  I  do  not  understand  that  they  are 
included,  and  I  would  not  prejudice  the  claim  of  the  company  for  want  of 
that  evidence. 

The  President.  It  is  competent  for  the  gentleman  to  take  any  course 
he  sees  fit. 


504  Convention  Proceedings  and  Debates. 

Mr.  McDowell.  Mr.  President,  I  hope  time  will  not  be  consumed  by 
that  unnecessary  formality.  It  does  seem  to  me  that  we  can  have  noth- 
ing at  all  to  do  with  this  claim.  If  the  Emigrant  Aid  Society  feel  them 
aggrieved  against  the  General  Government — if  they  feel  that  they  have 
sustained  a  loss  by  the  act  of  the  General  Government,  they  ought  to  go 
there  for  satisfaction  and  reimbursement.  We  might  just  as  well  take  a 
petition  into  our  memorial  for  people  residing  in  any  other  part  of  the 
United  States,  who  might  pretend  to  have  claims  against  the  General 
Government.  It  is  not  within  our  province  at  all.  I  see  by  the  report  of 
the  commissioners  of  claims  that  Mr.  Eldridge,  of  Lawrence,  was  awarded 
nearly  fifty  thousand  dollars  for  damages  sustained  by  him.  And  while 
the  statement  does  not  show  what  was  the  basis  of  that  claim  of  damae;es, 
it  is  well  known  that  it  grew  out  of  the  destruction  of  that  very  Free  State 
Hotel.  It  seems  to  me  on  the  face  of  it,  Mr.  President,  that  for  a  Hotel  in 
Kansas,  three  years  ago — when  the  Territory  was  but  two  years  old — that 
forty-nine  thousand  dollars,  even,  is  a  large  amount  to  claim  in  damages 
for  its  destruction,  furniture  included.  I  understand  that  the  Convention 
has  indicated  a  purpose  to  memorialize  Congress  upon  the  subject  of  these 
claims  awarded  by  the  commissioners,  for  money  or  land  for  their  liquida- 
tion, and  I  think  that  is  sufficient  and  far  enou-rh  for  us  to  go.  I  am 
opposed  to  this  resolution,  and  hope  the  Convention  wiU  vote  it  down, 
without  consuming  further  time. 

Mr.  Houston  submitted  the  following: 

''Resolved,  That  Judge  Mf^Clay  be  allowed  to  state  whether  the  Eldridge 
claim  includes  the  hotel  of  the  New  England  Emigrant  Aid  Company." 
Mr.  Greer  submitted  the  following: 

"Resolved,  That  the  Secretary  "of  the  Territory  be  requested  to  furnish 
the  Convention  with  the  testimony  on  which  the  claun  of  Shaler  W. 
Eldridge  is  based." 

The  President.    It  is  not  in  order. 

Mr.  Griffith.  Mr.  President,  while  I  see  no  good  reason  why  the  Emi- 
grant Aid  Society  should  not  be  paid  for  this  loss,  I  think  I  can  see  a 
good  reason  why  the  Convention  should  not  proceed  in  this  case.  I  think  it 
would  be  travelling  outside  of  our  legitimate  scope  of  business. 

Mr.  Ingalls.  Mr.  President,  I  move  that  the  section  be  referred  to  the 
committee  on  Skullduggery,  with  instructions  to  inquire  into  the  facts  of  the 
case,  and  report  at  their  earliest  convenience. 

The  President.  The  gentleman  is  informed,  that  the  committee  on 
Skullduggery  has  been  discharged. 

Mr.  Houston  submitted  the  following  modification  of  his  order: 
"Resolved,  That  Messrs.  M^Clay  and  Adams  be  allowed  to  make  state- 
ments in  reference  to  the  Eldridge  claim." 

Mr.  Stinson.  Mr.  President,  I  move  to  amend,  by  adding:  "that  the 
said  statements  be  made  in  the  street." 

The  President.  The  gentleman  from  Riley  will  perceive  that  the 
language  of  his  resolution  is  indefinite. 

Mr.  Griffith.  If  I  understand  the  question  the  Eldridge  claim  is  not 
now  before  the  Convention. 

r*382]  *The  President.  It  is  not.  But  it  is  competent  for  the  Conven- 
tion to  call  for  evidence  as  to  whether  this  claim  of  the  Emigrant  Aid 
Society  has  been  allowed  or  not. 

Mr.  Houston  proposed  a  further  modification  of  his  order;  but — 


Wednesday,  July  27,  1859.  505 

On  motion  by  Mr.  McDowell,  it  was  laid  on  the  table,  and  the  ques- 
tion recurred  on  the  original  section  of  the  committee. 

Mr.  McDowell  demanded  the  yeas  and  nays,  which  being  ordered  and 
taken  resulted — yeas  9,  nays  32 —  as  follows: 

Yeas— INJessrs.  J.  Blood,  N.  C.  Blood,  Hanway,  Houston,  Preston, 
Palmer,  Simpson,  Townsend,  WiUiams — 9. 

Nays — Messrs.  Burnett,  Blunt,  Burris,  Barton,  Crocker,  Dutton,  Fos- 
ter, Graham,  Griffith,  Greer,  Hippie,  Hubbard,  Hoffman,  Ingalls,  LiUie, 
Lamb,  Middleton,  Moore,  McDowell,  McCune,  McClelland,  McCulIough, 
Parks,  Porter,  Ritchie,  Ross,  Signor,  Slough,  Stiarwalt,  Stinson,  Stokes, 
Wrigley— 32. 

So  the  resolution  was  rejected. 

]\'r.  Ross.  Mr.  President,  I  move  to  amend  the  report  of  the  com- 
mittee by  striking  out  the  last  resolution. 

It  is  as  follows: 

"Resolved,  That  the  foregoing  resolution  be  appended  to  and  signed  with 
the  Constitution  of  Kansas,  and  submitted  therewith  to  the  people  of 
Kansas,  and  to  the  Congress  of  the  United  States." 

The  motion  was  agreed  to,  and  the  resolution  was  stricken  out  accord- 
ingly— affirmative  17,  negative  6. 

And  so  the  Memorial  was  passed  and  referred  for  enrollment. 

JtTDICIARY. 

Mr.  Ingalls,  from  the  committee  on  Phraseology'  and  Arrangement, 
submitted  the  following: 

"The  committee  on  Phraseology  and  Arrangement  having  had  under 
consideration  the  Article  entitled  Judiciary,  respectfully  submit  the  fol- 
lowing 

REPORT, 

Section  1.  After  'district  courts'  read  'probate  Courts' — after  'inferior'; 
for  'of  read  'to.' 

Sec.  2.  Transpose  and  read:  'The  Supreme  Court  shall  consist  of  one 
chief  justice  and  two  associate  justices,  who  shall  be  elected  by  the  electors 
of  the  State  at  large,  and  a  majority  of  whom  shall  constitute  a  quorum. 
And  at  the  first  election  under  this  Constitution,'  &c.;  after  'two  years'  put 
a  semicolon.    In  fourth  line  from  bottom  strike  out  'six'  and  insert  'two.' 

Sec.  3.  Before  'habeas  corpus'  read  'and.'  In  fifth  hne  strike  out  'in' 
after  'term.' 

Condense  sections  4  and  5,  to  read  as  follows: 

'Sec.  4.  There  shall  be  appointed  by  the  justices  of  the  supreme  court 
a  reporter  and  clerk  of  said  court,  who  shall  hold  their  offices  two  years 
and  whose  duties  shall  be  prescribed  by  law.' 

Sec.  6.  After  words  'four  years'  read:  'district  courts  shall  be  held  at 
.such  times  and  places  as  may  be  provided  by  law.' 

Sec.  8.  For  'one  clerk'  read  'a  clerk' — strike  out  'for'  before  'two' — 
strike  out  'such  as'  in  last  line  but  one. 

Sec.  9.  Strike  out  'for'  before  'two  years' — for  last  clause  read,  'He 
shall  be  his  own  clerk,  shall  hold  courts  at  such  times,  and  receive  for  com- 
jjensation  such  fees  as  may  be  prescribed  by  law.' 

Sec.  10.    Strike  out  'as  may  be  prescribed.' 

Sec.  13.    Strike  out  'according  to  law.' 

Sec.  14.  Line  nine,  strike  out  'thereof  after  'pledge,'  and  before  'judges' 
in  same  line,  read  'justices  or.' 


506  Cox^'EXTION  Proceedings  and  Debates. 

Sec.  15.    Line  four,  strike  out  'therein.' 

Sec.  15.  Strike  out  'concurrent'  before  'resolution' — strike  out  'therein' 
after  'concur' — strike  out  'thereof  in  last  hne. 

Sec.  18.  Strike  out  'and  by  the  authority' — and  strike  out  in  last  line 
the  words  'of  Kansas.' 

Sec.  21.    Strike  out  'thereof  in  last  line  but  one  after  'judge.'" 

SCHEDULES. 

Mr.  Ingalls,  in  behalf  of  the  committee  on  Phraseology  and  Arrange- 
ment submitted  the  following: 

[*383]  *"The  committee  on  Phraseology  and  Arrangement  haAdng  had 
under  consideration  the  Article  entitled  'Schedule'  respectfully  submit  the 
following 

REPORT. 

Sec.  1.    Line  one,  strike  out  'evils  or' — in  line  four,  strike  out  'it.' 

Sec.  2.  Line  one,  strike  out  'due  and' — in  hnes  seven  and  ei^ht,  strike 
out  and  read  'executed  to  the  Territory,  or  any  officer  thereof,  in  his 
official  capacity,'  &c. 

Sec.  4.    Read  'the  Territory'  for  'this  Territory.' 

Sec.  5.    Read  'shall  be  provided.' 

Sec.  8.    For  'depending'  read  'pending.' 

Sec.  9.  Read  'First  Tuesday  in  October,  a.  d.  1859' — strike  out  all  after 
'1859.' 

Sec.  11.  Instead  of  'for  and  against  such  Constitution'  read  'at  such  elec- 
tion'— after  'precincts'  strike  out  the  words  'of  this  Territory' — read  'first 
Tuesday  in  December  a.  d.  1859'  in  ninth  Une. 

Sec.  20.  After  'Territory'  read  'and  the  President  and  Secretary  of  this 
Convention  shall  constitute.' 

Sec.  21.    Strike  out  'for'  after  'provided.' 

For  Sec.  22.  Read:  'The  board  of  State  canvassers  shall  provide  for 
the  transmission  of  authenticated  copies  of  the  Constitution  to  the  Presi- 
dent of  the  United  States,  to  the  President  of  the  Senate  and  Speaker  of 
the  House  of  Representatives.' 

Sec.  23.  'Upon  official  information  having  been  by  him  received  of  the 
admission  of  Kansas  into  the  Union  as  a  State,  it  shall  be  the  duty  of  the 
Governor-elect  under  the  Constitution  to  proclaim  the  same,  and  to  con- 
vene the  Legislature  and  do  all  things  else  necessary  to  the  complete  and 
active  organization  of  the  State  government.' 

Sec.  24.  'The  first  Legislature  shall  have  no  power  to  make  any  changes 
in  County  lines.' " 

These  reports  go  to  the  President's  table,  under  the  standing  rule. 

JUDICIARY. 

On  motion  by  Mr.  Griffith,  the  recommendations  of  the  committee 
on  Phraseology  and  Arrangement  with  reference  to  the  Judicary  Article, 
were  taken  up  and  concurred  in. 

The  Article  was  then  ordered  to  be  referred  for  arrangement  and  en- 
rollment. 

Mr.  McDowell.  Mr.  President,  have  all  the  standing  committees  re- 
ported? 

The  President.  The  Chair  is  of  opinion  that  they  have,  with  the  ex- 
ception of  the  committee  on  Federal  Relations. 


Wednesday,  July  27,  1859.  507 

schedule. 

On  motion  by  Mr.  Stinson,  the  reconamendations  of  the  committee  on 
Phraseology  and  Arrangement  with  reference  to  the  Schedule  were 
taken  up. 

The  committee's  recommendations  \^ith  reference  to  sections  1,  2,  4,  5. 
8,  were  severally  concurred  in. 

The  committee's  recommendation  as  to  section  9 — restoring  the  words 
"first  Tuesday  in  October,"  for  the  day  of  ratification  or  rejection  of  the 
Constitution,  and  "the  first  Tuesday  in  December"  for  the  first  general 
election  under  the  Constitution,  was  read  by  the  Secretary. 

Mr.  McDowell.  Mr.  President,  does  the  committee  recommend  the 
adoption  of  the  section  as  originally  reported  by  the  committee  on 
Schedule  ? 

Mr.  Ingalls.    That  is  the  intention  of  the  report. 

Mr.  McDow-ELL.  I  understood  yesterday,  that  the  Convention  changed 
the  time  of  voting  on  the  adoption  of  the  Constitution;  and  I  do  not  know 
that  it  is  witliin  the  province  of  the  committee  on  Phraseology  and  Ar- 
rangement to  make  so  material  an  alteration. 

The  PREsmENT.  It  is  within  the  province  of  the  committee  on  Phrase- 
ology and  Arrangement,  under  a  special  reso'ution  of  the  Convention,  to 
reconamend  any  changes,  amendments  or  additions  they  may  see  proper. 
[*384]  But  it  re-mains,  of  course,  for  the  Convention  to  approve  or  re- 
ject the  recommendation. 

Mr.  McDow'ELL.    I  move  to  reject  the  recommendation. 

Mr.  Bluxt.  Mr.  President,  T  certainly  hope  the  Convention  will  adopt 
the  recommendation  of  the  committee  on  Phraseology.  I  was  opposed  to 
the  change  made  last  evening  in  the  time  of  the  elections,  from  the  fact, 
that  I  consider  that  the  law  which  has  constituted  this  Convention,  and 
which  prescribes  the  time  and  manner  of  submitting  this  Constitution,  and 
the  time  and  manner  of  holding  the  first  election  under  it,  is  just  as  bind- 
ing upon  the  Convention  in  all  its  provisions,  as  it  is  in  any  one  of  them. 
And  because  I  desired  to  conform  strictly  to  the  letter  of  the  law — not  to 
travel  beyond  it  in  any  particular — I  was  opposed  to  this  change  being 
made.  But  the  Convention  saw' proper  to  make  the  change.  But  I  think 
now,  upon  due  reflection,  they  will  see  the  propriety  of  adopting  the  recom- 
mendation of  the  committee,  and  make  the  elections  conform  to  the  stat- 
ute which  authorized  the  Convention.  Without  taking  any  other  con- 
sideration than  this — the  necessity  of  strict  conformity  to  the  law — I  shall 
vote  for  this  recommendation. 

Mr.  J.  Blood.  Mr.  President,  I  moved  to  change  the  report,  by  sub- 
stituting November,  yesterday,  because  I  believed  we  would  thereby  get  a 
more  full  vote  on  the  Constitution;  and  because,  if  this  change  were  not 
made,  we  would  have  too  many  elections  coming  near  together.  But  I 
am  not  disposed  to  be  tenacious.  I  would  prefer  it,  if  the  Convention 
would  agree  to  put  the  election  of  State  officers  on  the  same  day  of  the  sub- 
mission. But  I  think  that,  in  this  irmtter,  the  law  calling  the  Convention 
has  no  more  binding  force  on  this  act  of  the  body,  than  the  act  of  a  council 
of  the  Arapahoe  Indians — not  a  particle  more. 

Mr.  Ritchie.  Mr.  President,  it  does  seem  to  me  that  there  can  be  a 
strong  argument  made  why  we  should  go  back  to  the  4th  of  October,  be- 
cause it  is  the  time  fixed  by  the  Legislature.    If  the  Constitution  is  ratified 


508  Convention  Proceedings  and  Debates. 

by  the  people — as  we  all  believe  it  will  be — the  people  are  higher  than  any 
other  authority;  and,  if  I  vote  for  this  change,  it  will  be  with  a  view,  that 
the  officers  of  State  under  this  Constitution  should  be  voted  for  on  the 
same  day. 

Mr.  President  Winchell.  (Mr.  Burris  in  the  Chair).  Mr.  President, 
this  is  a  matter  of  serious  moment  to  the  whole  Constitutional  movement. 
Gentlemen  whose  judgment  is  worthy  of  confidence  and  consideration  differ 
in  regard  to  the  binchng  force  of  the  act  authorizing  this  Convention.  I 
have  always  found  it  a  safe  rule,  sir,  where  the  authorities  differ,  to  take 
that  course  with  regard  to  which  there  can  be  no  danger;  and  I  do  not 
understand  any  gentleman  to  say  that  danger  can  be  likely  to  result  while 
we  adhere  to  that  law.  While,  on  the  other  hand,  there  are  arguments 
going  to  show  that  there  might  be  a  question  as  to  the  legality  of  our 
proceedings  if  we  were  to  disregard  that  law.  I  have  heard  no  argument 
against  the  propriety  and  practicability  of  submitting  the  Constitution  on 
the  first  Tuesday  in  October,  and  therefore  I  shall  vote  against  the  motion 
to  reject  the  recommendation  of  the  committee. , 

The  motion  to  reject  was  lost,  on  a  division;  and  then — 

On  motion  by  Mr.  Burris,  the  Article  was  passed,  as  a  whole,  and  re- 
ferred again  for  arrangement  and  enrollment. 

expenses  of  the  convention. 

Mr.  Barton  submitted  the  following,  which  was  adopted: 

"Resolved,  That  members,  officers  and  other  persons  having  accounts 
pertaining  to  this  Convention  be  requested  to  present  the  same  to  the 
committee  on  accounts  by  nine  o'clock  a.m.  tomorrow,  and  the  committee 
on  accounts  be  instructed  to  report  to  the  Convention  the  salary  of  officers 
of  this  body." 

The  Convention  then  took  a  recess  till  three  o'clock,  p.  m. 


[*385]  *AFTERNOON  SESSION. 

Mr.  HipPLE  submitted  the  following,  which  was  adopted: 

"Resolved,  That  Hon.  H.  B.  Denman,  William  Wiseman,  and  F.  W.  Case 
be  admitted  to  seats  within  the  bar  of  the  House." 

investigation. 

Mr.  Slough,  from  the  special  committee  appointed  under  his  resolu- 
tion, which  was  adopted  yesterday,  to  investigate  the  charge  of  perjury 
against  Mr.  Hutchinson,  submitted  a  report  embracing  the  testimony 

(This  testiir>or«\'  \vs  subsequently  laid  on  the  table,  and  it  has  not  been 
furnished  the  Printer.) 

The  report  is  signed — "John  P.  Slough,  A.  D.  McCune."  It  closes  with 
the  following: 

"Resolved,  That  William  Hutchinson,  a  member  of  this  Convention 
from  the  county  of  Douglas,  be  expelled  therefrom,  for  the  reason  that 
the  testimony  given  in  the  case,  shows  him  to  have  been  guilty  of  moral 
perjury." 

Mr.  LiLUE,  from  the  same  committee,  submitted  another  report  to  the 
effect:  That  "they  were  of  opinion  that  the  accused  is  not  guilty  of 
perjury,  as  charged,  and  recommending  the  submission  of  the  testimony 


Wednesday,  July  27,  1859.  509 

for  such  action  as  the  Convention  may  see  proper  to  take  in  the  premises." 
This  report  was  signed,  "George  A.  Lillie,  James  Blood." 

Mr.  Stinson  moved  the  adoption  of  Mr.  Slough's  report. 

Mr.  Graham.  Mr.  President,  as  a  member  of  this  committee,  I  rise 
for  the  purpose  of  giving  to  the  Convention  the  reason  why  my  name  is 
not  attached  to  either  of  these  reports.  My  position  was,  that  if  either 
of  these  parties  were  willing  to  report  to  this  Convention,  a  resolution  to 
expel  both  Mr.  Hubbard  and  Mr.  Hutchinson,  I  would  sign  it.  I  came  to 
that  conclusion  from  the  testimony.  This  being  declined,  I  then  proposed 
to  submit  the  testimony  merely.  My  mind  is  fully  made  up.  The  testi- 
mony has  convinced  me  that  both  are  equally  guilty. 

Mr.  Houston  submitted  the  following  amendment,  by  way  of  substitute 
for  Mr.  Slough's  report: 

"Resolved,  That  while  we  disapprove  of  the  conduct  of  Mr.  Hutchinson 
in  offering  to  influence  the  vote  of  a  member  of  this  Convention,  by 
proposing  to  give  him  a  lot,  still  we  do  not  feel  that  he  is  a  corrupt  man, 
or  that  he  has  perjured  himself. 

Resolved,  That  the  Sergeant-at-Arms  be  instructed  to  take  all  the 
documents  and  papers  connected  with  this  skullduggery  affair,  and  care- 
fully sink  them  in  the  Kaw  river," 

Mr.  Foster  moved  to  lay  it  on  the  table. 

Mr.  Slough  demanded  the  yeas  and  nays,  and  they  were  seconded 
and  ordered,  and  being  taken  the  result  was — yeas  20,  nays  14 — as  follows: 

Yeas — Messrs.  Barton,  J.  Blood,  Foster,  Forman,  Hippie,  Hoffman,  In- 
galls,  Middleton,  Moore,  McDowell,  McCune,  McClelland,  McCullough, 
Parks,  Ritchie,  Slough,  Stinson,  Stiarwalt,  Simpson,  Townsend — 20. 

Nays — Messrs.  Burnett,  Blunt,  N.  C.  Blood,  Crocker,  Dutton,  Graham, 
Griffith,  Hanway,  Houston,  Lillie,  Lamb,  Preston,  Stokes,  Williams — 14. 

So  Mr.  Houston's  amendment  was  laid  on  the  table,  and  the  question 
recurred  on  the  adoption  of  Mr.  Slough's  report. 

Mr.  Slough  demanded  the  yeas  and  nays. 

Mr.  Griffith.  Mr.  President,  do  1  understand  that  a  proposition  is 
made  to  expel  a  member  of  this  Convention  upon  a  charge  of  perjury? 

The  President.    The  Secretary  will  read  the  report  again. 

The  resolution  was  read. 

Mr.  Griffith.  1  approach  this  matter,  sir,  without  any  personal  feel- 
ing— without  likes  or  dislikes  on  either  side.  1  wish  to  be  governed  by  the 
evidence,  regardless  of  parties  and  individuals.  And  it  does  seem  to  me, 
that  there  is  not  sufficient  evidence  there  to  convince  a  court  of  justice 
that  there  is  perjury  in  this  case.  In  such  a  case  as  this  I  would  have 
to  be  governed  by  the  rules  that  govern  the  proceedings  in  a  court  of 
justice — to  give  the  advantage  of  doubt  in  favor  of  the  person  accused. 
[*386]  It  is  a  serious  matter,  sir,  for  us  to  pass  such  a  resolution  as  *this. 
The  testimony  should  be  unequivocal.  But  this  testimony  is  not  sufficiently 
definite.  1  am  willing,  however,  to  have  the  matter  brought  out  fully  by 
lawyers,  showing  what  a  court  of  justice  might  require  in  the  case. 

Mr.  Slough.  1  do  not  propose  to  constitute  myself  the  prosecutor  in 
this  case.  The  facts  have  been  presented.  They  have  been  read.  They, 
to  my  mind,  and  the  mind  of  one  other  member  of  this  committee,  were 
conclusive  of  guilt.  It  seems  to  me  that  no  discussion  is  necessary.  It  is 
a  matter  that  addresses  itself  simply  to  the  honest,  common-sense  intelli- 


510  Convention  Proceedings  and  Debates. 

gence  of  members.    Such  being  the  case,  I  do  not  propose  to  make  any 
remarks  upon  the  subject. 

Mr.  Graham.  Mr.  President,  I  would  ask,  as  a  special  favor,  to  be 
excused  from  voting;  when  my  name  shall  be  called  on  this  question.  I 
cannot  consent,  with  my  sense  of  right  and  duty,  to  be  the  instrument  in 
any  way  of  prosecuting  [persecuting]  a  man  for  the  sake  of  prosecuting 
him;  and  it  strikes  me  that  this  matter  has  taken  the  shape  of  persecution. 
I  am  willing  to  go  for  the  resolution  to  expel,  if  the  name  of  the  gentleman 
from  Doniphan  (Mr.  Hubbard)  is  embraced  in  it.  But  if  that  cannot  be 
done,  I  hope  the  Convention  will  excuse  me. 

Mr.  Slough.    I  move  that  he  be  excused. 

Mr.  Blunt.    I  object. 

The  Convention  refused  to  excuse  Mr.  Graham. 

Mr.  Graham.    Will  it  still  be  in  order  to  make  a  motion  to  amend? 

Mr.  Slough.    I  object. 

Mr.  Graham.  I  would  state  the  purpose  of  the  motion.  Being  re- 
quired to  vote,  I  wish  under  the  circumstances,  to  insert  into  the  resolution 
the  name  of  Mr.  Hubbard.  I  ask  the  Convention  to  allow  me  to  submit 
that  amendment. 

The  President.  The  amendment  of  the  gentleman  will  be  entertained. 
Mr.  Graham.  I  then  move  to  add  the  name  of  "E.  M.  Hubbard." 
Mr.  Blunt.  Mr.  President,  I  had  intended  to  have  passed  over  this 
matter  in  silence.  I  regret  that  it  has  been  pressed  so  far.  For,  in  my 
judgment,  it  can  result  only  in  a  good  deal  of  ill  feeling.  I  shall  vote 
against  the  expulsion  of  either  of  these  gentlemen.  I  think  we  have  given 
too  much  importance  to  this  subject.  It  is  "great  cry  and  little  wool." 
The  matter  has  been  persistently  taken  up  and  pressed  upon  the  considera- 
tion of  the  Convention,  I  think  far  more  pertinaciously  than  is  becoming 
the  honor  and  dignity  of  the  body.  I  am  unable  to  arrive  at  the  con- 
clusion, from  any  testimony  that  has  been  adduced,  that  there  has  been 
any  just  occasion  for  a  charge  of  corruption  by  the  offering  of  inducements 
in  the  way  of  property  or  money  to  vote  for  the  capital — and  I  am  equally 
at  a  loss,  and  find  it  equally  difficult  to  arrive  at  the  conclusion  that  any 
person  has  perjured  himself  in  the  case.  We  all  know  that  there  has  been 
a  great  deal  of  loose  conversation  in  the  hall  upon  this  subject — in  refer- 
ence to  corner  lots  in  connection  with  the  location  of  the  capital.  And 
something  of  this  sort  may  have  passed  between  Mr.  Hutchinson  and 
Mr.  Hubbard,  who,  I  observe,  is  a  serious  kind  of  man,  and  it  is  possible 
that  he  may  have  taken  Mr.  Hutchinson  more  seriously  than  was  intended ; 
and,  therefore,  so  far  from  imputing  corruption  or  perjury  to  either,  I 
come  to  the  conclusion  that  both  are  innocent.  I  think  it  has  all  been 
got  up  for  the  purpose  of  carrj-ing  a  point  in  this  Convention.  I  think 
it  must  have  been  evident  to  all  who  have  witnessed  these  proceedings, 
that  they  were  got  up  for  the  purpose  of  creating  a  prejudice  here  against 
the  town  of  Lawrence  as  to  the  point  of  location  for  the  State  capital. 
For  close  upon  the  very  heels  of  this  matter  it  was  moved  and  ordered  to  go 
into  the  selection  of  the  temporary  location  of  the  capital.  I  do  not  make 
this  as  a  specific  charge — but  it  does  look  to  me  like  the  whole  thing  has 
its  origin  there.  I  do  not  think,  sir,  that  my  honor  is  tarnished  in  the 
least,  by  sitting  here  with  Mr.  Hubbard  and  Mr.  Hutchinson,  and  I  think 
[*387]  it  would  be  far  best  now  to  bury  this  *whoIe  thing,  and  let  it 
slumber.  And  1  do  not  think  that  the  people  of  Kansas — after  the  ex- 
hibitions of  the  gross  frauds  which  we  have  had  in  this  Territory — will 


Wednesday,  July  27,  1859.  511 

feel  that  their  honor  has  been  tarnished  or  their  dignitj-  at  all  compromised 
by  anything  that  appears  in  this  case.  And  I  think  the  charge  of  cor- 
ruption and  fraud  here  comes  with  a  very  bad  grace  from  members  of 
that  party  from  whence  have  sprung  so  recently  at  the  Delaware  Cross- 
ings, and  other  places  in  this  Territory,  the  most  glaring  election  frauds 
on  record. 

Mr.  Foster.  Mr.  President,  I  would  inquire  what  is  the  accusation 
against  Mr.  Hubbard,  that  he  should  be  expelled?  There  has  been  no 
reason  assigned  for  inserting  his  name  in  the  resolution. 

Mr.  Blunt.  Mr.  President,  I  move  to  lay  the  whole  subject  on  the 
table. 

Mr.  Slough  demanded  the  yeas  and  nays,  which  being  ordered  and 
taken,  resulted — yeas  18,  nays  14 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  J.  Blood,  N.  C.  Blood,  Crocker, 
Button,  Griffith,  Hanway,  Houston,  Lillie,  Lamb,  McCuUough,  Preston, 
Stokes,  -Simpson,  Townsend,  Williams — 18. 

Nays — Messrs.  Barton,  Foster,  Forman,  Graham,  Hippie,  Middleton, 
Moore,  McDowell,  McCune,  McClelland,  Parks,  Slough,  Stinson,  Stiarwalt 
—14. 

So  the  subject  was  laid  on  the  table. 

Mr.  McDowell  moved  that  the  testimony  reported  from  both  of  these 
investigating  committees  be  printed. 

Mr.  Houston  moved  to  lay  the  motion  on  the  table. 

Mr.  Slough  demanded  the  yeas  and  nays  and  they  were  ordered,  and 
being  taken,  resulted — yeas  21,  naj's  14 — as  follows: 

Yeas — Messrs.  Burnett,  Blunt,  J.  Blood,  N.  C.  Blood,  Crocker,  Dutton, 
Graham,  Griffith,  Hanway,  Houston,  Ingalls,  Lillie,  Lamb,  Middleton,  Mc- 
CuUough, Preston,  Porter,  Stokes,  Simpson,  Townsend,  Williams — 21. 

Nays — Messrs.  Arthur,  Barton,  Foster,  Forman,  Hippie,  Moore,  Mc- 
Dowell, McCune,  McClelland,  Parks,  Ritchie,  Slough,  Stinson,  Stiarwalt 
—14. 

So  the  subject  was  laid  on  the  table. 

apportionment — memorial — ^amendments — miscellaneous — elections. 

Mr.  Ingalls.  In  behalf  of  the  Committee  on  Phraseology  and  Arrange- 
ment, submitted  the  following: 

The  Committee  on  Phraseology  and  Arrangement  ha\'ing  had  under  con- 
sideration the  articles  entitled  "Apportionment,"  "Memorial,"  "Amend- 
ments and  Miscellaneous,"  and  "Elections,"  respectfully  submit  the  fol- 
lowing report: 

apportionment. 

Section  1,  fine  1st.    For  "permanent"  read  "future." 

Sec.  2,  line  1st.  For  "a  permanent  apportionment"  read  "an  apportion- 
ment."   For  "1865"  read  "1866." 

Sec.  3.  After  "divided"  read  "into  election  districts,  and  the  Represent- 
ative and  Senators  shall  be,"  &c. 

"13th  District.  Morris,  Chase  and  Butler,  two  Representatives,  and 
one  Senator." 

"14th  District.  Arrapahoe,  Godfrey,  Greenwood,  Hunter.  Wilson,  Dorn 
and  McGee,  one  Representative." 


512  Convention  Proceedings  and  Debates. 

memorial. 

1st  Resolution,  line  2.  Strike  out  "be  and."  In  last  line  strike  out  "in 
the  State." 

3d  Resolution.  Read,  "That  Congress  be  further  requested  to  pass  an 
act  granting  all  the  swamp  lands,"  &c. 

4th  Resolution.  Read  "That  Congress  be  further  requested  to  pass  an 
act  appropriating,"  &c. 

5th  Resolution.  Strike  out  "of  this  State"  after  "Legislature."  Strike 
out  "by  law"  after  "provision." 

Append  an  additional  section  to  read  as  follows: 

"Resolved,  That  it  is  the  desire  of  the  people  to  be  admitted  into  the 
Union  with  this  Constitution." 

amendments   and   MISCELLANEOUS. 

Strike  out  the  Homestead  clause,  and  read  as  follows:  "The  Legislature 
shall  pass  a  hberal  Homestead  law." 

[*388]  *ELECTIONS. 

For  section  2  read  as  follows: 

"General  elections  shall  be  held  annually  on  the  Tuesday  succeeding  the 
first  Monday  in  November.  Towmship  elections  shall  be  held  on  the  first 
Tuesday  in  April,  until  otherwise  provided  by  law." 

Suffrage,  section  1.  Strike  out  the  words  "at  such  election,"  in  the  last 
Hne. 

Sec.  2.    Strike  out  "at  any  election"  in  two  places. 

Sec.  3.    Read  "the  State"  for  "this  State." 

Sec.  5.  Transpose  and  read:  "Every  person  who  shall  have  given  or 
offered  a  bribe  to  procure  his  election,  shall  be  disqualified  from  hold- 
ing," &c. 

Sec.  6.  For  "go  out  of  this  State"  read  "go  out  of  the  State."  Strike 
out  the  words  "in  this  State"  in  the  last  line. 

On  motion  of  Mr.  Burris,  the  consideration  of  the  committee's  recom- 
mendation with  reference  to  the  article  on  elections  and  electors,  was 
taken  up. 

The  committee's  recommendations  with  reference  to  sections  1,  2  and  3, 
having  been  read — 

Mr.  Blunt.  Mr.  President,  is  an  amendment  to  this  section  in  order 
at  this  time? 

The  President  (Mr.  Griffith  in  the  Chair).  The  ruling  of  the  Chair 
has  been  to  go  through  the  report  first. 

The  report  having  been  passed — 

Mr.  Blunt.  I  now  move  to  reconsider  the  vote  adopting  the  third  sec- 
tion. I  will  state  the  object  briefly.  It  is  for  the  purpose  of  re-instating 
the  word  "such"  before  "soldier,"  as  it  originally  stood  in  the  report — 
second  line  from  the  bottom  of  the  section. 

Sec.  3.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the  United 
States,  or  of  their  allies,  shall  be  deemed  to  have  acquired  a  resi^'ence  in 
the  State  in  consequence  of  being  stationed  within  the  same,  nor  shall  any 
soldier,  seaman  or  marine  have  the  riiht  to  vote. 

1  am  perfectly  satisfied  that  no  person  who  is-  a  soldier,  seaman  or 
marine,  can  have  a  residence  and  be  entitled  to  vote  by  virtue  of  being 
stationed  at  any  point.  But  there  misht  be  persons  connected  with  the 
army  or  navy,  who  were  born  and  reared  in  the  State,  and  who  have  had  a 


Wednesday,  July  27,  1859.  513 

residence  in  the  State,  and  have  all  their  interests  in  the  State,  and  the  sec- 
tion as  it  now  stands  would  cut  them  off  entirely  from  the  right  of  suffrage. 
The  section  applies  also  to  the  exclusion  of  all  seamen  in  the  merchant 
marine  service,  and  so  all  merchant  sailors  would  be  disfranchised.  The 
insertion  of  the  word  "such"  would  cover  this  ground,  so  as  only  to  pro- 
hibit soldiers  and  marines  quartered  in  the  State. 

The  Convention  refused  to  reconsider  the  section. 

REGISTRATION   OF   VOTERS. 

Mr.  BrRRis.  ]Mr.  President,  I  desire  to  offer  the  following  additional 
section : 

"Sec.  — .  The  Legislature  shall  pass  such  laws  as  may  be  necessary  for 
ascertaining:,  by  proper  proofs,  the  citizens  who  shall  be  entitled  to  the 
right  of  suffrage  hereby  established." 

Mr.  Slough.    I  move  to  lay  it  on  the  table. 

Mr.  BuRRis.  It  is  to  prevent  fraudulent  voting.  I  demand  the  yeas 
and  nays. 

They  were  ordered,  and  being  taken,  resulted — yeas  13,  nays  25 — as 
follows : 

Yeas — Messrs.  Barton,  Foster,  Graham,  Greer,  Hippie,  Hubbard,  Hoff- 
man, Moore,  McDowell,  McCune,  Slough,  Stinson,  Stiarwalt — 13. 

Nays — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Button,  Forman,  Hutchinson,  Hanway,  Houston,  Ingalls,  Lamb, 
Middleton.  McCullouGrh.  Preston,  Parks,  Porter,  Ritchie,  Signor,  Stokes, 
Simpson,  Townsend,  Williams — 25. 

So  the  motion  was  lost,  and  the  question  recurred  on  the  section. 

Mr.  BuRRis.  I  merely  wish  to  state,  in  explanation  of  that  section,  that 
it  is  to  authorize  and  require  the  Legislature  to  pass  a  registry  law. 

A  voice.    We  caught  that. 
[*389]     Mr.  BuRRis.    A  doubt  is  entertained  in  the  *mind  of  some  whether 
the  Legislature  have  the  right  to  pass  a  registry  law,  unless  there  is  a 
constitutional  provision  to  authorize  it.    In  order  to  relieve  the  case  from 
all  doubt,  I  propose  this  section. 

Mr.  Slough  demanded  the  yeas  and  nays,  and  they  were  ordered,  and 
being  taken,  resulted — yeas  26,  nays  15 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Button,  Graham,  Greer,  Griffith,  Hutchinson,  Hanway,  Houston, 
Ingalls,  Lamb,  Middleton,  McCuUough,  Preston,  Ritchie,  Signor,  Stokes, 
Simpson,  Townsend,  Williams,  Mr.  President — 26. 

Nays — Messrs.  Barton,  Foster,  Forman,  Hippie,  Hubbard,  Hoffman, 
Moore,  McBowell,  McCune,  McClelland,  Parks,  Porter,  Slough,  Stinson, 
Stiarwalt — 15. 

So  the  section  was  adopted. 

Mr.  J.  Blood.  Mr.  President,  I  propose  an  amendment.  Insert  the 
follo\ving  after  the  provision  for  electors — I  do  not  remember  the  number. 
I  propose  to  offer  as  an  amendment  to  the  section  specifying  the  qualifica- 
tions of  electors,  and  for  that  purpose  I  move  to  reconsider,  so  as  to  enable 
me  to  offer  the  following: 

"Provided,  that  the  Legislature  may  at  any  time  extend  by  law  the 
right  of  suffrage  to  persons  not  herein  enumerated;  but  no  such  Liw  shall 
be  in  force  until  the  same  shall  have  been  submitted  to  a  vote  of  the 

33 — 778 


514  Convention  Proceedings  and  Debates. 

electors  at  a  general  election,  and  approved  by  a  majority  of  all  the  votes 
cast  at  such  election." 

Mr.  President  Winchell  (Mr.  Griffith  in  the  Chair),  It  is  the  second 
specification  in  section  first. 

The  motion  to  reconsider  was  agreed  to — affirmative  17,  negative  13. 

Mr.  Winchell.  I  now  move  to  amend  as  proposed  by  the  gentleman 
from  Douglas  [Mr.  J.  Blood] . 

Mr.  BuRRis.  Mr.  President,  I  trust  that  will  not  pass.  It  seems  to 
me  it  is  nearer  right  as  the  section  stands.  It  is  extending  the  right  of 
suffrage  to  all  citizens  of  the  United  States,  and  all  foreigners  who  have 
declared  their  intention  to  become  citizens  of  the  United  States,  and  have 
resided  in  the  State  sLx  months  next  preceding  such  election — it  seems  to 
me  that  is  extending  the  privilege  of  the  exercise  of  that  franchise  far 
enough — just  as  far  as  I  desire  to  go.  This  additional  section  provides 
that  the  Legislature  may  pass  such  laws  as  may  be  necessary  for  ascer- 
taining, by  proper  proofs,  what  other  persons  shall  be  entitled  to  this 
franchise.  I  am  opposed  to  loading  down  the  Constitution  in  this  way. 
If  it  should  appear  to  be  necessary,  in  our  future  experience,  to  admit 
others  to  the  enjoyment  of  this  franchise,  it  would  be  competent  to  change 
the  Constitution  for  that  purpose.  And  I  am  confident,  sir,  that  the 
Constitution  wUl  be  changed  before  such  a  thing  will  be  needed. 

Mr.  President  Winchell.  Mr.  President,  I  have  two  reasons  for 
being  in  favor  of  the  proposed  amendment.  One  is,  that  it  leaves  this 
whole  matter,  after  all,  with  the  people,  to  determine  whether  they  will 
or  not  extend  the  right  of  suffrage  to  persons  not  here  enumerated.  And 
the  other  is  in  the  fact  that  we  have  many  native  inhabitants  of  the 
country — Indians — who  are  at  present  not  citizens  of  the  United  States — 
not  entitled  to  vote — and  who,  from  time  to  time,  by  treaty  stipulations, 
are  becoming  citizens,  under  such  regulations  as  might  make  it  a  matter 
of  justice  to  extend  to  them  the  right  of  suffrage.  And  then  I  am  opposed 
generally  to  tying  up  the  hands  of  the  Legislature  so  that  they  cannot 
submit  these  questions  to  the  people — having  no  fear  that  the  people  will 
decide  what  is  unjust. 

Mr.  J.  Blood.  Mr.  President,  I  have  but  one  word  to  offer  in  ex- 
planation of  the  motives  which  prompted  me  to  offer  that  section.  I  was  in 
favor  of  extending  the  right  of  suffrage  to  civilized  Indians.  There  are 
some,  I  believe,  who  should  be  entitled  to  vote.  But  there  were  others 
[*390]  who  objected  to  admitting  *them.  And  for  the  sake  of  accom- 
modating conflicting  views,  I  moved  to  insert  this — that  the  Legislature 
may  have  power  to  extend  suffrage  to  Indians  by  submitting  the  law  to 
the  people.  I  think,  by  requiring  submission,  that  no  evil  can  grow  out 
of  it. 

Mr.  Stinson.  I  rise  to  inquire  whether  there  is  not  "  'a  colored  brother' 
in  that  wood-pile?" 

Mr.  J.  Blood.  The  Indians,  I  believe,  are  sometimes  called  "colored." 
It  includes  all  who  might  be  regarded  as  entitled  to  the  right  of  suffrage. 

Mr.  Ritchie.  Mr.  President,  I  move  to  strike  out  "ten"  and  insert 
"thirty"  (days  next  preceding  such  election). 

Mr.  Winchell.  Mr.  President,  no  amendment  can  be  in  order,  I 
apprehend,  except  it  be  an  amendment  to  the  amendment,  till  after  the 
amendment  of  the  gentleman  from  Douglas  shall  have  been  disposed  of. 

Mr.  Ritchie.  Then  I  will  offer  a  few  reasons  why  I  am  in  favor  of 
the  amendment  of  the  gentleman  from  Douglas.    I  am  aware  that  this  is 


Wednesday,  July  27,  1S59.  515 

a  delicate  question.  But  inasmuch  as  there  has  been  only  one  class  of 
our  fellow-beings  alluded  to  as  probably  asking  the  right  of  suffrage,  I 
would  call  attention  to  those  who  are  now  asking  for  this  right  in  behalf 
of  those  who  were  the  first  governors  of  us  all — 1  mean  our  wives  and 
our  mothers. 

Mr.  J.  Blood  (interposing).  If  the  gentleman  will  allow  me — it  does 
contemplate  that  this  right  may  be  extended  to  any  class  of  persons. 

Mr.  Ritchie.  But  I  understood  the  gentleman  as  referring  to  the 
Indians,  particularly,  and  he  gave  that  as  the  reason  why  he  introduced 
it.  Now,  I  am  in  favor  of  it,  because,  while  it  would  not  cut  off  the 
Indian,  it  would  include  the  African  and  the  female  portion  of  [the] 
community.  Now,  sir,  I  want  the  indulgence  of  the  House;  for  if  in- 
tellect, virtue,  propriety,  decency,  are  required  in  the  affairs  of  govern- 
ment, then  the  female  has  the  right  of  suffrage  as  clearly  as  the  negro 
or  the  Indian — or  the  drunken,  illiterate,  ignorant  Democrat  or  Republican 
either.  Sir,  I  believe  in  universal  freedom.  I  believe  in  the  doctrine  of  the 
Declaration  of  our  fathers.  I  am  not  here  to  muddle  up  these  questions. 
I  am  in  favor  of  meeting  them  fairly.  And  I  believe  the  day  is  not  far 
distant  when  the  intelligence  and  virtue  of  Kansas  will  be  asking  this 
right  for  all.  My  God!  if  I  thought  we  were  forever  to  bow  to  that 
Democratic  rule — that  drunkenness  and  debauchery  in  human  shape  were 
regular  qualifications  entitling  to  the  right  of  the  elective  franchise,  I 
would  be  ashamed  of  my  own  position. 

Mr.  BuRRis.  Mr.  President,  I  wish  to  offer  one  word  more.  As  ex- 
plained by  the  gentleman  from  Shawnee  (Mr.  Ritchie)  this  amendment, 
it  seems,  goes  much  farther  than  to  the  Indians.  Now,  if  the  gentleman 
from  Douglas  (Mr.  J.  Blood)  and  the  gentlemala  from  Osage  (Mr.  Win- 
chell)  are  simply  in  favor  of  extending  suffrage  to  the  Indians,  why  not 
say  so?  Let  us  incorporate  what  we  mean  into  the  Constitution  in  plain 
language.  Why  attempt  to  get  round  it  by  authorizing  the  Legislature  to 
include  any  other  class?  Why,  a  corrupt  Legislature  might  provide  that, 
not  only  Indians  and  negroes,  but  boys  and  girls,  females,  felons,  drunkards, 
and  every  class  of  beings  in  the  State  of  Kansas  should  have  the  right  to 
vote  on  occasion!  Sir,  if  it  is  necessary  to  have  a  Constitutional  restric- 
tion here  at  all,  let  us  know  how  far  it  goes.  If  we  want  to  embrace 
every  class  of  beings,  let  us  extend  the  right  now.  But  not  leave  it  to 
the  Legislature.  If  we  are  going  to  leave  it  to  the  Legislature,  let  us 
strike  out  the  section  entirely.  What  is  the  object  of  a  Constitution,  if 
it  is  not  to  lay  down  fundamental  rules  by  which  the  Legislature  shall  be 
guided  and  restricted?  Then,  if  we  are  disposed  to  have  a  Constitutional 
restriction  here — if  we  are  determined  to  provide  in  the  Constitution  the 
qualifications  of  electors,  let  us  do  it.  Let  us  provide  that  such  and  such 
[*391]  persons  shall  vote,  and  none  others.  Sir,  I  am  satis*fied  with  the 
section  as  it  is.  I  would  not  object  to  the  amendment  for  the  purpose  of 
embracing  the  particular  class  indicated  in  the  remarks  of  the  gentleman 
from  Osage;  but  I  am  not  in  favor,  whilst  professing  to  authorize  the 
Legislature  to  extend  the  right  of  suffrage  to  civilized  Indians — of  authoriz- 
ing them,  at  the  same  time,  to  extend  it  to  the  wild  Indians,  females,  boys, 
negroes  and  felons. 

Mr.  J.  Blood.  Mr.  President,  the  gentleman  from  Johnson  (Mr.  Burns) 
seems  to  misapprehend  the  meaning  of  the  section.  It  is  not  proposed  to 
leave  this  power  in  the  hands  of  the  Legislature,  but  to  confide  it  to  the 
hands  of  the  people.  Mr.  President,  I  have  confidence  in  the  people  of 
Kansas.    I  think  they  are  as  competent  as  this  Convention  is  to  decide  tliis 


516  Cox\'EXTiox  Proceedixgs  and  Debates. 

question,  and  I  am  entirely  willing  to  leave  it  [at]  all  times  in  the  hands 
of  a  majority  of  the  electors  of  the  State. 

Mr.  HipPLE.  ]\Ir.  President,  I  submit  the  follow-ing,  to  come  in  at  the 
close:  "Provided,  that  the  right  to  vote  shall  never  be  extended  to  negroes 
and  mulattoes." 

Mr.  BuRRis.    I  move  that  the  whole  question  be  laid  on  the  table. 
Mr.  Greer  demanded  the  yeas  and  nays,  and  the  vote  stood — yeas  32, 
nays  11 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  Crocker,  Button,  Foster, 
Forman,  Graham,  Greer,  Griffith,  Hippie,  Hubbard,  Hoffman,  Hanway, 
Ingalls,  Lillie,  Lamb,  Middleton,  Moore,  McCune,  McClelland,  Palmer, 
Parks,  Porter,  Ross,  Signer,  Slough,  Stiarwalt,  Simpson,  Townsend,  Wil- 
liams—32. 

Nays — Messrs.  J.  Blood,  N.  C.  Blood,  Hutchinson,  Houston,  McDowell, 
McCuUough,  Preston,  Ritchie,  Stinson,  Stokes,  Mr.  President — 11. 

So  the  subject  was  laid  on  the  table. 

Mr.  Greer.    I  now  move  the  adoption  of  'the  Article  as  a  whole. 

Mr.  Ritchie.    I  desire  to  propose  an  amendment  to  the  first  section. 

Mr.  WiNCHELL.  Before  voting  on  the  motion  to  reconsider,  I  would 
like  to  know  what  the  amendment  is. 

Mr.  Ritchie.  The  object  is  to  strike  out  the  word  "ten,"  and  insert 
"thirty,"  in  order  that  pipe-laying  may  be  made  a  httle  more  difficult.  All 
those  who  are  not  in  favor  of  pipe-laying  will  vote  for  any  motion  to  recon- 
sider the  first  section. 

The  section  was  reconsidered.    It  follows: 

"Section  1.  Every  white  male  citizen  of  twenty-one  years  and  upwards 
belonging  to  either  of  the  following  classes — who  shall  have  resided  in 
Kansas  six  months  next  preceding  any  election,  and  in  the  township  or 
ward  in  which  he  offers  to  vote,  at  least  ten  days  next  preceding  such  elec- 
tion, shall  be  deemed  a  quahfied  elector." 

Mr.  Ritchie.    I  now  move  to  insert  "thirty"  days  instead  of  "ten." 

Mr.  WiNCHELL.    I  second  the  motion. 

Mr.  Ritchie  demanded  the  yeas  and  nays,  and  the  vote  stood — yeas  31, 
naj''S  12 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Dutton,  Graham,  Griffith,  Hutchinson,  Hanway,  Hoffman,  Hous- 
ton, Ingalls,  LiUie,  Lamb,  Middleton,  McClelland,  McCullough,  Preston, 
Palmer,  Parks,  Porter,  Ritchie,  Ross,  Stokes,  Simpson,  Townsend,  Williams, 
Mr.  President — 31. 

Nays — Messrs.  Barton,  Foster,  Greer,  Hippie,  Hubbard,  Moore,  Mc- 
Dowell, McCune,  Signor,  Slough,  Stinson,  Stiarwalt — 12. 

So  the  amendment  was  adopted. 

Mr.  Blunt.    I  move  the  adoption  of  the  Article  as  a  whole. 

Mr.  Stinson.  I  move  an  additional  section — to  come  in  as  section  first. 
I  will  read  it : 

"No  Democrat  shall  be  allowed  to  vote  at  any  election  under  this  Con- 
stit\ition." 

The  President.  The  Chair  is  compelled  to  rule  the  gentleman  out  of 
order. 

Section  1  was  then  adopted  as  amended. 


Wednesday,  July  27,  1859.  517 

And  then,  the  Article,  as  amended,  was  adopted  as  a  whole,  and  re- 
ferred for  arrangement  and  enrollment. 

[*392]  *JUDICIAL. 

Mr.  Ingalls,  from  the  committee  on  Phraseology  and  Arrangement,  re- 
ported, that,  having  had  under  further  consideration  the  Article  on  "Ju- 
diciary," they  submit  the  following: 

Section  1.  After  "law"  read  "and  all  courts  of  record  shall  have  a  seal 
to  be  used  in  the  authentication  of  all  process." 

Sec.  2.  In  line  6,  after  "Constitution"  read  "and  every  six  years  there- 
after." Ingalls,  Chairman. 

The  recommendations  were  agreed  to,  and  then  the  Article,  as  amended, 
was  ordered  back  to  the  committee  for  final  enrollment. 

adjournment  sine  die. 

Mr.  Hipple  submitted  the  following: 

"Resolved,  That  this  Convention  will  adjourn  sine  die  on  Friday,  July 
29th,  at  12,  M." 

On  motion  by  Mr.  Burris,  it  was  laid  on  the  table.    . 

homestead. 

Mr  Blunt  submitted  the  following: 

"Resolved,  That  the  committee  on  Phraseology  and  Arrangement  be 
instructed  to  prepare  an  Article  for  submitting  to  a  separate  vote  of  the 
people,  for  their  ratification  or  rejection,  the  section  in  relation  to  a  home- 
stead exemption." 

Mr.  Houston.    I  move  to  lay  it  on  the  table. 

Mr.  Blunt.    I  demand  the  yeas  and  nays. 

The  President.    The  Chair  is  informed  that  there  are  no  tally-hsts. 

The  House  then  divided — affirmative  27,  negative  12. 

So  the  resolution  was  laid  on  the  table. 

amendments — homestead. 

On  motion  by  Mr.  Stinson,  the  Convention  took  up  the  recommenda- 
tions of  the  committee  on  Phraseology  and  Arrangement,  with  reference  to 
the  Article  on  Amendments  and  Miscellaneous. 

The  Secretary  read  the  first  recommendation,  viz:  "Strike  out  the 
homestead  provision,  and  insert  these  words:  'The  Legislature  shall  pass  a 
liberal  homestead  law.' " 

The  original  section  follows: 

"Sec.  9.  A  Homestead  to  the  extent  of  one  hundred  and  sixty  acres  of 
farming  land,  or  of  one  acre  within  the  limits  of  any  incorporated  town  or 
city,  occupied  as  a  residence  by  the  family  of  the  owner,  together  with  all 
improvements  on  the  same,  shall  be  exempted  from  forced  sale  under  any 
process  of  law,  and  shall  not  be  alienated  without  the  joint  consent  of  the 
husband  and  wife  when  that  relation  exists;  but  no  property  shall  be 
exempt  from  sale  for  taxes  or  for  the  payment  of  obligations  contracted  for 
the  purchase  of  said  premises,  or  for  the  erection  of  improvements  thereon. 
Provided;  the  provisions  of  this  section  shall  not  apply  to  any  process  of 
law  obtained  bv  virtue  of  a  lien  given  by  the  consent  of  both  husband  and 
wife." 

The  President.    The  Chair  is  informed  by  a  member  of  the  comjiiittee, 


518  Convention  Proceedings  and  Debates. 

that  this  Article  has  been  previously  before  the  committee  on  Phraseology 
and  Arrangement,  and  that  it  is  properly  now  in  their  hands  simply  for 
arrangement  and  enrollment. 

Mr.  Ingalls.  Mr.  President,  I  am  in  possession  of  the  most  positive 
information,  both  from  other  members  of  the  committee  and  the  secretary, 
that  the  Article  on  Miscellaneous,  which  contains  the  Homestead  provision, 
has  been  acted  on  by  the  committee  to-day  for  the  first  time.  Their 
action  is  incorporated  in  the  provision  just  read. 

After  some  conversation  relative  to  previous  action  on  this  subject,  con- 
firmatory of  this  statement — 

The  President.  The  Chair  is  under  the  necessity  of  ruling  the  provi- 
sion reported  as  not  in  order,  from  the  fact,  that  the  same  matter  has 
been  previously  proposed  in  Convention  and  rejected. 

Mr.  J.  Blood.  I  believe  I  offered  one  similar  to  that,  and  it  was  rejected. 
And  I  had  intended,  when  this  question  came  up  again,  to  propose  an 
[*393]  amendment,  which  I  will  now  *read.  It  covers  more  ground  than 
the  report: 

'  "The  Legislature  shall  pass  a  liberal  homestead  law,  and  a  law  exempt- 
ing a  reasonable  amount  of  property  from  seizure  and  sale  on  contracts 
heretofore  made." 

The  President.  The  gentleman  from  Douglas  is  out  of  order  in  two 
ways.  It  is  not  in  order  to  introduce  new  matter  without  a  reconsidera- 
tion; and  in  the  second  place,  though  his  proposition  covers  more  ground 
than  the  matter  reported  from  the  committee  on  Phraseology,  it  does  not 
cover  more  ground  than  has  been  heretofore  proposed  and  rejected. 

The  Article  was  then  again  adopted  as  a  whole,  and  referred  for  Ar- 
rangement and  Enrollment. 

authentication  of  the  constitution. 
Mr.  McDowell  submitted  the  following: 

"Resolved,  That  when  this  Constitution  shall  be  adopted,  it  shall  be 
authenticated  by  the  President  and  Secretary  of  the  Convention." 
The  resolution  was  adopted. 

apportionment — PROTEST. 

Mr.  Stinson.  Mr.  President,  I  desire  to  offer  the  follo\\'ing  protest 
against  the  action  of  the  Convention  in  the  apportionment  of  the  State  for 
representative  purposes: 

"We,  the  undersigned,  members  of  the  Constitutional  Convention  as- 
sembled at  Wyandotte,  Kansas  Territory,  on  the  5lh  day  of  July,  1859. 
do  hereby  solemnly  protest  against  the  action  of  this  Convention  in  appor- 
tioning the  State  for  Representative  purposes.  We  protest  against  the 
action  of  the  majority  upon  this  question  because  said  apportionment  is 
based  upon  no  known  rule  of  representation,  and  was  evidently  devised  to 
meet  the  necessities  of  a  political  party  and  not  to  secure  a  full  and  fair 
representation  to  the  people — because  population  has  never  been  con- 
sulted in  making  said  apportionment  as  the  basis  thereof — because  counties 
antagonistic  in  interest  have  been  annexed  to  each  other  for  Representative 
purposes  without  the  shadow  of  excuse  or  reason,  save  only  to  secure  the 
triumph  of  the  Republican  party,  as  in  the  case  of  Johnson  and  Wyan- 
dotte counties  being  attached  to  Douglas  county,  and  in  the  case  of  Jack- 
son and  Jefferson  counties  being  attached  to  Shawnee — because  the  system 


Thursday,  July  28,  1859.  519 

of  attaching  small  counties  to  large  ones  is  a  practical  disfranchisement  of 
the  small  counties — because  said  apportionment  is  throughout  a  mere 
political  scheme  unworthj'  the  dignity  of  this  Convention. 

We  further  protest  against  the  action  of  the  majority  upon  this  ques- 
tion, in  moving  the  previous  question,  and  thus  preventing  a  full  dis- 
cussion of  this  important  measure. 

Samuel  A.  Stinson,         R.  C.  Foster,  Jr., 
John  Stiarwalt,  A.  D.  McCune, 

C.  B.  McClelland,  Eph.  Moorb, 

John  P.  Slough,  E.  M.  Hubbard, 

W.  C.  McDowell,  John  T.  Barton, 

John"  W.  Forman,  B.  J.  Wrigley." 

Under  the  rules  of  the  Convention,  the  Protest  lies  one  day  on  the  table. 

MR.  Hubbard's  protest. 

On  motion  by  Mr.  McDowell,  it  was  ordered  that  Mr.  Hubbard's  Pro- 
test, submitted  yesterday,  be  now  entered  upon  the  journal  of  the  Con- 
vention. 

apportionment. 

On  motion  by  Mr.  Slough,  the  recommendations  of  the  committee  on 
Phraseology  and  Arrangement  with  reference  to  the  Article  on  Apportion- 
ment, were  taken  up  and  concurred  in. 

Mr.  McDowell.  Mr.  President,  I  have  an  additional  section  which  I 
desire  to  offer. 

The  President.  The  gentleman's  additional  section  will  not  be  in  order, 
because  a  motion  to  reconsider  this  Article  has  been  laid  on  the  table.  By 
unanimous  consent  it  might  be  in  order. 

Mr.  McDowell.  I  think  this  wdll  meet  with  the  general  approbation 
of  the  body. 

A  Voice.    I  object. 

The  President.    The  gentleman's  amendment  mil  not  be  in  order. 
[*394]     *Mr.  McDowell.    1  am  sorry  for  it.    It's  a  good  one. 

After  some  conversation  on  the  order  of  business  to-morrow  in  the  veri- 
fication of  the  several  Articles  of  the  Constitution,  &c. — in  which  Mr. 
Slough  and  Mr.  Winchell  participated — 

Mr.  Meyer's  account  of  two  hundred  and  ninety-five  dollars  and  ninety- 
four  cents  was  allowed;  and  then — 

The  Convention  adjourned  till  to-morrow  morning  at  nine  o'clock. 


Thursday,  July  28,  1859. 
The  Convention  met  at  9  o'clock,  a.  m. 

Prayer  by  the  Chaplain. 

The  journal  of  yesterday  was  read  and  approved. 


absence. 


Mr.  Wrigley.  ]Mr.  President,  my  colleague  (Mr.  Hubbard)  has  been 
compelled  to  return  home  on  account  of  sickness  in  his  family.  1  ask  for 
him  leave  of  absence. 

No  objection  being  made,  the  leave  was  granted. 


520  Convention  Proceedings  and  Debates. 

auditing  and  certification  account. 

Mr.  J.  Blood.  Mr.  President,  if  resolutions  are  in  order,  I  desire  to 
offer  the  following: 

"Resolved,  That  the  President  and  Sergeant-at-Arms  be  authorized  and 
instructed  to  audit  and  certif}-  all  claims  against  the  Territor}',  growing 
out  of  the  action  of  this  Convention,  not  otherwise  acted  on  by  this  Con- 
vention." 

The  resolution  was  adopted. 

PROTEST. 

Mr.  Stinson.  Mr.  President.  I  offered  on  yesterday  a  protest  in  be- 
half of  several  members  of  this  Convention,  which  was  laid  upon  the  table. 
I  ask  that  it  be  taken  from  the  table  and  placed  upon  the  records. 

Mr.  Crocker.  If  in  order,  I  wish  the  minority  report  of  the  Committee 
on  Apportionment  to  be  appended  to  the  motion. 

The  motion  was  agreed  to. 

]\Ir.  Stinson.  I  move  now  that  the  protest  and  report  be  entered  upon 
the  journal  of  the  Convention. 

The  motion  was  agreed  to. 

THE    HOMESTE.^D. 

Mr.  Thacher.  Mr.  President,  I  understand  there  was  a  resolution 
offered  by  the  gentleman  from  Anderson  (Mr.  Blunt)  yesterday,  which  I 
wish  to  move  to  call  from  the  table.  I  understand  it  was  so  laid,  under 
a  misapprehension  of  the  nature  of  the  resolution.  I  believe  it  to  be  one 
which  it  is  wise  and  best  for  us  to  adopt.  I  understand  it  to  be  a  resolution 
directing  the  Committee  on  Phraseology  and  Arrangement  to  prepare  an 
article  for  submission  directly  to  the  people,  as  a  separate  vote,  the  ques- 
tion of  the  homestead.  I  believe  nine-tenths  of  the  people  are  in  favor 
of  it,  and  I  believe  it  would  be  wise  and  just  for  this  Convention  to  sub- 
mit that  question  directly  to  the  people  at  the  time  of  the  adoption  of  the 
Constitution.  It  will  necessarily  call  out  a  large  vote  for  the  Constitution, 
and  induce  many  men  to  come  out  to  vote  who  might  other\\ise  keep 
away  from  the  polls.    I  move  to  take  that  resolution  from  the  table. 

The  motion  was  agreed  to,  and  the  resolution  was  taken  up. 

Mr.  Thacher.    Mr.  President,  I  move  the  adoption  of  the  resolution. 

It  is  as  follows: 

"Resolved,  That  the  Committee  on  Phraseology  and  Arrangement  be 
instructed  to  prepare  an  article  for  submitting  to  a  separate  vote  of  the 
people,  for  their  ratification  or  rejection,  the  section  in  Miscellaneous  de- 
partment relating  to  the  Homestead  exemption." 

Mr.  Blunt.  Mr.  President,  I  desire  to  make  a  few  remarks.  I  do  not 
propose  to  discuss  the  question  of  a  homestead  law,  for  that  has  been  dis- 
posed of,  but  I  do  think  that  this  Convention  should  submit  this  as  a 
separate  proposition  to  the  people.  The  homestead  clause  as  it  now  stands 
is  not  what  I  desire,  because  the  benefits  accruing  from  it  are  not  to  be 
[*395]  obtained  *by  all  classes  of  persons.  But  if  it  is  so  very  popular, 
as  gentlemen  upon  this  floor  have  asserted,  there  certainly  can  be  no 
danger  m  submitting  it  to  a  separate  vote.  If  the  people  desire  it,  they 
\v\\\  adopt  it;  but  if  they  do  not  desire  a  homestead  law,  it  should  not  be 
forced  upon  them.  Leave  it  as  it  is,  and  they  will  be  forced  to  adopt  it, 
or  vote  against  the  whole  Constitution  for  the  sake  of  voting  against  that 


Thursday,  July  28,  1859.  521 

one  provision.  I  desire  that  the  body  of  this  Constitution  should  be 
ratified  by  the  people  in  a  larre  and  respectable  vote.  I  happen  to  know 
the  feeling  of  the  peoi)le  I  represent  upon  this  question  of  homestead — it 
having  been  incorporated  in  the  Leavenworth  Constitution,  and  the  matter 
having  been  discussed  in  the  election  of  delegates  to  this  Constitution.  1 
believe  if  the  Constitution,  without  that  homestead  clause,  were  to  be  sub- 
mitted to  the  people,  it  would  be  ratified  by  the  people  of  my  county,  al- 
most without  a  dissenting  voice.  I  believe  there  is  nothing  in  that  Con 
stitution,  with  the  exception  of  that  clause,  but  what  will  meet  their 
approbation;  but  I  do  believe  if  it  is  submitted  to  them  with  this  home- 
stead exemption,  in  order,  to  defeat  that  clause  in  the  Constitution,  a 
majority  of  them  will  be  compelled  to  vote  against  the  whole  instrument 
It  is  only  to  save  the  Constitution — that  it  may  be  ratified  by  a  larse  and 
respectable  majority — that  I  desire  this  proposition  should  be  submitted 
to  the  people  in  a  separate  form.  No  harm  would  be  done  by  it,  and  it  is 
attended  with  neither  expense  nor  difl[iculty. 

Mr.  J.  Blood.  Mr.  President,  I  am  in  favor  of  a  liberal  homestead 
exemption,  and  believing  it  just  and  right  that  the  people  should  be  privi- 
leged to  vote  upon  a  question  of  such  universal  importance  as  that  of  a 
homestead  exemption,  I  favor  the  proposition  of  the  gentleman  from 
Anderson  (Mr.  Blunt)  to  submit  the  question  to  a  direct  vote,  separate 
from  the  Constitution. 

Mr.  Houston.  Mv.  President,  I  desire  to  say  that  we  have  passed 
three  times  on  that  homestead  matter,  and  I  thought  we  had  settled  that 
thini.  But  now  we  are  asked  to  take  it  up  again,  after  it  has  passed  into 
the  hands  of  the  Committee  on  Phraseology  and  Arrangement  the  last  time. 
I  am  not  certain  that  we  have  any  right  to  take  it  up,  or  whether  we  can 
take  it  up  [at]  all. 

The  PRKsmENT.  Does  the  Chair  understand  the  gentleman  to  make  a 
point  of  order? 

Mr.  Houston.    Yes,  sir. 

The  President.  The  Chair  would  rule  that  the  resolution  is  in  order 
The  Committee  on  Phraseology  and  Arrangement  was  appointed  for  the 
purpose  which  its  name  indicates;  and  this  is  simply  a  question  of  arrange- 
ment as  to  whether  it  shall  appear  as  an  integral  part  of  the  Constitution 
or  an  independent  portion. 

Mr.  Houston.  As  I  have  spoken  quite  freely  on  previous  occasions, 
upon  this  subject,  it  is  not  my  purpose  to  enter  at  large  into  the  discus- 
sion of  it  now.  I  am  one  of  those  men  who,  having  made  up  their  mind 
that  a  measure  is  right,  have  no  disposition  to  change  it.  I  discriminate 
between  a  homestead  and  an  exemption.  I  regard  a  homestead  measure 
as  a  matter  of  State  policy — as  just,  proper  and  beneficial.  I  wish  the 
home  of  a  family  to  be  kept  sacred,  so  that  it  cannot  be  invaded  by  tricks 
of  the  law  or  of  trade.  Now,  sir,  this  Convention  came  to  a  conclusion 
upon  this  subject,  and  are  we  to  get  alarmed  as  to  whether  our  position 
is  correct?  Shall  we  say,  at  this  late  hour,  that  we  are  afraid  this  measure 
will  not  be  sustained?  There  may  be  some  men  who  are  opposed  to  the 
great  agricultural  interests  of  the  State,  who  would  be  willing  to  see  it  go 
into  chaos — who  might  still  oppose  this  measure.  There  are  motives  and 
considerations  that  operate  upon  a  certain  class  of  men  in  every  community 
who  would  Uke  to  have  this  homestead  bill  so  modified  that  they  could 
run  it  up  or  down  to  suit  their  conveniences.  I  have  taken  my  position 
firmly,  and  I  shall  still  vote  as  I  have  voted.    I  believe  it  is  a  measure  that 


522  CoN\'EXTioN  Proceedings  and  Debates. 

will  build  up  the  State  and  improve  and  beautify  it;  and  I  don't  believe 
it  will  affect  the  vote  on  the  Constitution. 

[*396]  *Mr.  Griffith.  Mr.  President,  in  advocating  the  submission  of 
this  section  to  a  separate  vote  of  the  people,  1  do  not  abate  one  jot  of  mj- 
attachment  to  the  homestead  principle,  1  am  clearly  committed  at  home 
and  on  this  floor  in  favor  of  a  hberal  homestead  law;  and  1  approve  the 
section  adopted  by  this  Convention.  But  while  I  approve,  I  am  not  clear 
that  a  majority  of  the  voters  of  the  county,  which  I  in  part  represent,  ap- 
prove, or  that  the  voters  of  the  whole  Territory  approve.  Let  the  section, 
then,  be  submitted.  If  approved  it  will  hold  its  place  in  the  Constitution. 
I  also  favor  submission  as  a  compromise.  Some  approve  the  section. 
I  am  willina:  to  give  them  an  opportunity  to  vote  against  it  without  being 
obhged  to  withhold  their  support  from  the  Constitution.  I  favor  this  also 
for  the  especial  relief  of  our  Democratic  friends.  If  they  wish  to  make 
opposition  to  this  homestead  law,  let  us  meet  them  before  the  people. 

Mr.  Ritchie.  IVIr.  President,  it  seems  to  me,  sir,  that  this  body  should 
maintain  some  character  for  integrity  and  dignity,  and  in  order  to  sustain 
the  dignity  of  this  body,  I  am  opposed  [to]  the  manner  of  taking  up  a 
measure  to-day  and  repealing  it  to-morrow.  The  argument  offered  by  the 
gentleman  from  Douglas  (Mr.  Thacher)  shows  clearly  that  he  is  of 
opinion  that  nine-tenths  of  the  people  would  endorse  this  measure.  Why 
then  carry  this  out  from  this  body,  inasmuch  as  it  will  be  passed  unani- 
mously almost?  If  I  beUeved  nine-tenths  of  the  people  were  in  favor  of  it, 
I  would  not  want  any  better  argument  for  it  to  remain.  If  I  believed  a 
majority  of  one  man  was  in  favor  of  it  I  would  advocate  its  retention.  I 
believe  in  the  principle  of  a  majority  ruling.  Now  we  have  a  majority, 
according  to  the  argument,  of  nine-tenths,  and  yet  gentlemen  are  opposed 
to  what  will  please  nine-tenths  of  the  people.  1  am  in  favor  of  this  meas- 
ure because  it  gives  to  the  people  the  right  of  a  homestead.  God  granted 
this  right  to  the  people,  and  I  am  in  favor  of  continuing  that  right  to  the 
people.  'Tis  plain  to  be  seen,  that  there  are  some  weak-kneed  Repubhcans 
here  who  are  not  willing  to  endorse  a  principle  because  it  is  right.  Who 
has  not  read  it  in  every  RepubUcan  paper  throughout  the  land,  that  one  of 
the  planks  is  "A  home  for  the  homeless,  and  no  nigger  for  the  niggerless." 
We  have  shown  ourselves  as  willing  to  endorse  the  principle  of  a  home  for 
the  homeless.  You  desire  to  act  upon  policy;  but  I  warn  you  as  Repub- 
licans not  to  make  it  all  policy.  I  want  to  see  the  Repubhcan  party  take  a 
position  upon  the  right,  and  all  the  people  will  sustain  them  upon  the  right. 
But  if  all  is  to  be  jdelded — if  nine-tenths  must  come  down  because  the 
other  tenth  won't — I  would  not  give  a  cent  for  such  Republicanism.  If 
this  Constitution  were  one  which  would  have  no  opposition,  I  would  not 
vote  for  it.    It  is  on  account  of  the  opposition  to  it  that  I  like  it. 

Mr.  Stokes.  Mr.  President,  for  the  reasons  the  gentleman  (Mr.  Ritchie) 
assigns  I  shall  vote  for  the  resolution.  I  think  if  nine-tenths  of  the  people 
are  in  favor  of  it,  it  would  be  the  means  of  drawing  people  to  vote  for  the 
Constitution. 

Mr.  Griffith.  Mr.  President,  I  do  not  appreciate  the  remarks  of  the 
gentleman  from  Shawnee  (Mr.  Ritchie)  in  regard  to  weak-kneed  Repub- 
licans, I  came  to  this  Convention  not  to  look  after  the  interests  especially 
of  the  Republican  party,  but  to  assist  in  making  a  Constitution  for  the 
whole  peoi)le,  and  no  insinuation  of  want  of  attachment  to  Republican 
principles  shall  deter  me  from  the  discharge  of  my  duty  in  such  manner  as 
my  poor  judgment  shall  approve.  I  repeat,  sir,  that  by  submitting  this 
section  to  a  vote  of  the  people  we  yield  nothing,  and  we  risk  nothing. 


Thursday,  July  28,  1859.  523 

Mr.  Hutchinson.  Mr.  President,  at  the  time  the  section  now  under 
consideration  was  adopted  by  this  Convention,  I  think  I  voted  against  it; 
and  giving  that  vote  against  a  majority  of  my  Republican  friends,  1  did  so 
[*397]  because  I  believed  that  the  provisions  of  that  ^homestead  clause 
should  be  modified.  Kow  we  are  come  down  to  the  last  day  of  the  session, 
and  it  is  impossible  to  enter  into  the  merits  of  discussion,  as  to  the  prin- 
ci])le  of  the  homestead.  I  believe  it  to  be  one  of  the  first  riahts  of  the 
people — equal  to  the  right  of  jury  trial — to  possess  property.  I  believe  it 
stands  on  the  same  ground  with  the  right  to  preserve  life.  I  have  favored 
this  principle  for  many  years,  and  I  came  here  determined  to  do  it  in  this 
Convention.  At  the  same  time,  \'iewing  the  position  we  are  placed  in  here 
to-day — admitting  that  we  have  committed  a  slight  error  in  framing  that 
section  as  it  is — I  do  not  now  propose  to  change  it,  but  am  willing  to  take 
the  advice  of  those  around  me,  and  it  may  be  considered  a  species  of  giving 
down  I  care  not  for  that,  it  is  time  for  us  to  consider  this  matter  well,  and 
if  there  is  no  other  way  but  to  compromise,  even  if  we  compromise  prin- 
ciple slightly — I  am  going  to  vote  in  favor  of  the  resolution. 

The  yeas  and  nays  were  demanded  on  the  adoption  of  the  resolution, 
and  being  ordered  and  taken,  resulted — yeas  35,  nays  8 — as  follows. 

Yeas — Messrs.  Arthur,  Blunt,  Barton,  Burris,  J.  Blood,  N.  C.  Blood, 
Foster,  Forman,  Griffith,  Hutchinson,  Hanway,  Hoffman,  Ingalls,  Lillie, 
Lamb,  Middleton,  May,  McDowell,  McCune,  McClelland,  McCuUough. 
Preston.  Palmer,  Porter,  Signor,  Sloudi,  Stinson,  Stiarwalt,  Stokes,  Simp- 
son, Thacher,  Townsend,  Wrigley,  Williams,  Mr.  President — 35. 

Nays — Messrs.  Burnett,  Crocker,  Button,  Graham,  Greer,  Houston, 
Parks,  Ritchie— 8. 

So  the  resolution  was  adopted. 

LIST  OF   MEMBERS. 

Mr.  McClelland.  Mr.  President,  I  find  that  the  printed  list  of  the 
names  of  members  of  the  Convention  are  incorrect  in  many  respects,  there- 
fore I  offer  the  following  resolution: 

"Resolved,  That  the  Serseant-at-Arms  be  instructed  to  get  printed  three 
hundred  copies  of  a  corrected  list  of  the  members  and  officers  of  this  Con- 
vention for  the  use  of  the  same." 

The  resolution  was  adopted. 

LIPMAN    MEYER. 

Mr.  Middleton.    Mr.  President,  will  remonstrances  be  in  order? 

The  President.  That  order  is  passed;  but,  no  objections  being  made, 
the  remonstrance  will  be  received.  The  Secretary  will  read  the  remon- 
strance. 

It  follows: 

"Wyandotte,  July  28,  1859. 

To  the  President  and  Members  oj  the  Constitutional  Convention  for  the 
Territory  of  Kansas: 

The  subscriber  respectfully  remonstrates  and  solemnly  protests  against 
the  action  of  your  Honorable  body  upon  the  bill  presented  by  him  for 
the  use  of  the  Convention  room.  He  says  that  he  has  been  put  to  a  great 
expense  in  fitting  up  the  hall,  which  he  otherwise  would  not  have  incurred. 
That  assurance  was  given  him  that  the  Convention  would  allow  a  reason- 
able compensation  for  the  use  of  said  hall,  according  to  many  precedents. 

He  also  says  that  the  expense  of  fitting  up  said  hall  to  be  paid  in  cash, 


524  Convention  Proceedings  and  Debates. 

and  that,  consequently,  payment  of  scrip,  at  its  present  discount,  will  be 
very  poor  remuneration. 

He  therefore  prays  your  Honorable  body  to  reconsider  the  action  herein 
before  taken  upon  the  matter,  and  that  his  bill  shall  be  taken  up  again 
into  consideration.  Lipman  Meyer." 

The  President.    Under  the  rules  the  remonstrance  lies  upon  the  table. 

Mr.  MrDowELL.  Mr.  President,  on  yesterday,  when  the  chairman  of 
the  investisjatins;  committee  reported  the  testimony  taken  by  them,  two 
minority  reports  of  that  committee  were  read,  and  there  was  a  motion  made 
and  carried  to  lav  the  who^e  subiert  on  the  table.  I  rise  for  the  purpose  of 
moving  to  take  these  matters  off  the  table. 

The  President.  The  Chair  will  state  that  resolutions  are  the  present 
order. 

Mr.  MrDowELL.    Such  a  motion  was  made  by  Mr.  Thacher  just  now. 

[*398]  The  President.  It  was  on  a  question  to  take  *up  a  resolution. 
Resolutions  are  the  order  now. 

Mr.  McDowell.    I  will  then  offer  a  resolution. 

The  President.  Under  the  ruling  of  the  Convention,  anything  can  be 
reached  in  the  shape  of  a  resolution.  The  gentleman  will  prepare  his 
resolution. 

enrolled  copy  of  the  constitution. 

Mr.  J.  Blood.    I  offer  the  following  resolution: 

"Resolved,  That  the  President  of  th's  Convention  be  and  he  is  hereby  au- 
thorized to  have  the  enrolled  Constitution,  with  the  signatures  attached, 
transcribed  upon  parchment,  to  be  verified  by  his  certificate,  and  that  the 
same  be  deposited  in  the  office  of  the  Secretary  of  State." 

Mr.  Hutchinson.  I  would  simply  enquire  what  is  to  be  done  with  it 
l)efore  we  have  a  Secretary  of  State? 

Mr.  Graham.  Is  it  intended  that  the  members  should  all  be  required 
to  sign? 

The  President.  The  Chair  understands  the  purport  of  the  resolution 
to  be  this:  the  original,  which  is  here  signed  by  the  members  of  the 
Convention,  shall  be  copied  afterwards  upon  parchment  with  the  signature, 
and  certified  to  by  the  President,  and  the  parchment  copy  be  placed  in  the 
office  of  the  Secretary  of  State. 

Mr.  Blunt.  I  wish  to  enquire  if  there  was  not  a  resolution  passed 
yesterday,  causing  it  to  be  certified  to  by  the  Secretary  also? 

The  President.  The  signing  "by  the  President  and  Secretary  would  not 
])rohibit  the  signatures  of  members.    The  resolution  was  adopted. 

investigation. 

Mr.  McDowell.    Mr.  President,  I  offer  the  following  resolution: 

"Resolved,  That  the  Convention  now  take  up  from  the  table  for  con- 
sideration, the  testimony  and  reports  presented  by  the  committee  on  in- 
vestigation." 

Mr.  President,  I  desire  to  say  a  few  words  in  support  of  this  resolu- 
tion. I  think,  as  the  matter  now  stands  before  the  Convention,  very  great 
injustice  was  done  to  a  very  worthy  member  of  this  Convention  (Mr. 
Hubbard)  and  in  order  to  substantiate  that  proposition,  I  propose  briefly 
to  refer  to  the  history  of  the  whole  matter.  On  motion  of  my  colleague, 
Judge  Parks,  a  committee  was  the  other  day  appointed  to  investigate  the 


Thursday,  July  28,  1859.  525 

charge  that  an  offer  had  been  made  to  influence  the  vote  of  a  membei- 
of  this  Convention  in  a  corrupt  way,  the  offer  of  a  lot  in  the  town  of 
Lawrence.     That   resolution   was   adopted   and   a    committee   appointed, 
and  that  committee  reported  certain  testimony  which,  by  a  vote  of  this 
Convention,  was  laid  upon  the  table.    In  that  testimony  is  set  forth  that 
Mr.   Hubbard,  of  Doniphan,  swore  positively  that  Mr.   Hutchinson,   of 
Douglas,  had  offered  him,  as  an  inducement  for  him  to  vote  for  locating 
the  capital  at  Lawrence,  a  lot  in  the  town  of  Lawrence — that  was  posi- 
tively sworn  to.     Mr.  Hutchinson  as  positively  swore  that  no  such  offer 
had  been  made;   leaving  the  testimony  equally  balanced;   one  man  had 
sworn  positively  in  the  affirmative,  and  another  in  the  negative.    After- 
wards Mr.  Hubbard  introduced  a  protest  against  the  action  of  the  Con- 
vention, in  which  protest  he  recites  that  Mr.  Hutchinson  came  to  him  in  the 
Convention,  in  the  presence  of  two  persons— two  members — Messrs.  Bar- 
ton and  Burnett,  and  stated  to  him  that  he  had  offered  him  a  lot,  but 
that  the  question  put  to  him  by  the  investigating  committee  was,  whether 
he  offered  lots?     Upon  that  protest  Col.  Slough  introduced  a  resolution 
asking  for  the  appointment  of  a  committee  to  investigate  the  charge  of 
perjury  against  Mr.  Hutchinson.    That  resolution  was  adopted.    The  com- 
mittee was  appointed.    That  committee  reported  the  testimony  taken,  and 
accompanying  that  report  were  two  minority  reports — Col.  Slough  offering 
one,  signed  by  himself  and  Mr.  McCune,  of  Leavenworth,  reciting  that  Mr. 
[*399]     Hutchinson  was  guilty  of  moral  ^perjury,  and  asking  that  the 
Convention  should  expel  him  for  that  cause.    As  an  amendment  to  that 
resolution,  Mr.  Graham,  from  Atchison,  moved  to  add  the  name  of  Mr. 
Hubbard,  alleging  as  a  reason  therefor,  that  Mr.  Hubbard  was  as  guilty 
as  Mr.  Hutchinson.     At  that  stage  of  the  proceedings,   Mr.  Blunt,   of 
Anderson,  moved  to  lay  the  whole  matter  upon  the  table.    Thus  stands 
the  matter  upon  the  record,  casting  an  imputation  upon  the  character 
of  Mr.  Hubbard,  which  he  nor  none  of  his  friends  had  any  opportunity 
to  repel,  for  the  motion  to  lay  on  the  table  cut  off  all  debate.    In  relation 
to  the  motion  made  by  the  gentleman  from  Atchison   (Mr.  Graham)   I 
have  to  say  that  no  charge  was  made  against  Mr.  Hubbard,  and  there 
was  no  testimony  reported  to  show  that  Mr.  Hubbard  was  in  any  way 
as  guilty  as  Mr.  Hutchinson — to  use  the  language  of  the  gentleman.    There 
was  nothing  in  that  testimony  to  show  that  Mr.  Hubbard  had  been  guilty 
of  anything  except  a  refusal  to  receive  a  bribe;  and  thus  an  attempt  was 
made  by  this  indirection,  without  calling  upon  any  committee  for  an  in- 
vestigation, to  stab  the  character  of  Mr.  Hubbard.    I  ask  only  that  justice 
may  be  done  to  all  parties — that  the  testimony  may  be  taken  from  the 
table,  together  with  the  several  reports  submitted  by  the  minorities,  and 
that  this  Convention  may  proceed  to  take  such  action  as  the  testimony 
warrants  them  in  taking. 

.  Mr.  Thacher.  Mr.  President,  I  sincerely  hoped,  at  this  late  stage  of 
the  session,  that  this  matter  would  be  allowed  to  slumber;  because  if  I  had 
been  in  my  place  when  this  matter  was  brought  up,  I  should  have  felt  it 
incumbent  upon  me  to  add  the  names  of  two  other  gentlemen,  who  stand 
convicted  by  testimony  and  by  their  own  confession,  of  offering  their  own 
votes  and  other  of  their  associates  to  make  the  capital  anywhere,  in  order 
to  carry  an  important  measure.  I  should  have  felt  it  incumbent  upon  me 
to  have  presented  their  names,  as  they  stand  guilty  of  the  charge  of  the 
selling  of  principle  to  carry  measures  through  this  body.  I  trust  this  whole 
matter  will  be  allowed  to  sleep  quietly.  The  truth  is,  if  we  enter  into  this 
matter  i,t  will  extend  far  wider  than  we  have  the  time  or  patience  to  pur- 


526  Convention  Proceedings  and  Debates. 

sue.  And  since  the  Convention  in  its  wisdom  has  laid  it  upon  the  table,  I 
hope  the  matter  will  be  allowed  to  rest.  If  not,  1  shall  feel  it  my  duty  to 
pursue  every  member  with  the  same  strict,  even-handed  justice.  The  testi- 
mony did  criminate  Mr.  Hubbard  more  [than]  Mr.  Hutchinson,  and  there 
is  other  evidence  criminating  other  men. 

Mr.  Stinson.     I  would  enquire  of  the  gentleman  from  Douglas  the 
names  of  those  two  persons  whom  he  conceives  are  deeply  criminated. 
Mr.  Thacher.    The  name  of  one  is  Samuel  A.  Stinson. 

Mr.  Stinson.  I  pronounce  the  assertion  here  made  upon  this  floor, 
charging  me  with  corruption,  as  infamously  and  wilfully  false. 

The  President.    The  gentleman  is  out  of  order. 

Mr.  Stinson.    I  say  I  have  the  right  to — 

The  President.    The  gentleman  is  not  in  order. 

Mr.  Stinson.  Allow  me  to  state  that  when  a  grave  charge  is  made 
against  my  personal  character,  I  have  the  right  to  vindicate  it. 

The  President.    The  gentleman  will  keep  within  the  rules  of  decorum. 
Mr.  Stinson.    That  is  the  position  in  which  I  stand. 
Mr.  HipPLE.    Go  on,  Stinson;  go  on! 

The  President.  The  Sergeant-at-Arms  will  take  notice  of  any  mem- 
ber creating  a  disturbance.  The  gentleman  will  confine  himself  to  the 
rules  in  debate. 

Mr.  Stinson.  I  desire  and  design  so  to  do.  I  will  violate  no  courtesy 
in  debate;  but  there  are  times  when  language  which  would  otherwise  be 
out  of  order  becomes  justifiable  by  the  circumstances  of  the  case.  The 
charge  is  made  to  shield  corruption,  to  gild  villainy,  by  attempting  to 
[*400j  throw  an  imputation  upon  the  ^character  of  gentlemen  who 
stand  upon  this  floor  untainted  by  any  act  which  should  throw  a  stain 
upon  a  name.  I  have  avowed  here,  that  I  was  willing,  for  the  sake  of 
carrying  what  I  conceived  to  be  a  great  good  to  this  Territory,  to  yield  a 
matter  which  I  did  not  conceive  to  involve  a  principle.  We  came  here 
and  found  that  a  majority  of  this  Convention  were  disposed  to  vote 
against  the  northern  boundary  being  placed  upon  the  Platte  river;  we  be- 
lieved that  northern  boundary  to  be  a  matter  of  great  importance  to  the 
people  we  represent.  We  found  here  certain  parties  negotiating  for  the 
temporary  capital  of  the  State,  which  we  conceived  to  be  a  matter  of  a 
little  importance — it  makes  but  little  difference  to  me  whether  it  goes  to 
Lawrence  or  Topeka.  But  it  does  make  a  great  deal  of  difterence  whether 
we  acquire  miUions  upon  millions  of  square  miles,  I  apprehend.  And 
when  a  member  gets  up  here  and  attempts  to  cover  up  villain}^ — bribery — 
by  alleging  that  an  act  which  I  deem  innocent,  is  corrupt,  and  branding 
that  act  as  bribery,  when  he  assumes  to  add  my  name  to  it,  I  have  the 
right  of  saying  that  the  charge  is  false. 

The  President.  The  gentleman  is  not  in  order  in  using  language  of  that 
kind. 

Mr.  Stinson.  I  now  desire  the  gentleman  from  Douglas  distinctly  to 
understand  me  upon  this  proposition.  I  desire  him  to  know  what  I  con- 
ceive to  be  the  character  of  a  man  who  is  cowardly  .enough  to  make  such 
an  attack,  and  rascaUy  enough — 

The  President.  Does  the  Chair  understand  the  gentleman  to  make 
such  remarks  in  reference  to  a  member? 


Thursday,  July  28,  1859.  527 

Mr.  Stinson.    I  did,  sir. 

The  President.    The  gentleman  will  confine  himself — 

Mr.  Stinson.  I  will  endeavor  to  do  so.  But  I  desire  a  full  investiga- 
tion of  this  matter.  I  have  the  right  to  have  that  investigation  made.  I 
have  a  right  to  demand  that  this  House  shall  take  action  upon  this  matter, 
and  that  right  I  will  maintain.  I  ask  that  this  resolution  be  taken  from 
the  table.  I  urge  it  upon  members  of  this  Convention  as  a  matter  of  per- 
sonal right;  and  if  this  Convention  dare  expel  me,  then  I  will  go  home 
feeling  that  you,  and  not  I,  stand  here  condemned.  I  claim  this  a  matter 
of  right — as  a  personal  privilege — I  ask  that  this  matter  be  taken  from 
the  table  and  a  vote  be  had  upon  it  with  reference  to  that  matter.  And  in 
so  speaking  I  speak  not  for  myself,  but  there  are  twelve,  I  think  fourteen, 
good  and  loyal  gentlemen  who  occupy  the  same  position  in  relation  to  this 
matter  that  I  do;  most  of  whom  will  beg  you  to  pass  upon  them  the  same 
as  I  desire  you  to  pass  upon  me.  I  have  thought  that  the  rights  of  minori- 
ties here  have  been  violated,  but  I  have  too  much  regard  for  the  personal 
character  of  members  of  this  Convention  to  think,  that  they  will  not  deal 
out  even-handed  justice  even  to  the  minorities.  And  I  now  ask  it  on  be- 
half of  all  the  Democrats  upon  the  floor  of  this  House.  And  in  conclu- 
sion I  will  once  again  say  that  the  charge  of  corruption,  as  far  as  it  reflects 
upon  my  character,  is  hterally,  maliciously  and  damnably  false. 

The  President.    Order,  order.    (Using  the  hammer). 

Mr.  McDowell.    Mr.  President— 

The  President.  The  Chair  will  be  under  the  necessity  of  ruling  gentle- 
men to  a  strict  decorum.  Does  the  Chair  understand  that  the  gentleman 
from  Leavenworth  desires  to  speak  under  the  rules? 

Mr.  McDowell.    I  desire  to  make  a  speech. 

The  President.    Under  strict  rule? 

Mr.  McDowell.  I  expect  to  call  things  by  their  right  names.  I  ex^pect 
to  call  a  liar  a  liar,  and  a  coward  a  coward,  and  no  man  will  prevent  me. 

(Several  members  were  at  this  time  on  their  feet,  and  passing  across 
the  Hall  from  the  right;  and  others  rising  and  standing  in  their  places). 

The  President.  Gentlemen  of  the  Convention  will  take  their  seats. 
[*401]  Members  will  be  seated  on  both  sides.  The  sergeant-at-arms  *will 
preserve  order.    The  gentleman  from  Leavenworth  will  take  his  seat. 

The  Sergeant-at-xArms.  Gentlemen,  take  your  seats!  Go  back  and 
take  your  seats! 

Mr.  McDowell.    ]\Ir.  President — 

The  President.  The  gentleman  will  take  his  seat.  The  Chair  is  pre- 
serving order  and  will  do  so.  The  Chair  will  invite  the  gentleman,  when  he 
will  be  in  order,  to  speak.  The  Chair  enquires  of  the  gentleman  if  he  is 
desirous  of  speaking  witliin  the  rules  of  order  the  Chair  has  laid  down? 

Mr.  McDowell.    Yes,  sir. 

-  The  President.    The  gentleman,  within  that  limit,  will  be  permitted  to 
proceed. 

Mr.  McDowell.  Mr.  President,  the  remarks  of  the  gentleman  from 
Douglas  (Mr.  Thacher)  implicated  me  as  w-ell  as  my  colleague,  who  has 
just  taken  his  seat.  I  stated  before  that  committee  of  investigation  what  I 
stated  upon  the  floor  of  this  Convention,  that  I  regarded  the  location  of 
the  capital  as  a  very  subordinate  matter,  involving  no  principle;  but  that 
I  regarded  the  acquisition  of  north  territory  lying  between  our  present 


528  Convention  Proceedings  and  Debates. 

northern  boundary  and  the  Platte  River,  as  a  matter  of  the  greatest  mo- 
ment and  interest  to  the  future  State  of  Kansas;  I  had  observed  to  many 
that  inasmuch  as  a  majority  of  this  Convention  were  opposed  to  the  ac- 
quisition of  that  territory,  if  enough  of  that  majority  would  go  with  the 
Democratic  side  of  the  House  to  secure  the  acquisition  of  that  territory, 
that  we  would  go  with  them  for  the  location  of  the  Capital.  I  also  offered 
that  proposition  upon  the  floor  of  this  Convention;  and  that  is  what  the 
gentleman  denounces  as  corrupt.  It  does  seem  to  me,  Mr.  President,  that 
the  line  of  demarkation  between  that  veniality  in  legislation,  and  that 
point  where  corruption  begins,  is  obvious  to  any  gentleman's  moral  sense 
however  obtuse  it  may  be.  When  a  gentleman  receives  a  personal  benefit, 
when  he  receives  a  pecuniary  consideration,  when  he  goes  home  with  some- 
thing in  his  pocket  as  the  result  of  his  ignominy,  he  is  guilty  of  moral 
turpitude,  and  he  should  be  branded  as  a  scoundrel.  But  when  a  gentle- 
man receives  no  other  consideration  than  the  addition  of  magnitude  and 
wealth  to  his  State — the  acquisition  of  a  boon  that  makes  his  State  one  of 
the  first  in  the  confederacy — it  is  an  assassin-hke  virtue  that  would  de- 
nounce that  as  bribery.  His  moral  sense  I  must  confess  is  more  acute  than 
my  own.  I  have  had  no  hesitancy  in  making  this  avowal;  and  I  stand  here 
to-day  reiterating  it ;  and  if  that  is  corruption,  I  will  tell  the  Convention  to 
make  the  most  of  it.  I  invite  investigation.  I  have  invited  investigation. 
We  swore  before  the  committee  without  doubt  and  reservation.  We  did  not 
attempt  to  evade  the  truth  because  a  particular  word  was  put  in  the  singu- 
lar, and  not  in  the  plural,  or  in  the  plural  and  not  in  the  singular.  I  have 
invited  the  Convention  to  act  upon  this  testimony  and  I  hope  they  will  do  it. 

Mr.  Griffith.  Mr.  President,  I  understand  that  we  have  almost  com- 
pleted our  labors  and  are  nearly  ready  to  adjourn,  and  I  want  to  know  if 
this  personal  feeling  between  members  upon  the  Republican  side  and  the 
Democratic  side,  should  delay  the  action  of  the  majority;  and  for  the  pur- 
pose of  testing  this  matter,  I  move  that  the  whole  matter  be  laid  upon  the 
table. 

Mr.  Slough.    I  demand  the  yeas  and  nays. 

The  President.  The  Chair  is  a  little  in  doubt  with  regard  to  the  pro- 
priety of  laying  upon  the  table  a  resolution  which  has  for  its  object  the 
calling  from  the  table  of  any  matter.  He  would  suggest  that  the  proper 
way  would  be  to  vote  down  or  adopt  it. 

Mr.  Griffith.    I  withdraw  the  motion. 

Mr.  BuRRis.    I  move  the  previous  question. 

This  demand  was  seconded  by  23  to  6. 

The  President.  The  demand  for  the  previous  question  being  sustained, 
the  question  will  be  upon  the  adoption  of  the  resolution  of  the  gentleman 
from  Leavenworth. 

The  yeas  and  nays  were  demanded,  and  being  ordered  and  taken,  re- 
sulted— yeas  16,  nays  22 — as  follows: 

[*402]  *Yeas — Messrs.  Barton,  Foster,  Forman,  Greer,  Hippie,  Houston, 
McDowell,  McCune,  McClelland,  Parks,  Porter,  Ritchie,  Slough,  Stinson, 
Stiarwalt,  Wrigley — 16. 

Nays — Messrs.  Arthur,  Burnett,  Blunt,  J.  Blood,  N.  C.  Blood,  Burris, 
Crocker,  Dutton,  Graham,  Grifiith,  Hanway,  Ingalls,  Lillie,  Lamb,  Middle- 
ton,  McCullough,  Preston,  Stokes,  Simpson,  Thacher,  Townsend,  Wil- 
Uams — 22. 

So  the  resolution  was  rejected. 


Thursday,  July  28,  1859.  529 

Mr.  Houston.    Mr.  President,  I  will  offer  a  resolution  here: 

"Resolved,  That  we  exonerate  Mr.  Hubbard  from  complicity  in  the 
bribery  case  which  has  been  before  this  Convention." 

A  motion  was  made  to  lay  it  on  the  table. 

Mr.  Blunt.  Mr.  President,  I  move  to  amend  by  including  Mr.  Hutch- 
inson. 

The  President.  The  Chair  does  not  understand  that  the  resolution 
can  be  amended  while  there  is  a  motion  pending  to  lay  on  the  table. 

The  motion  to  lay  on  the  table  was  withdrawn. 

Mr.  Blunt.  I  wish  to  so  amend  the  resolution  that  Mr.  Hubbard  and 
Mr.  Hutchinson  are  not  guilty  of  corruption  to  that  degree  which  would 
demand  expulsion. 

Mr.  Slough.    I  demand  a  division  of  the  question. 

The  President.  The  motion  of  the  gentleman  is  not  in  order;  the  ques- 
tion is  simply  upon  the  amendment  of  the  gentleman  from  Anderson  (Mr. 
Blunt)  as  first  read  and  seconded. 

Mr.  Slough.    I  demand  the  yeas  and  nays. 

Mr.  Blunt.  The  object  I  had  in  view  is  this:  "Resolved,  That  it  is  the 
sense  of  this  House,  that  neither  Mr.  Hubbard  nor  Mr.  Hutchinson  are 
guilty  of  any  act  of  perjury,  fraud  or  corruption,  which  would  justify  ex- 
pulsion. If  the  object  can  be  attained  by  inserting  in  the  resolution  the 
name  of  Mr.  Hutchinson,  I  am  willing.  Or,  if  the  Chair  will  give  me  time, 
I  will  write  a  resolution  which  I  will  offer  as  a  substitute." 

Mr.  Griffith.     Mr.  President,  1  desire  to  drop  a  remark  or  two  in 
connection  with  this  matter.    I  am  not  one  of  those  who  believe  nothing 
wrong  has  been  done  by  these  gentlemen.    I  believe  that  something  wrong 
has  been  done.    But  I  am  not  one  of  those  who  believe  the  testimony  is 
not  sufficient  to  warrant  us  in  taking  the  responsibility  to  expel  any  gentle- 
man from  this  Convention,  nor  sufficient  to  warrant  us  in  adopting  a  reso- 
lution of  severe  censure.    1  should  be  willing  to  have  the  resolution  modi- 
fied in  the  manner  the  gentleman  from  Anderson  (Mr.  Blunt)  proposes.    I 
hold  that  these  gentlemen  have  not  been  as  discreet  and  prudent  as  they 
should  have  been.    But  1  do  not  see  anything  to  be  gained  in  thiS  thing.    I 
am  willing  to  let  the  matter  rest  where  it  does;  and  if  gentlemen  have  in- 
dulged in  conversation  across  the  hall  in  that  which  is  improper,  let  them 
settle  their  own  difficulties,  and  let  not  this  Convention  be  involved  in  it. 
I  was  in  hopes  that  we  would  meet  this  morning  and  pass  upon  the  Consti- 
tution article  by  article,  but  instead  of  that  a  subject  has  been  introduced 
here  that  has  tended  to  alienate  our  feelings.     I  do  not  fear  the  influence 
of  gentlemen  who  desire  to  make  capital;  let  them  have  it — all  they  can 
get.    I  am  not  here  to  vindicate  the  Republican  party,  or  the  Democratic 
party.    I  hold  that  we  are  not  warranted  in  thus  wasting  our  time,  when 
we  are  ready  to  adjourn,  by  creating  angry  discussions.    If  the  gentleman 
had  his  proposition  here  I  think  I  should  be  ready  to  move  to  lay  it  on  the 
table.    I  do  not  yield  the  floor,  because  I  wish  to  know  what  the  nature  of 
his  resolution  is. 

Mr.  Blunt.    Mr.  President,  the  resolution  which  I  desire  to  offer  I  will 
read: 

"Resolved,  That  in  the  opinion  of  this  Convention,  the  testimony  taken 
in  the  case  involving  the  honor  and  integrity  of  Messrs.  Hutchinson  and 

34 — 778 


530  CoxvEXTiox  Proceedings  axd  Debates. 

Hubbard,  is  not  sufficient  to  warrant  this  Convention  in  expelling  the 
above  named  gentlemen." 

Mr.  Griffith  (resuming).  I  do  not  desire,  Mr.  President,  to  make 
any  lengthy  remarks  upon  this  question ;  and  in  what  I  shall  have  to  say  I 
[*403]  shall  endeavor  to  refrain  from  using  personaH*ties.  We  have 
just  \\itnessed  an  exhibition  that  has  tended  to  remind  us  of  the  early  his- 
tory of  Kansas.  I  think  gentlemen  who  have  urged  this  matter  should  be 
contented  now  to  let  it  slumber.  It  has  assumed  a  character  altogether 
personal.  There  seems  to  be  a  desire  on  the  part  of  certain  members  of 
the  House  to  persecute  indi\-iduals  without  any  evidence  in  the  case  war- 
ranting them  to  pursue  a  course  of  action  in  favor  of  it.  There  is  nothing 
that  has  occurred  in  this  Convention  that  I  regret  more  than  the  occur- 
rence this  morning.  From  all  I  have  been  able  to  gather  from  the  testi- 
mony I  do  not  believe  there  has  been  any  case  made  out  that  would  crimi- 
nate Mr.  Hubbard  or  Mr.  Hutchinson  in  any  way.  I  believe — as  I  have 
always  believed — that  they  were  both  honest,  sincere  and  honorable  gentle- 
men. I  believe  especially  that  Mr.  Hubbard  is  as  truthful  and  honorable 
a  man  as  there  is  upon  this  floor,  and  I  think  he  has  been  used  as  a  kind 
of  tool  to  accomplish  a  certain  purpose  in  this  Convention,  and  being  an 
honest,  unassuming  man,  he  was  calculated  to  be  drawn  into  this  difficulty 
without  being  aware  of  its  consequences.  Too  much  has  been  said — too 
much  ink  and  paper  has  been  wasted — and  the  time  of  this  Convention  has 
been  consumed  unnecessarily  in  giving;  importance  to  this  matter;  and  I 
do  think  this  Convention  cannot  surely  entertain  an  idea  that  their  honor 
or  integrity  is  in  any  [way]  affected  by  it.  I  am  glad  to  see  that  a  reform 
in  this  matter  has  taken  place  in  Kansas;  and  particularly  gratified  to 
\\-itness  the  reform  that  party  to  which  gentlemen  on  the  other  side  of  the 
House  belong,  inasmuch  as  the  party  which  they  represent  has  been  con- 
nected with  all  the  frauds  of  this  Territory  which  have  been  perpetrated 
upon  the  people.  I  think  the  repentance  they  now  exhibit  %vill  be  hailed 
by  the  people  of  Kansas  as  a  glorious  indication  of  a  good  time  'acoming.'  I 
think  we  had  just  better  square  accounts  and  begin  anew.  The  more  ill 
feeling  we  create,  the  more  we  involve  ourselves  in  difficulties. 

Mr.  Slough.  Mr.  President,  I  rise  for  the  purpose  of  making  an  amend- 
ment in  the  shape  of  a  preamble  to  the  substitute  offered  by  the  gentle- 
man from  Anderson  (Mr.  Blunt),  and  it  is  this:  that  the  testimony  taken 
in  the  cases  of  the  investigatins;  committees  be  affixed  to  the  substitute  by 
way  of  preamble.  I  propose  briefly  to  state  my  reasons.  The  substitute 
which  the  gentleman  proposes  for  the  conclusion  of  this  matter  is  based 
upon  the  testimony  offered;  and  so  that  the  world  may  kno^y  the  data 
upon  which  we  have  arrived  at  our  conclusion — as  there  is  nothing  upon 
the  record  to  show  that  data — I  propose  that  the  testimony  itself  should 
be  attached  by  way  of  preamble.  It  may  be  we  may  come  to  an  erroneous 
conclusion.  There  is  another  ordeal  besides  that  of  this  Convention  that 
these  gentlemen's  character  have  to  pass  through,  and  that  is  the  ordeal 
of  the  people.  And  it  is  the  right  of  these  gentlemen — it  is  due  to  them — 
that  these  facts,  as  they  have  been  presented,  shall  go  forth  to  the  people, 
as  well  as  the  conclusion  of  this  body.  If  this  resolution  is  adopted — if  this 
position  is  true — it  seems  to  me  that  gentlemen  can  have  no  real  good, 
sound  or  valid  objection  to  the  adoption  of  the  preamble  I  propose.  If, 
however,  the  facts  that  have  been  presented  don't  justify  such  a  conclusion, 
it  is  a  matter  of  right  to  the  people  as  well  as  to  the  parties  implicated, 
that  the  testimony  should  be  presented  to  them;  and  there  is  a  no  more 


Thursday,  July  28,  1859.  531 

appropriate  place  for  it  than  right  here,  by  way  of  preamble,  thus: 
"\\Tiereas  the  following  testimony  has  been  presented  to  this  Convention, 
therefore,  Resolved,"  in  the  language  of  the  gentleman's  substitute.  I 
ask  gentlemen  to  adopt  this  preamble. 

Mr.  Blunt.  Mr.  President,  I  have  no  disposition  to  keep  this  testi- 
mony from  going  to  the  world,  and  so  I  will  very  kindly  and  graciously 
accept  the  amendment  proposed  by  the  gentleman  from  Leavenworth  (Mr. 
Slough). 

Mr.  Griffith.  I  would  inquire  whether  this  testimony  is  not  already 
upon  the  record  of  this  Convention. 

[*404]  Mr.  Slough.  Mr.  President,  I  think  I  can  *answer  the  gentle- 
man's question.  Not  only  is  this  testimony  not  a  matter  of  record,  but 
the  reports  of  the  committees  made  upon  it  does  not  appear  upon  the 
record  of  yesterday.  There  is  nothing  except  to  show  that  resolutions 
were  offered  asking  for  committees  of  investigation,  and  that_  those  com- 
mittees reported  without  stating  what  they  did  report.  It  is  necessary 
that  this  testimony  should  be  made  part  of  the  report,  so  that  the  people 
may  know  what  its  character  is. 

Mr.  Burnett.  I  move  to  indefinitely  postpone  the  resolution  and  the 
whole  subject. 

Mr.  Slough.    I  demand  the  yeas  and  nays. 

They  were  ordered,  and  being  taken,  resulted — yeas  19,  nays  19 — as 
follows: 

Ye.\s— Messrs.  Burnett,  Burris,  J.  Blood.  N.  C.  Blood,  Crocker,  Button, 
Graham,  Griffith,  Hanway,  Hoffman,  Ingalls,  Lamb,  Preston,  Palmer, 
Stokes,  Simpson,  Thacher,  Townsend,  Williams — 19. 

Nays — Messrs.  Arthur,  Blunt,  Barton,  Foster,  Forman,  Greer,  Hippie, 
Houston,  May,  Moore,  McDowell,  McCune,  McCullough,  Porter,  Ritchie, 
Slough,  Stinson,  Stiarwalt,  Wrigley — 19. 

•  Mr.  Kingman,  when  his  name  was  called,  said:  "I  do  not  wish  to  appear 
upon  the  record  as  being  here  and  dodging  the  question,  but  as  I  was  ab- 
sent yesterday  I  could  not  vote  intelligently,  and  I  wish  to  be  excused 
from  voting." 

The  President.    The  motion  to  indefinitely  postpone  is  carried. 

Mr.  Stinson.    Mr.  President,  I  desire  to  offer  the  following  resolution: 

"Resolved,  That  a  committee  of  five  be  appointed  by  the  President,  to 

investigate  the  charge  made  by  the  member  from  Douglas  against  two 

'members  of  this  Convention,  and  that  said  committee  be  instructed  to 

report  at  3  o'clock  this  afternoon." 

Mr.  Thacher.  Mr.  President,  I  made  no  charge  against  the  gentle- 
man from  Leavenworth,  or  anywhere  else.  I  simply  adverted  to  the 
evidence  that  has  been  placed  upon  the  file.  And  now,  that  this  matter 
is  a  little  cooled  off,  I  will  advert  to  the  arguments  which  have  been  sug- 
gested with  respect  to  it.  This  whole  matter  rose  out  of  a  desire  to  crimi- 
nate the  gentleman  from  Douglas  (Mr.  Hutchinson)  because  he  was 
charged  with  offering  a  lot  to  carry  a  certain  measure — to  secure  the 
location  of  the  capital  at  Lawrence.  But  it  is  held  by  gentlemen  that 
this  is  an  indifferent  question,  and  they  had  the  right  to  offer  the  entire 
vote  they  had  in  their  control  for  the  votes  they  needed — because  the 
capital  question  was  an  utterly  indifferent  thing.  They  offered  to  give  or 
sell  their  votes — 1  don't  care  whether  they  use  the  right  words  or  not — 
we  come  back  to  the  direct  proposition  to  give  a  certain  number  of  votes, 


532  Convention  Proceedings  and  Debates. 

provided  they  could  carry  another  proposition  in  which  there  was  a  prin- 
ciple involved.  In  other  words,  as  they  now  explain  it,  they  offered  to  sell 
or  gi\e  upon  a  question  in  which  there  was  no  principle  involved,  to  buy 
votes  for  a  measure  in  which  there  was  a  principle  involved.  The  charge 
against  my  colleague  is,  that  he  offered  to  pay  a  lot  where  there  was  no 
principle  involved;  instead  of  a  lot  gentlemen  say  they  offered  votes.  If 
x-y,  in  algebraic  language — if  you  offered  what  you  considered  an  equiva- 
lent, for  votes  to  acquire  this  Southern  Nebraska  territory,  what  position 
does  it  leave  you  in?  I  say  if  this  evidence  proves  anything,  it  proves 
that  you  offered  to  bribe  us  to  sacrifice  our  votes  upon  a  question  of 
principle  for  your  votes,  upon  a  question  in  which  there  was  no  principle, 
as  you  say.  You  cannot  plead  "not  guilty"  to  this  proposition.  It  is  there 
by  your  own  confession,  gentlemen,  you  stand  in  this  awkward  predicament, 
and  no  angry  words  will  allow  you  to  escape  from  it.  You  stand  before 
the  country  as  trying  to  bribe  us  by  a  gift  of  the  capital  for  a  certain 
number  of  votes,  to  get  the  boundary  question  settled  as  you  want  it. 
It  stands  out,  clear  and  unmistakable.  You  complain  of  my  colleague,  be- 
cause he  offered  a  lot  to  buy  a  vote  upon  a  question,  whilst  you  offered 
to  sell  a  number  of  votes  to  carry  your  measure.  In  other  words:  if  my 
colleague  had  offered  you  a  vote,  there  would  be  no  crimination;  but,  in- 
[*405]  *stead  of  a  vote,  he  offered  a  lot,  and  therefore  he  stands  crimi- 
nated. You  say  if  man  does  not  go  home  with  an  equivalent — with  some- 
thing in  his  pocket — for  which  he  has  sold  the  vote  his  constituents  reposed 
in  him,  he  is  not  criminated;  but  if  he  has  offered  in  market  a  vote — 
offered  to  barter  the  trust  that  his  constituents  reposed  in  him — he  has 
not  sacrificed  anything!  On  the  other  hand,  if  your  position  proves  any- 
thing, it  proves  my  colleague  offering  a  bribe  in  a  case  where  there  was  no 
principle  involved,  and  you  attempt  to  make  a  crime  out  of  it.  I  trust 
gentlemen  will  not  get  angry  at  me  about  it.  I  did  not  place  you  there; 
the  facts,  as  they  have  gone  upon  the  record,  place  you  there.  When 
gentlemen  talk  about  assassins,  stabs,  &c.,  &c.,  it  strikes  me  they  make  a 
great  mistake.  I  refer  simply  to  the  evidence,  and  that  shows  that  a 
large  number  proposed  to  go  en  masse  for  Lawrence,  if — gentlemen  will 
remember  that  "if"  is  a  very  valuable  word  in  Shakespeare — if  the  Douglas 
delegation  would  vote  for  the  Platte  river  boundary.  It  was  an  attempt 
to  bribe  that  delegation,  because  we  held  the  location  of  that  capital 
very  dear.  We  wanted  to  see  it  located  at  Lawrence,  but  we  were  willing 
to  allow  the  people  to  pass  upon  it..  I  perceive  that  some  of  my  friends 
cherish  bitterness  upon  that  score.  I  do  not.  I  say  that  to  every  candid, 
generous,  reflecting  mind — to  every  legal  mind — the  evidence  carries  but 
this  proposition.  No  talk  about  bribes  or  stabs  can  wipe  away  the  record 
which  you  yourselves  have  made.  You  ought  not  to  blame  me.  You  tr>' 
to  make  a  distinction  between  tweedle-dum  and  tweedle-dee. 

"Sharp  optics,  indeed,  it  takes,  I  ween, 
To  see  things  that  cannot  be  seen." 

When  my  colleague  offered  a  lot  to  carry  through  a  question  in  which 
there  was  no  principle,  gentlemen  say  he  did  so  at  the  sacrifice  and  loss  of 
honor;  but  when  they  offer  votes  to  carry  a  measure,  it  is  a  different 
thing.  I  have  no  hard  feelings,  and  I  wish  none.  Things  had  been  pushed 
far  enough.  My  own  sense  of  justice  had  been  violated  long  enough  with 
reference  to  an  attempt  to  fasten  down  upon  one  "of  my  colleagues  the 
charge  of  corruption.  You  were  trying  to  pull  the  mote  out  of  your 
brother's  eye,  but  did  not  see  the  beam  in  your  own.  I  thought  it  was  best 
to  say  so.    I  believe  so.    The  evidence  is  there  (pointing  to  the  Reporter's 


Thursday,  July  28,  1859.  533 

desk),  and  it  will  go  [to]  the  people  of  Kansas;  and  that  evidence  will  be 
this:  the  Democratic  party  offered  to  sell  their  entire  vote,  to  carry  votes 
for  the  boundary  line,  and  they  were  repulsed.  This  is  the  testimony, 
gentlemen,  in  a  nut-shell.  I  wish  to  say,  in  conclusion,  that  I  see  there  is 
some  hard  feelings  manifested  here,  but  that  I  have  none  with  regard  to 
anything  or  any  gentlemen  present.  The  evidence  is  already  before  us,  and 
I  don't  think  there  is  any  evidence  sufficient  to  justify  any  severe  censure. 
I  am  willing  the  record  should  be  held  up  to  the  hght,  and  let  the  people 
pronounce  upon  it. 

j\'r.  Stiarw.\lt.  Mr.  President,  gentlemen  have  forgotten  that  the  last 
proposition — the  one  offered  by  Col.  Slough — was  not  whether  he  (Mr. 
Hutchinson)  offered  to  buy  a  vote  or  not,  it  was  this:  he  had  sworn  he  did 
not,  and  the  other  swore  he  did.  There  was  the  question:  the  last  instance 
was  a  case  of  perjury  (alleged)  not  whether  these  gentlemen  have  ex- 
changed their  votes  upon  any  question.  It  is  not  whether  or  not  he  offered 
a  lot  in  Lawrence  for  a  vote;  it  is  because  he  swore  he  did  not,  and  the 
other  gentleman  swears  he  did.  He  then  afterwards  comes  up  and  says  he 
did.    The  question  rests  right  there. 

Mr.  Griffith.  Air.  President,  if  the  two  gentlemen  from  Leavenworth, 
aft^r  hearing  the  explanation  of  the  gentleman  from  Douglas  (Mr. 
Thacher)  will  not  accept  of  it,  I  am  bound  to  vote  for  the  resolution.  I 
think  they  demand  nothing  but  what  is  their  ri?ht,  but  it  does  not  seem  to 
me  that  when  the  explanation  is  made  by  the  gentleman  from  Douglas, 
they  should  insist  upon  it.    I  would  ask  them  if  they  do. 

Mr.  Stinson.    We  do. 

Mr.  BuRRis.  Mr.  President,  I  feel  disposed  to  let  the  gentlemen  have 
[*406]  an  investigating  ^committee  to  look  into  any  matter  or  any 
charges  that  may  have  been  preferred  against  them,  but  as  I  understand 
it,  there  is  no  charge  preferred  against  any  one.  I  have  not  heard  any 
charge,  and  the  gentleman  from  Douglas  stated  he  had  made  none.  I  am 
sure  there  is  no  charge  aiainst  any  gentleman.  If  there  was,  I  should  feel 
disposed  to  allow  an  investigating  committee,  but  to  my  mind  there  is  no 
charge,  and  I  therefore  move  [to]  lay  the  resolution  on  the  table. 

Mr.  Stinson.    Will  the  gentleman  withdraw  for  a  moment? 

Mr.  BuRRis.    Certainly. 

Mr.  Stinson.  The  position  I  occupy  is  simply  this:  that  although  no 
charge  may  have  been  made — I  do  not  know  what  you  call  it — it  has  been 
stated  that  we  were  equally  guilty  with  a  man  who  had  attempted  to  bribe 
another  with  the  offer  of  a  lot  as  a  direct  compensation  to  secure  votes. 
I  do  not  know  what  it  means,  but  to  my  common  understanding,  it  means 
we  are  guilty  of  bribery;  and  all  I  ask  is,  that  the  Convention  will  inves- 
tigate that  matter;  and  I  shall  insist  upon  a  committee  for  that  purpose. 

Mr.  Blunt.  Mr.  President,  I  am  at  a  loss  to  know  what  this  committee 
has  got  to  do  if  raised.  There  has  been  no  charge  preferred  against  any 
member  upon  this  fioor,  that  I  know  of  for  this  committee  to  investigate.  I 
understand  that  the  gentleman  from  Douglas  (Mr.  Thacher)  merely  draws 
his  conclusions  from  the  testimony  presented.  He  has  made  no  charge,  and 
inasmuch  as  the  testimony  which  the  gentleman  from  Douglas  bases  his 
remarks  upon  to  be  spread  before  the  world,  it  is  for  the  people,  in  com- 
mittee of  the  whole,  to  determine  who  offered  a  bribe,  and  who  did  not. 

A  motion  was  made  to  lay  the  resolution  on  the  table. 

Mr.  Stinson  demanded  the  yeas  and  nays,  and  they  were  ordered,  and 
being  taken,  resulted— yeas  26,  nays  IS — as  follows: 


534  Convention  Proceedings  and  Debates. 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Button,  Graham,  Hutchinson,  Hanway,  Ingalls,  Kingman,  Lillie, 
Lamb,  Middleton,  May,  McCullough,  Preston,  Porter,  Signor,  Stokes,  Simp- 
son, Thacher,  Townsend,  Wilhams — 26. 

'  Nays — Messrs.  Barton,  Foster,  Forman,  Greer,  Griffith,  Hippie,  Hous- 
ton, Moore,  McDowell,  McCune,  McClelland,  Palmer,  Parks,  Ritchie, 
Slough,  Stinson,  Stiarwalt,  Wrigley — 18. 

So  the  resolution  was  laid  on  the  table. ^ 

printing  and  distributing  of  the  constitution. 

Mr.  Hutchinson.    Mr.  President,  I  offer  the  following  resolutions: 

"Resolved,  That  twenty  thousand  copies  of  the  new  Constitution  to  be 
submitted  to  the  people  on  the  first  Tuesday  of  October  next,  together  with 
the  resolutions,  be  printed  for  gratuitous  distribution  among  the  qualified 
electors  of  Kansas,  and  that  the  chairman  of  the  committee  on  printing  be 
authorized  to  issue  scrip  for  printing  the  same. 

Resolved,  That  the  chairman  of  the  committee  on  printing  be  instructed 
to  send  four  hundred  copies  of  the  above  Constitution  to  each  member  of 
this  Convention,  whose  duty  it  shall  be  to  distribute  them  among  the 
people." 

Mr.  Hutchinson.  Mr.  President,  it  has  been  suggested  to  me  that 
there  should  be  an  amendment  to  the  resolution,  providing  for  a  certain 
number  of  copies  in  the  German  language.  I  propose  to  include  five 
thousand  copies  in  German.    I  propose  to  add  the  following: 

"Resolved,  That  five  thousand  copies  of  the  Constitution  be  printed  in 
German,  for  distribution  among  the  qualified  voters." 

Mr.  Griffith.  It  occurs  to  me  that  that  would  be  more  than  necessarj'. 
Are  there  so  many  German  voters  in  the  Territory? 

Mr.  Hutchinson.    I  believe  there  are. 

Mr.  Griffith.    Then  I  have  no  objection. 

The  resolution,  as  modified,  was  then  adopted. 
[*407]  *western  boundary. 

Mr.  Greer  submitted  the  following: 

"Resolved,  That  the  committee  on  phraseology  and  arrangement  be  in- 
structed to  recommend  that  the  words  'twenty-third'  in  the  eighth  line 
from  the  bottom  of  the  preamble  to  the  bill  of  rights,  be  stricken  out,  and 
the  words  'twenty-fifth'  be  inserted  in  their  place."  (Having  reference  to 
the  meridian  of  the  western  boundary  of  the  State), 

Mr.  Wrigley.    I  desire  to  offer  an  amendment. 

The  President.  The  Chair  is  of  the  opinion  that  the  resolution  of  the 
gentleman  is  out  of  order.  A  motion  to  reconsider  that  has  been  made  and 
laid  on  the  table,  which  cuts  off  further  action,  unless  by  general  consent. 

Mr.  BuRRis.    I  object. 

allowance  to  the  secretary. 
Mr.  Ingalls  submitted  the  following,  which  was  adopted: 
"Resolved,  That  the  Secretary  of  the  Convention  be  allowed  thirty  days 
after  adjournment,  with  the  usual  pay,  for  the  purpose  of  completing  the 
journals,  preparing  copies  of  the  Constitution,  and  closing  up  the  business 
of  the  session." 

'Note. — Mr.  Hutchinson  made  an  explanation  of  the  matter  in  a  letter  to  Mr.  F.  G. 
Adams  in  1898.     See  7  Kan.  Hist.  Col.,  409. 


Thursday,  July  28,  1859.  535 

verification. 

The  President.  The  Chair  learns  that  the  Constitution,  as  it  has  been 
arranged  under  the  supervision  of  the  committee  on  phraseology  and  ar- 
rangement, has  been  printed  and  will  be  at  once  delivered  by  the  mes- 
sengers; and  he  suggests  that  it  would  be  better  economy  of  time,  perhaps, 
to  defer  this  miscellaneous  business,  and  proceed  at  once  to  the  verification 
of  the  Constitution. 

Mr.  Kingman  submitted  the  following: 

"Resolved,  That  this  Convention  will  now  proceed  to  consider  the  several 
articles  of  the  Constitution,  for  the  purpose  of  verifying  the  same,  and 
thereupon  it  is  ordered  that  during  said  reading  no  amendments  shall  be 
in  order." 

Mr.  Stinson.  Mr.  President,  is  it  contemplated  by  that  to  cut  off  all 
amendments  ? 

The  President.  It  is  in  the  power  of  the  Convention  to  control  its  own 
proceedings.  If  the  resolution  is  adopted,  no  amendment  can  be  made 
during  the  reading. 

Mr.  Stinson.  It  seems  to  me,  if  amendments  are  to  be  made,  now  is  the 
time.  But,  as  I  understand  it,  the  resolution  utterly  precludes  amendment, 
and  all  we  have  to  do  is  to  stay  here  in  our  places  while  the  reading  goes 
on,  and  see  whether  the  type  is  correct. 

The  resolution  was  adopted. 

Mr.  Ingalls.  Mr.  President,  on  behalf  of  the  committee  on  phraseology 
and  arrangement,  I  now  return  and  submit  the  several  articles  of  the  Con- 
stitution, which  have  been  referred  to  that  committee  for  arrangement  and 
enrollment. 

(He  submitted  a  printed  copy  of  the  Constitution.) 

The  President.  During  the  reading,  members  are  requested  to  dis- 
pense with  conversation  in  the  hall,  and  the  Sergeant-at-Arms  will  see  that 
the  same  order  is  observed  in  the  lobbies. 

The  ordinance  chapter  having  been  read — 

Mr.  Ingalls.    Mr.  President,  this  copy  still  has  many  errors. 

Mr.  Slough.  I  would  suggest  the  propriety  of  referring  it  to  a  select 
committee,  to  consist  of  the  chairman  of  the  committee  on  phraseology 
and  printing  and  the  President  of  the  Convention. 

Mr.  Kingman.  I  second  the  motion,  and  propose  to  add  Col.  Slough  to 
the  committee. 

The  motion  was  agreed  to;  and  so  the  Constitution  was  referred  again 
for  correction  of  the  enrollment,  to  Messrs.  Ingalls,  Ross,  Winchell  and 
Slough. 

Two  further  reports  from  the  conamittee  on  accounts  (the  accounts  of 
the  printer  and  Mr.  Meyer)  were  disposed  of,  and  then — 

The  Convention  took  a  recess  till  3  o'clock,  p.  m. 


[*408]  ^AFTERNOON  SESSION. 

preamble  and  bill  of  rights. 

Mr.  Ingalls,  from  the  select  committee  appointed  yesterday  to  collate 
and  correct  the  printed  by  the  engrossed  copy,  reported  a  revised  copy  of 
the  Preamble  and  Bill  of  Rights  of  the  Constitution,  and  on  his  motion 
the  proceedings  in  verification  were  resumed. 


536  Convention  Proceedings  and  Debates. 

The  Preamble  and  Bill  of  Rights  having  been  read  through  by  the 
Secretary — 

Mr.  J.  Blood.    Mr.  President,  will  a  motion  to  amend  be  now  in  order? 

The  PREsroENT.    The  Chair  will  entertain  the  preliminary  motion. 

Mr.  J.  Blood.  I  move  to  amend,  in  the  5th  section,  by  striking  out  the 
words  "persons  of  every  condition,"  and  inserting  these  words:  "all  cases 
in  law." 

The  President.  Has  not  that  been  moved  and  rejected?  If  the  Chair 
is  not  mistaken,  that  motion  was  made  by  Mr.  McDowell. 

Mr.  Stinson.  That  was  a  motion  to  strike  out,  merely.  I  propose  to 
amend  the  amendment  by  adding  "and  State  courts." 

Mr.  J.  Blood.  I  do  not  think  that  is  necessary.  I  do  not  propose  to 
debate  the  question.  I  presume  every  member  of  the  Convention  sees  as 
well  as  I  do  the  propriety  of  the  amendment. 

Mr.  Wrigley.  Mr.  President,  I  desire  to  say,  that  in  my  judgment,  to 
strike  out  and  insert  these  words  would  in  no  respect  alter  the  sense  of 
the  section.  The  matter  has  already  been  before  the  Convention,  and  its 
practical  workings  are  pretty  well  understood.  Perhaps  it  was  intended 
by  the  majority — indeed  it  has  not  been  denied — that  this  was  intended  to 
extend  the  right  of  trial  by  jury  to  fugitive  slaves  in  this  State,  in  defiance 
of  the  laws  and  Constitution  of  the  United  States.  It  occurs  to  me  that 
to  make  the  substitution  here,  as  the  gentleman  proposes,  would  in  no 
respect  change  the  sense  of  the  section,  for  the  question  would  arise  in 
the  trial  of  a  case  where  the  owner  was  attempting  to  capture  a  fugitive, 
whether  it  is  a  case  at  law.  In  my  judgment  it  would  be  a  case  at  law 
clearly.  So  the  right  of  trial  by  jury  would  extend  to  the  fugitive;  and 
this  leaves  the  section  liable  to  all  the  objections  to  it  as  it  now  stands. 
I  would  move  that  the  words  be  stricken  out  without  any  substitution,  so 
that  the  section  would  read  sunply— "The  right  of  trial  by  jury  shall  be 
inviolate." 

The  President.  Gentlemen  are  too  fast.  The  Chair  will  entertain  the 
preliminary  motion,  wliich  is  to  reconsider  the  section. 

Mr.  J.  Blood.    I  move  to  reconsider  the  vote  adopting  the  5th  section. 

The  section  was  reconsidered.    It  is  as  follows: 

"Sec.  5.  The  right  of  trial  by  jury  shall  be  inviolate,  and  extend  to  per- 
sons of  every  condition;  but  a  jury  trial  may  be  waived  by  the  parties  in 
all  cases,  in  the  manner  prescribed  by  law." 

Mr.  J.  Blood.    I  now  move  to  amend  in  the  manner  proposed. 

The  President.  The  motion  is  not  in  order.  Precisely  the  same  mo- 
tion has  been  made  by  the  gentleman  from  Leavenworth  (Mr.  McDowell) 
and  voted  down. 

Mr.  J.  Blood.  Then  I  move  to  strike  out  the  balance  of  the  section 
after  the  word  "inviolate." 

Mr.  Stinson.    I  second  the  motion. 

The  motion  prevailed,  and  the  words  were  accordingly  stricken  out. 

On  motion  by  Mr.  Burris,  the  section,  as  amended,  was  passed. 

the  western  boundary. 

Mr.  May.    Mr.  President,  I  move  to  reconsider  the  Preamble. 

The  President.  The  Chair  is  of  the  opinion  that  it  cannot  be  done 
without  unanimous  consent.     It  will  be  so  taken,  without  objection. 


Thursday,  July  28,  1859.  537 

Mr.  May.  I  wish  to  move  to  reconsider  to  enable  me  to  move  to 
strike  out  the  words  "twenty-third."  If  gentlemen  will  look  at  it,  they 
[*409]  will  see  that  with  this  boundary  we  *would  have  a  very  small 
gtate— with  not  over  thirty-three  thousand  square  miles,  if  it  only  goes 
to  the  twenty-third  desree.  If  it  goes  to  the  twenty-sixth  degree,  we  will 
have  only  about  seventy-three  thousand  square  miles — about  the  same 
area  of  the  State  of  Iowa— and  I  think,  for  the  new  State,  that  would  be 
small  enough.  And  then,  with  the  23d  degree,  the  amount  of  land  that  we 
are  asking  Congress  to  devote  to  us  could  hardly  be  found  in  the  State, 
after  the  Indian  reserves  and  lands  entered  are  taken  out.  I  am  satisfied 
that  if  the  line  runs  as  now  proposed,  a  great  many  will  oppose  the  Con- 
stitution. I  am  confident  that  a  majority  of  my  constituents  would  oppose 
it  on  that  ground,  if  on  no  other.  I  have  just  returned  here  from  amongst 
them,  and  have  conversed  freely  with  the  people  on  the  question,  and 
many  have  told  me  they  would  oppose  the  Constitution  with  the  twenty- 
third  degree  for  the  western  boundary.  I  therefore  ask  general  consent 
to  reconsider. 

Mr.  Stinson.  How  many  miles  back  would  the  twenty-sixth  degree 
carry  us? 

Mr.  May.  A  little  over  three  hundred  miles.  The  twenty-third  degree 
is  only  one  hundred  and  ninety-six  miles. 

Mr.  BuRRis.  Would  not  the  gentleman  be  willing  to  say  the  twenty- 
fifth  degree?    I  think  he  is  mistaken  as  to  the  distance. 

Mr.  May.  The  gentleman  can  make  the  calculation.  A  degree  of 
longitude  is  fifty-six  miles.  The  twenty-sixi;h  degree  just  brings  us  to 
the  New  Mexico  line,  and  leaves  out  about  two  hundred  miles  in  the 
Pike's  Peak  range. 

Mr.  J.  Blood  and  Mr.  Hutchinsox.  I  wish  the  gentleman  would  in- 
sert the  twenty-fifth. 

Mr.  May.  Well,  I  will  say  the  twenty-fifth.  (Agreed,  agreed.) 
The  Preamble  was  now  reconsidered.  It  is  as  follows: 
"We,  the  people  of  Kansas,  grateful  to  Almighty  God  for  our  cival  and 
religious  privileges,  in  order  to  insure  the  full  enjojonent  of  our  rights  as 
American  citizens,  do  ordain  and  establish  this  Constitution  of  the  State 
of  Kansas,  with  the  following  boundaries,  to-wit:  Beginning  at  a  point 
on  the  western  boundary  of  the  State  of  Missouri,  where  the  thirty-seventh 
parallel  of  north  latitude  crosses  the  same,  thence  running  west  on  said 
parallel  to  the  twenty-third  meridian  of  longitude  west  from  Washington, 
thence  north  on  said  meridian  to  the  fortieth  parallel  of  north  latitude, 
thence  east  of  the  said  parallel  to  the  western  boundary  of  the  State  of 
Missouri,  thence  south  with  the  western  boundary  of  said  State  to  the 
place  of  beginning." 

Mr.  May.    I  now  propose  to  strike  out  the  words  "twenty-third,"  and 
insert  in  lieu  thereof  the  words  "twenty-fifth." 
The  amendment  was  adopted. 

Mr.  Wrigley.    Mr.  President,  I  propose  the  following: 
"That  the  boundaries  reported  in  the  preamble  be  so  altered  that  the 
western  boundary  shall  precisely  coincide  with  the  boundary  fixed  by  law 
in  the  Act  of  Congress  approved  March,  1854,  organizing  the  Territories 
of  Kansas  and  Nebraska." 

The  President.    The  proposition  is  out  of  order.    The  reconsideration 
was  for  a  specific  purpose. 

The  Preamble,  as  amended,  was  now  again  passed. 


538  Convention  Proceedings  and  Debates. 

PERSONAL  explanation. 

Mr.  McDowell.  Mr.  President,  I  rise  to  a  personal  explanation. 
Recognizing  personally  the  duty  devolved  upon  me  as  a  member  of  this 
Convention,  to  observe  its  rules,  and  all  other  wholesome  rules  of  decorum^ 
I  wish  to  conform  to  my  notions  of  propriety  by  making  now  this  state- 
ment. This  morning,  in  a  momentary  feeling  of  excitement — justified,  as 
I  then  thought,  and  still  think,  by  a  desire  to  notice  a  charge  made  against 
my  character — I  violated  one  of  our  rules  in  defying  the  order  of  an  officer 
of  this  Convention.  For  that  violation  of  the  rules,  I  deem  it  my  duty 
[*410]  *to  apologize  to  the  Convention.  While  I  do  that,  however,  I 
must  be  understood  as  not  retracting  a  syllable  of  the  remark  I  made  to 
Mr.  Thacher. 

The  President.    The  gentleman  should  avoid  using  names  in  debate. 

Mr.  McDowell.    The  gentleman  from  Douglas. 

On  motion  by  Mr.  Griffith,  the  Ordinance,  Preamble  and  Bill  of 
Rights  were  now  finally  passed  and  ordered  to  enrollment. 

The  President:  The  select  committee  will  be  able  to  report  upon  the 
collation  of  the  first  Article  in  the  course  of  an  hour. 

On  motion  by  Mr.  Simpson,  the  Convention  took  a  recess  of  one  hour. 

The  President  resumed  the  Chair  at  the  expiration  of  the  recess. 

amendment  of  the  rules — two-thirds'  rule. 

Mr.  Graham  offered  the  following: 

"No  portion  of  the  Constitution,  as  adopted,  shall  be  reconsidered  nor 
any  rule  suspended,  except  by  the  vote  of  two-thirds  of  the  members 
elected  to  this  Convention." 

Mr.  Stinson.  Mr.  President,  I  hope  that  will  not  pass.  I  see  no  neces- 
sity for  it;  and  certainly  this  is  no  time  to  take  advantage  in  that  way  of 
those  desirous  of  amendment. 

Mr.  Graham.  I  introduced  this  for  the  purpose  of  removing  a  doubt 
on  the  minds  of  some,  as  to  whether  it  does  not  properly  require  two- 
thirds  to  suspend  a  rule.    I  think  it  does. 

Mr.  Wrigley.  Mr.  President,  I  do  not  wish  to  say  anything  but  to  ex- 
press the  hope  that  the  Convention  will  not  adopt  this  rule.  I  think  I  sec 
a  disposition  on  all  sides  to  so  arrange  this  Constitution,  as  in  their  judg- 
ment will  make  it  satisfactory  to  the  people  and  secure  our  admission  into 
the  Union.  I,  for  one,  feel  an  earnest  desire  that  this  Convention  should 
adopt  an  acceptable  Constitution,  and  I  believe  that  but  a  few  changes 
are  necessary  to  make  it  so.  Let  us  then  confer  together  in  a  friendly 
manner  and  make  these  changes,  and  not  seek  to  cut  them  off  by  the 
adoption  of  a  two-thirds  rule. 

Mr.  Griffith.  Mr.  President,  I  concur  heartily  in  the  last  remark  of 
the  gentleman  from  Doniphan.  If  his  amendments  have  merit,  they  will 
undoubtedly  commend  themselves  even  to  three-fourths  of  the  body.  I 
am  in  favor  of  this  amendment  of  the  rules.  It  will  save  time.  Perhaps 
every  member  will  have  something  new  to  introduce.  It  will  discourage 
the  introduction  of  doubtful  matter.  Amendments  really  necessary  cannot 
fail  to  commend  themselves  to  two-thirds  of  the  body. 

Mr.  Wrigley.  For  instance,  there  may  be  a  good  many  changes  sug- 
gested by  members,  not  of  a  partisan  character.  I  will  name  one — the  re- 
instating of  the  right  of  waiver  of  the  trial  by  jury.    It  strikes  me,  that 


Thursday,  July  28,  1859.  539 

the  want  of  such  a  provision  will  be  felt  in  many  cases  of  assault  and 
battery  before  a  justice  of  the  peace.  But  such  a  change  might  not  com- 
mend itself  to  two-thirds. 

Mr.  Griffith.    I  see  no  good  reason  yet  for  opposing  the  rule. 

Mr.  President  Winchell  (Mr.  Townsend  in  the  chair).  Mr.  Presi- 
dent, I  am  surprised  that  gentlemen  should  go  against  the  adoption  of  this 
rule.  It  is  a  rule  common  to  all  parliamentary  bodies.  It  should  have 
prevailed  here  from  the  first;  and  it  has  been  the  opinion  of  some  that  it 
did  prevail.  No  such  rule,  however,  stands  on  the  record.  If  ever  a  rule 
of  this  kind  is  necessary,  it  is  in  the  last  moments  of  a  session,  when  every 
topic  has  been  discussed  and  decided  upon,  and  the  minds  of  members 
have  become  relaxed,  and  they  have  ceased  to  guard  vigilantly  against 
those  influences  of  which  interested  individuals  would  be  most  likely  to 
take  advantage.  These  are  times  when  new  propositions  of  a  striking 
character  are  brought  up,  and  when  we  would  be  most  liable  to  permit 
changes  to  be  made  which  may  be  afterwards  regretted.  Inasmuch  as  the 
rule  proposes  nothing  but  what  is  usual,  it  seems  to  me  that  every  member 
[*411]  *ought  to  be  in  favor  of  it — it  will  tend  so  much  to  expedite 
business. 

Mr.  McDowell.  Mr.  President,  that  reasoning  may  be  good.  The  rule 
may  be  appUcable  to  all  deliberative  bodies.  But  I  think  there  is  no 
occasion  now  for  its  adoption  here.  I  wish  to  state,  that  I  came  here  with 
a  desire  and  design  to  help  to  make  a  Constitution  that  would  be  acceptable 
to  the  whole  people  of  Kansas — a  Constitution  about  which  there  should 
be  no  controversy  as  to  its  acceptance  when  submitted  to  people.  But 
there  are  now  provisions  in  it  that  I  think  ought  to  be  slightly  amended, 
and  I  think  there  is  a  feeling  favorable  to  these  amendments — so  that  gives 
me  hopes  that  we  shall  yet  have  a  Constitution  that  will  be  satisfactory  to 
the  people — that  will  receive  their  sanction — and  in  relation  to  which  there 
will  be  no  factious  opposition.  I  do  not  think  any  more  discussion  is 
contemplated.  I  do  not  think  any  new  proposition  will  be  sprung.  I  think 
all  the  desire  for  amendments  is  confined  to  changes  in  some  of  the  sections 
in  such  particulars  as  have  been  already  before  us.  It  will  be  recollected 
that  some  of  the  sections  have  been  hurried  through.  We  desire  to  ask  the 
Convention  to  make  some  slight  alterations.  They  have  already  made 
some  changes  that  have  been  highly  satisfactory  to  this  side  of  the  House, 
and,  as  I  trust  they  will  be,  to  the  whole  people.  And  if  these  changes  to 
which  I  refer  cannot  be  made  by  a  majority,  they  probably  cannot  be  made 
at  all.  I  do  hope,  that  in  the  spirit  of  kindness  and  conciliation  this  amend- 
ment to  the  rules  will  be  voted  down;  and  that  any  member  may  submit 
his  amendments  as  heretofore,  and  if  a  majority  see  fit,  they  may  be 
carried. 

Mr.  President  Winchell.  I  do  not  desire  to  make  a  speech,  sir.  But 
it  is  very  evident  from  the  remarks  of  the  gentleman  from  Leavenworth, 
that  he  does  not  wish  us  to  see  that  he  understands  this  opposition.  He 
says  the  object  is  to  amend  only  slightly.  But  in  truth,  there  is  in  con- 
templation over  there  amendments  of  very  serious  importance,  and  which 
will  be  carried  if  gentlemen  are  not  guarded.  He  alludes  to  amendments  al- 
ready made  and  the  general  satisfaction  with  which  they  are  received. 
Sir,  i  apprehend  that  this  also  is  a  mistake.  I  do  not  myself  recognize  the 
beneficent  character  of  some  of  the  amendments  that  have  been  made 
since  the  reconsideration  by  the  majority  began  to  be  permitted.  And 
there  is  danger  in  this.  I  give  my  Republican  friends  great  credit  for  hav- 
ing so  well  enforced  and  sustained  the  principles  in  this  body.    They  have 


540  Convention  Proceedings  and  Debates. 

achieved  some  advantages  for  freedom,  which  I  ^propose  neither  to 
give  away,  nor  to  permit  those  who  have  fought  us  so  strenuously  through- 
out the  session,  to  come  in  now  and  secure  equal  advantages  with  ourselves. 

Mr.  Houston.  Mr.  President,  the  last  argument  of  the  gentleman  from 
Osage,  1  rejiard  as  nonsensical.  It  must  be  admitted  that  there  are  meas- 
ures in  this  instrument  not  as  sound  as  they  ought  to  be,  and  he  is  afraid  to 
risk  them  under  the  ordeal  of  a  majority.  I  do  not  so  much  lack  confi- 
dence in  the  Republican  party.  If  there  is  anything  which  the  party  has 
adopted  that  is  wrong  and  ought  to  be  changed — I  do  not  see  that  there  is 
any  such  thing — but  if  there  is,  the  change  should  be  made.  I  regard  it  as 
a  reflection  upon  the  RepubUcan  party  to  admit  with  the  gentleman  that  we 
are  afraid  of  the  influence  and  the  ingenuity  which  others  may  wield  over  us. 
He  says  the  two-thirds  rule  is  a  parliamentary  law;  but  in  the  former 
part  of  the  session  I  recollect  that  he  declared  that  the  authority  vested  in 
this  body  was  above  all  law  and  legislation. 

Mr.  Winchell  (interrupting).  I  suppose  we  are  not  above  our  own 
rules.    That  is  all  that  is  meant  by  parliamentary  law. 

Mr.  Houston.  I  confess  that  I  do  not  very  well  understand  parlia- 
mentary arrangements.  But  I  am  not  afraid  of  the  influences  to  which  the 
gentleman  referred.  I  think  every  man  here  is  wide  awake.  I  am  not 
afraid  that  any  proposition  will  be  smuggled  in  here  unawares.  Then  do 
[*412]  not  let  us  tie  up  our  hands  by  this  rule.  Let  *us  not  be  afraid  of 
the  minority.  I  cannot  concede  so  much  to  the  other  side.  I  respect  them 
for  their  talent  and  ingenuity,  but  I  am  not  afraid  of  their  votes  or  their 
arguments.  I  am  willing  to  hear  them,  or  go  with  them,  as  far  as  they  may 
go  right. 

Mr.  Graham.  Mr.  President,  in  introducing  this  matter  here,  I  did  it 
honestly  and  fairly,  and  I  regard  it  as  justified  by  my  experience  in  the 
workings  of  deliberative  bodies.  This  body  has  now  carefully  gone  through 
this  instrument,  and  we  are  satisfied  that  we  have  arrived  at  just  con- 
clusions— that  no  principle  which  we  have  established  ought  to  be  touched 
or  altered.  We  have  seen  from  the  opening  of  the  Convention,  that  we  have 
on  the  other  side  of  the  House  a  wily  enemy — whence  many  propositions 
have  come  for  engrafting  matter,  not  only  for  the  purpose  of  defeating  the 
Constitution  itself,  but  intended  for  the  destruction  of  the  Republican 
party  in  Kansas.  I  was  also  induced  to  offer  this,  because  I  have  seen  our 
Democratic  friends  going  round  amongst  us  in  great  kindness,  and  making 
professions,  the  sincerity  of  which  I  am  bound  to  respect.  I  want  to  stay 
here  only  till  we  get  through.  I  want  only  what  is  right.  I  want  no  ad- 
vantage that  does  not  belong  to  the  right.  I  do  not  want  to  be  upraided  by 
my  constituents,  that  this  Constitution  has  anything  in  it  which  we  did  not 
put  there.  I  want  the  thing  gone  through  with  fairly.  I  do  not  want  light 
from  that  side.    I  say,  watch  them.    Do  not  trust  them. 

Mr.  Stiarwalt.  Mr.  President,  it  has  been  but  a  short  time  since  a 
member  of  this  House  (Mr.  May)  told  us,  that  he  had  just  come  from 
amongst  his  constituents,  and  they  had  told  him,  that  for  one  provision 
which  they  disapproved  they  would  vote  down  this  Constitution ;  and  there- 
upon an  amendment  was  made  on  his  motion  by  less  than  ^  majority  of  two- 
thirds,  which,  if  he  is  honest,  as  I  believe  he  is,  has  saved  the  Constitution. 
Therefore  I  think  this  two-thirds  rule  comes  with  a  bad  grace  from  the 
party  of  the  gentleman  whose  proposition  could  not  have  been  passed 
under  it.    But  I  tell  that  gentleman  that  unless  other  changes  are  made,  his 

'Note. — The  original  reads  "do  not  propose,"  etc.  Evidently  a  mistake  which  is 
cured  by  omittinj;  "do  not." 


Thursday,  July  28,  1859.  541 

constituents  will  still  vote  down  this  Constitution.  I  was  sorry  to  hear  the 
gentleman  from  Atchison  (Mr.  Graham)  say  that  the  Democratic  members 
had  been  going  round  electioneering  amongst  the  Republican  members,  be- 
cause I  remembered  the  fact,  that  caucussing  has  been  the  watchword 
with  the  majority  in  this  Convention  all  the  time.  Sir,  there  has  been 
engrafted  upon  this  Constitution  some  very  objectionable  matter,  which 
it  would  be  well  to  get  out.  I  came  here  to  make  a  Constitution  such  as  I 
believe  the  people  want,  and  what  I  believe  they  do  not  want  I  will  oppose 
with  all  my  might.  I  want  a  Constitution  that  will  be  a  credit  to  our- 
selves, acceptable  to  the  people  and  acceptable  to  Congress.  But,  as  it 
now  stands,  neither  the  people  nor  Congress  will  look  at  it. 

Mr.  Thacher.  It  is  now  over  a  week  since  we  concluded  our  arduous 
labors  and  referred  them  to  the  committee  on  Phraseology  and  Arrange- 
ment. A  special  committee  was  appointed  to  report  what  should  be  the 
action  of  the  Convention  upon  matter  referred  from  the  committee  on 
Phraseology,  and  that  committee  reported  that  amendments  at  that  stage 
could  only  be  made  by  reconsideration.  One  member  of  that  committee, 
of  great  candor  and  merit,  advised  that  we  had  better  make  no  report  till 
the  debates  were  through.  But  now  eight  days  have  elapsed,  and  here  we 
are  debating  whether  we  shall  say  stop,  or,  keep  on.  The  parliamentary 
two-thirds  rule  is  a  settled  principle,  and  it  is  a  wonder  how  it  came  to 
be  lost  sight  of  here.  This  amendment  of  our  rules  is  only  recurring  to 
the  well-established,  time-honored  two-thirds  rule.  And  unless  we  adopt 
it  we  shall  not  get  through  before  Saturday.  It  is  the  only  wise  and  just 
rule  that  can  be  adopted  to  expedite  our  business. 

[*413]  The  proposition  was  adopted  on  a  di^^sion* — affirmative  21, 
negative  17 — and  accordingly  it  stands  as  one  of  the  rules  of  the  Con- 
vention. 

THE   PRINTED   COPY. 

Mr.  Ingalls.  Mr.  President,  in  behalf  of  the  select  committee  on  that 
subject,  from  an  examination  of  the  printed  copy  of  the  Constitution  sub- 
mitted this  morning  it  was  found  to  need  revision.  Since  that,  it  has  been 
carefully  collated,  marked  and  sent  to  the  printer,  and  the  corrected  copy 
will  probably  be  ready  late  this  evening  or  early  to-morrow  morning. 

EXECUTIVE. 

On  motion  by  Mr.  Thacher,  the  Convention  resumed  the  work  of 
verification,  and  the  first  Article — Executive — was  read  by  the  Secretary. 

The  Article  being  approved,  was  then  ordered  to  be  referred  again  for 
enrollment  for  signature. 

LEGISLATIVE. 

On  motion  by  Mr.  Thacher,  the  Convention  proceeded  to  verify  the 
engrossed  copy  of  the  second  Article — Legislative — and  it  was  read  by  the 
Secretary. 

Mr.  Ross.  Mr.  President,  I  move  to  reconsider  the  second  section  to 
enable  me  to  propose  the  followina;  additional: 

"That  the  first  Legislature  shall  consist  of  twenty-five  Senators  and 
fifty-two  Representatives,  and  every  organized  county  shall  be  entitled  to 
at  ieast  one  Representative." 

The  Convention  refused  to  reconsider. 

Mr.  Kingman.  I  am  not  sure  that  I  understand  these  first  and  second 
sections  of  the  first  Article,  and  the  twenty-fifth  section  of  the  second — 
the  Legislative — Article.    It  is  prescribed  that  the  Governor's  term  should 


542  Convention  Proceedings  and  Debates. 

commence  on  the  first  Monday  in  January  succeeding  his  election.  In  the 
second  section  of  the  first  Article,  it  is  provided  that  "an  abstract  of 
the  returns  of  every  election,  for  the  officers  named  in  the  foregoing  sec- 
tion, shall  be  sealed  up  and  transmitted  by  the  clerks  of  the  boards  of 
canvassers  of  the  several  counties,  to  the  Secretary  of  State,  who. shall, 
during  the  first  week  of  the  session,  open  and  publish  them  in  the  pres- 
ence of  both  Houses  of  the  Legislature  in  joint  convention  assembled." 
And  then,  in  the  twenty-fifth  section  of  this  second  Article,  it  is  provided 
that  "all  sessions  of  the  Legislature  shall  be  held  at  the  State  Capital, 
and  all  regular  sessions  shall  commence  annually  on  the  2d  Tuesday  of 
January."  So  that  you  cannot  ascertain  the  vote  for  Governor  until  after 
his  term  is  to  commence,  until  after  the  Legislature  shall  be  in  session: 
for  the  Secretary  of  State  has  to  open  the  returns  in  their  presence. 

The  President,  It  would  be  practicable  to  make  the  Governor's  term 
commence  later. 

Mr.  Thacher.  We  might  make  the  Governor's  term  to  commence  on 
the  Wednesday  following  the  second  Tuesday. 

Mr.  BuRRis.  Would  it  not  be  necessary  to  change  the  date  of  the 
commencement  of  the  terms  of  all  the  State  officers?  and  that  being  the 
case,  would  it  not  be  best  to  change  the  time  of  meeting  of  the  Legisla- 
ture?   I  merely  make  the  suggestion. 

Mr.  Blunt.  Mr.  President,  I  desire  to  enquire  of  some  gentleman  in 
regard  to  the  effect  of  this  thirteenth  section.  It  reads,  "A  majority  of 
all  the  members  elected  to  each  House  voting  in  the  affirmative,  shall  be 
necessary  to  pass  any  bill  or  joint  resolution." 

It  appears  to  me,  that,  in  certain  contingencies  which  might  arise,  we 
are  defeating  legislation  here  entirely.  I  would  enquire  whether,  if  in 
case  of  absence  of  members  on  account  of  death  or  sickness,  less  than  a 
majority  of  all  the  members  were  to  pass  a  bill  or  joint  resolution,  it  could 
be  regarded  as  a  law? 

Mr.  Kingman.    No. 

Mr.  Blunt.    It  seems  to  me,  then,  that  we  are  preventing  legislation. 

Mr.  President  Winchell.  Mr.  President,  that  question  has  been  dis- 
cussed fully,  and  the  conclusion  arrived  at  was,  that  no  less  than  a  majority 
of  all  the  members  elected  should  pass  a  bill. 

[*414]  *With  regard  to  the  point  suggested  by  the  gentleman  from 
Brown  (Mr.  Kingman)  there  seems  to  be  a  real  difficulty.  There  is  a 
manifest  impropriety  in  requiring  of  the  Governor  to  take  office  im- 
mediately upon  the  commencement  of  a  Legislature,  and  to  make  his  mes- 
sage at  the  same  time.  It  seems  to  me  that  a  later  day  for  the  Governor's 
assumption  of  office  would  be  better — say  March  or  April — then  by  the 
meeting  of  the  next  Legislature  he  would  have  ample  time  to  prepare  him- 
self. I  will,  at  the  proper  time,  move  a  reconsideration  for  the  purpose  of 
fixing  the  commencement  of  the  term  of  the  State  officers  on  the  4th  day 
of  March. 

Mr.  Houston.  Would  there  not  be  an  interregnum  in  the  case  of  the 
first  Governor? 

Mr.  Thacher.  I  would  ask  common  consent  to  put  it  on  the  first 
Wednesday  after  the  second  Tuesday  in  January. 

Mr.  Kingman.  The  votes  for  Governor,  &c.,  are  to  be  canvassed  by 
the  Secretary  of  State,  during  the  first  week  of  the  session,  in  the  presence 
of  both  Houses.    If  the  Legislature  does  not  meet  till  the  second  Tuesday, 


Thursday,  July  28,  1859.  543 

and  the  Governor  takes  office  on  the  second  Monday,  the  Secretary  can- 
not officially  know  and  announce  his  election  in  time. 

Mr.  President  Winchell.  And  it  often  happens  that  the  House  is 
delayed  about  organization.  It  seems  to  me  that  we  should  make  this 
matter  sure. 

Mr.  Kingman.    We  should  look  before  we  step,  as  to  the  first  Governor. 

Mr.  Winchell.  We  might  provide  that  the  first  Governor  should 
assume  office  as  soon  as  the  State  is  admitted,  when  he  should  immediately 
call  the  Legislature  together.  For  the  regular  and  permanent  term  of  the 
Governor,  it  is  very  easy  to  provide  that  the  term  of  all  the  State  officers 
shall  commence  on  the  fourth,  or  as  I  would  prefer,  the  first  Monday  in 
March.  Thus  the  Governor  could  be  prepared  with  his  message,  and  the 
State  officers  with  their  reports  for  the  meeting  of  the  succeeding  Legis- 
lature. 

Mr.  Griffith.  Would  there  not  be  some  difficulty  in  regard  to  the 
reports  of  the  State  officers  to  the  past  Legislature? 

Mr.  Kingman.  The  plan  suggested  by  Mr.  Winchell  takes  place  at 
Washington. 

Mr.  Winchell.  I  make  the  motion,  to  change  the  commencement  of 
the  term  of  State  officers  from  the  second  Monday  in  January  to  the  first 
Monday  in  March. 

Mr.  Hutchinson.  Mr.  President,  I  see  an  objection  to  the  proposition. 
This  is  a  government  of  parties,  to  a  certain  extent.  We  know  that  one 
year  one  party  will  predominate,  and  the  following  year  another  party 
may  succeed.  It  has  been  so  under  my  observation  in  the  State  of  Iowa. 
And  it  is  very  natural,  and  even  essential,  that  a  Legislature  elected  in  a 
certain  gubernatorial  canvass  should  have  the  privilege  of  exercising  their 
functions  under  that  Governor's  jurisdiction.  It  would  be  unpleasant,  for  a 
Republican  Legislature,  for  their  session,  to  clash  with  the  views  of  a 
Democratic  Governor.  Then  with  reference  to  the  change  to  the  first 
Monday  in  March — it  might  be  that  a  new  Governor  with  opposite  views 
would  come  in  while  the  Legislature  would  be  in  session — recommending 

.  other  measures  of  State  policy. 

Mr.  Winchell.  I  do  not  regard  that  as  a  valid  objection.  In  fact, 
it  would  seem  to  me  rather  an  argument  in  its  favor.  It  might  be  a  good 
provision  against  the  consequences  of  fluctuation  in  the  popular  judgment. 
I  think,  sir,  that  some  such  plan  as  I  have  suggested  might  be  adopted: 

.or  throw  out  entirely  the  provision  which  requires  of  the  State  canvassers 
to  canvass  the  returns  in  the  Legislature.  I  am  not  particular.  If  you 
will  provide  that  the  board  of  canvassers  shall  meet  in  the  month  of  De- 
cember, and  announce  the  result,  I  shall  be  satisfied. 

Mr.  Thacher.  I  have  a  plan,  and  that  is,  to  refer  this  to  the  commit- 
tee on  phraseology,  and  allow  them  to  arrange  the  matter  for  us. 

[*415]  Mr.  Winchell.  I  think  we  had  better  do  it  *here,  and  let  the 
clerks  be  at  work.  I  ask  the  unanimous  consent  of  the  Convention  to  in- 
sert the  following  after  the  words  "Secretary  of  State"  in  the  second  sec- 
tion of  the  first  article: 

"Who,  with  the  Lieutenant  Governor  and  Attorney-General,  shall  con- 
stitute a  board  of  State  canvassers,  whose  duty  it  shall  be  to  meet  at  the 
Capital  on  the  second  Tuesday  of  December  succeeding  each  election  for 


544  Convention  Proceedings  and  Debates. 

State  officers,  and  canvass  the  votes  for  said  offices  and  proclaim  the 
result." 

The  amendment  was  taken  and  adopted,  by  unanimous  consent. 

Mr.  McDowell.  I  move  to  reconsider  the  second  section  of  the  Article 
pending,  to  enable  me  to  move  a  reduction  of  the  members  of  the  Legisla- 
ture, so  as  to  make  fifty-one  Representatives  and  twenty-three  Senators. 

The  Convention  refused  to  reconsider. 

Mr.  Houston.  The  twenty-third  section  reads  as  follows:  "The  Legis- 
lature, in  providing  for  the  formation  and  regulation  of  common  schools, 
shall  make  no  distinction  between  the  rights  of  males  and  females."  I 
would  suggest  the  propriety  of  striking  out  the  word  "common." 

There  was  no  second. 

The  second  Article  was  then  ordered  to  enrollment  for  signature. 

JUDICIAL. 

On  motion  by  Mr.  Thacher,  the  hour  of  adjournment  (6  p.  m.)  was 
disresarded,  and  the  Convention  proceeded  to  verify  the  engrossment  of 
the  third  (the  Judicial)  Article. 

The  whole  having  been  read  through — 

Mr.  Ingalls.  I  offer  the  following  as  a  substitute  for  section  2.  It  has 
been  considered  and  is  recommended  by  the  committee  on  Phraseology 
and  Arrangement.    I  ask  its  adoption  by  unanimous  consent: 

"Sec.  2.  The  Supreme  Court  shall  consist  of  one  chief  justice  and  two 
associates,  whose  term  of  office,  after  the  first,  shall  be  sLx  years  each,  who 
shall  be  elected  by  the  electors  of  the  State  at  large,  and  a  majority  of 
whom  shall  constitute  a  quonim.  At  the  first  election,  a  chief  justice  shall 
be  chosen  for  six  years,  one  associate  for  four  years  and  one  for  two  years." 

The  engrossed  section  proposed  to  be  stricken  out  is  as  follows: 

"Sec.  2.  The  Supreme  Court  shall  consist  of  one  chief  justice,  and  two 
associate  justices,  who  shall  be  elected  by  the  electors  of  the  State  at  large, 
and  a  majority  of  whom  shall  constitute  a  quorum,  and  at  the  first  election 
under  this  Constitution,  and  every  six  years  thereafter,  there  shall  be 
chosen  a  chief  justice  for  the  term  of  six  years,  one  associate  justice  for  the 
term  of  four  years,  and  every  two  years  thereafter,  except  when  a  chief 
justice  is  to  be  elected,  an  associate  justice  shall  be  elected  for  six  years." 

The  substitute  was  taken  up  and  adopted  by  unanimous  consent  of  the 
Convention. 

The  Article  was  then  again  adopted  and  passed,  and  ordered  to  final 
enrollment  for  signature. 

Mr.  Blunt.  I  move  that  we  proceed  to  read  the  4th  and  5th  articles. 
But— 

Mr.  BuRRis  moved  adjournment;  and  accordingly — 

The  Convention  adjourned  till  to-morrow  morning  at  nine  o'clock. 


Friday,  July  29,  1859.  545 

Friday,  July  29,  1859. 
The  Convention  met  at  9  o'clock,  a.  m. 
Prayer  by  the  Chaplain. 
The  journal  of  yesterday  was  read. 

EXPENSES   OF   THE   CONVENTION. 

Mr.  Hanway.  Mv.  President,  on  behalf  of  the  committee  I  present 
the  following  accounts: 

"The  account  of  Geo.  F.  Warren,  Sergeant-at-Arms,  for  postage  stamps. 
The  committee  recommend  that  double  the  amount  be  paid  in  scrip. 

The  account  for  the  buildins;  of  the  railing  which  forms  the  bar.  for 
telegraph  operator's  desk,  &c.  The  committee  submit  this  account  without 
any  recommendation. 

The  account  of  A.  E.  Drapier,  official  reporter  of  the  Convention,  for 
[*416]  S648.43  on  account  *of  reporting;  also  one  of  S303.12  on  same 
account.  Total,  S951.55.  This  amendment  of  Mr.  Drapier,  the  reporter, 
is  allowed  by  the  Committee  on  Accounts." 

Mr.  Slough.  Mr.  President,  I  move  the  reports  of  the  committee  be 
adopted  as  to  all  the  accounts  accompanied  by  a  recommendation. 

The  motion  was  agreed  to. 

Mr.  Burets.  Mr.  President,  I  move  that  the  account  which  is  u-ithout 
a  recommendation  be  referred  back  to  the  committee.  I  think  the  com- 
mittee is  better  prepared  to  recommend  than  the  Convention  to  take  action. 

The  motion  was  agreed  to. 

THE   WYANDOTTE   DAILY   GAZETTE. 

Mr.  Hutchinson.  IMr.  President,  it  may  not  be  strictly  in  order  to 
introduce  the  matter  that  I  have  in  mind  in  connection  with  the  report 
just  adopted,  but  I  have  a  statement  to  make  in  behalf  of  the  printer, 
relative  to  the  Gazette  that  has  been  received  here. 

The  President.  Unless  objection  is  made,  the  gentleman  from  Douglas 
(Mr.  Hutchinson)  will  be  permitted  to  make  a  statement  of  facts. 

Mr.  Griffith.    I  should  like  to  know  in  regard  to  what  subject. 

The  President.  The  subject  of  the  printer.  The  gentleman  will  pro- 
ceed. 

Mr.  Hutchinson.  Mr.  President,  I  have  learned  there  is  some  mis- 
understanding between  members  of  this  Convention,  or  the  Committee 
on  Printing,  and  the  Printer.  It  will  be  recollected  that  on  the  first  day 
of  the  session  a  special  committee  was  appointed  for  the  purpose  of  pro- 
posing some  manner  of  preserving  our  records.  I  was  chairman  of  the 
committee  and  in  that  capacity  saw  the  editor,  and  the  substance  of  the 
interview  I  reported  the  next  morning  to  the  Convention  to  this  effect: 
he  would  do  the  work  at  a  certain  price  per  1,000  ems,  and  that  he  would 
like  to  supply  the  members  with  his  daily  for  one  dollar  for  the  session, 
whether  two  weeks  or  four  weeks,  for  each  copy.  I  also  stated  he  expected 
to  receive  scrip  for  the  larger  part  of  his  work,  and  he  would  expect  cash 
for  these  numbers  of  his  paper,  for  the  purpose  of  paying  off  his  daily 
help,  as  he  was  obUied  to  pay  them  part  money  as  they  would  not  wait 
for  scrip.  No  further  action  was  taken  except  to  order  two  additional 
copies  to  each  member.  About  that  time  the  Committee  on  Printing  was 
raised,  and  as  their  duties  supersedins  ours,  we  had  nothing  more  to  do 
with  it.  The  chairman  of  the  Committee  on  Printing  not  understanding 
all  that  had  been  said  and  done,  continued  to  receive  those  papers;  and 

35 — 778 


\546  Convention  Proceedings  and  Debates. 

the  next  day  or  two  the  number  was  raised  from  two  to  six  to  each  mem- 
ber, by  a  vote  of  this  body.  From  that  time  we  have  received  six  copies 
each.  I  understand  now  he  states  the  fact  that  he  is  expecting  cash  for 
the  numbers  of  papers  so  distributed.  Members  don't  seem  to  under- 
stand it;  and  here  I  leave  the  facts,  as  far  as  I  understand  them. 

Mr.  Kingman.  Mr.  President,  I  move  that  we  proceed  to  consider  the 
Constitution  where  we  left  off  yesterday. 

Mr.  Ingalls.  Mr.  President,  I  am  informed  by  the  chairman  of  the 
Committee  on  Printing  that  the  printed  copy  of  the  Constitution,  as 
revised  by  the  committee  yesterday  afternoon,  will  be  in  the  hands  of  the 
Convention  in  a  few  moments.    I  think  it  best  to  wait  for  it. 

THE   western    boundary. 

Mr.  Ritchie.  Mr.  President,  I  believe  that  it  is  a  ruling  of  the  Chair 
that  any  member  may  speak  by  common  consent  (and  I  certanily  do 
not  wish  to  speak  without  it  is  with  the  consent  of  the  whole  body);  but 
I  desire  to  say,  with  regard  to  the  change  of  the  boundary  line  running 
west  to  the  hne  proposed  by  the  gentleman  from  Atchison  (Mr.  May) 
yesterday,  to  the  2oth  meridian,  since  that  vote  was  taken  I  understand 
that  it  has  been  ascertained  that  there  are  valuable  mines  of  iron  ore  of  a 
rich  quality,  and  some  salt  springs  a  httle  further  out;  and  I  think  it  is 
necessary  now  that  we  should  spend  a  few  moments,  as  we  have  some 
leisure,  in  considering  the  propriety  of  throwing  our  territory  a  httle 
further  west.  Now  I .  understand  all  this  difficulty  of  miners  will  be 
[*417]  entirely  out  of  *the  way,  that  they  will  have  a  nice  little  terri- 
tory to  themselves.  And  having  hstened  to  the  gentleman  from  Riley 
(Mr.  Houston)  so  frequently  upon  the  enlargement  of  our  boundaries,  I 
feel  inclined  this  morning  to  go  still  another  degree;  and  I  believe  it  is 
the  feeling  of  this  Convention.  And  to  test  this  matter  I  propose  the 
change,  if  1  can  meet  with  a  second. 

The  President.  The  Chair  would  state  that  that  proposition  is  already 
enrolled,  and  a  change  would  make  the  necessity  for  a  re-enrollment  or  an 
erasure. 

Mr.  Hutchinson.    I  object. 

The  President.    Objection  is  made  to  the  proposed  change. 

Mr.  Preston.  Mr.  President,  it  only  changes  one  word.  They  might 
make  it  a  "six"  instead  of  a  "five." 

The  President.    Objection  is  made. 

Mr.  Ritchie.  I  would  enquire  if  the  two-thirds  rule  would  not  apply 
in  such  a  case? 

The  President.  It  would  not  apply,  from  the  fact  that  the  boundaries 
were  established  upon  a  vote  on  which  vote  a  reconsideration  was  moved 
and  that  motion  laid  on  the  table. 

Mr.  Ritchie.  I  am  afraid  that  I  was  not  understood,  because  I  have 
been  after  the  negro  so  much.  I  will  inform  the  Convention  that  the  negro 
is  not  in  this.     (Laughter.) 

OFFICIAL  journal  OF   THE   CONVENTION. 

Mr.  Hutchinson  submitted  the  following: 

"Resolved,  That  on  the  completion  of  the  official  journal  of  the  Conven- 
tion, the  Secretary  be  requested  to  deposit  the  same  with  the  Historical 
Society  of  Kansas." 

The  resolution  was  withdrawn. 


Friday,  July  29,  1859.  547 

adjustment  of  accounts  with  the  convention. 
Mr.  McClelland  submitted  the  following: 

"Resolved,  That  the  Sergeant-at-arms  of  this  Convention  be  allowed  the 
per  diem  of  a  member  for  30  days  after  the  final  adjournment  of  the  body, 
for  arranging  all  matters  growing  out  of  this  Convention,  not  otherwise 
acted  on  by  the  Convention." 

Mr.  Griffith.  Mr.  President,  I  wish  to  know  whether  it  will  take  that 
time  to  do  this  business.  I  am  not  in  favor  of  voting  away  the  money  of 
the  people  uimecessarily.  If  it  requires  more  or  less  time,  I  shall  be  willing 
to  vote  for  a  just  compensation.  But  I  wish  to  know  whether  it  is  really 
necessary  for  him  to  occupy  30  days. 

The  resolution  was  adopted. 

ASSISTANT    SERGEANT-AT-ARMS. 

Mr.  N.  C.  Blood.  Mr.  President,  in  making  up  the  per  diem  and  com- 
pensation of  members  and  officers  of  the  Convention,  the  name  of  the  As- 
sistant Sergeant-at-arms  (Francis  House)  was  left  out  by  the  Committee 
on  Accounts.  I  move  that  he  be  allowed  the  regular  per  diem  pay  for  the 
term  of  his  actual  service. 

The  motion  was  agreed  to,  and  the  order  was  made  accordingly. 

CLOSING  THE  RECORDS,   &C. 

Mr.  Thacher  submitted  the  following: 

"Resolved,  That  the  President  of  this  Convention  be  allowed  thirty  days 
after  adjournment,  with  usual  pay,  for  the  purpose  of  superintending  the 
closing  up  of  the  records,  and  such  other  business  as  the  Convention  leaves 
unfinished. 

Resolved,  That  the  enrolled  and  authenticated  parchment  copies  of  the 
Constitution  be  entrusted  to  the  custody  and  guardianship  of  the  President 
of  this  Convention,  to  be  deUvered  by  the  said  President  to  the  Governor 
of  the  State." 

Mr.  Thacher.  There  will  be  a  vast  amount  of  matter  connected  with 
the  business  of  this  body  which  will  haye  to  be  arranged  and  adjusted  after 
the  final  adjournment,  which,  perhaps,  no  one  is  better  acquainted  with 
than  the  President. 

The  President.  There  is  to  be  but  one  original  authenticated  copy  of 
the  Constitution. 

Mr.  Thacher.    I  accept  the  modification. 

The  resolution  was  adopted. 

signature. 

Mr.  LiLLiE  submitted  the  following,  which  was  adopted: 

[*418]  "Resolved,  That  when  this  Constitution  shall  *be  signed  by  the 
members  of  the  Convention  the  district  which  they  represent  shall  be 
designated." 

ELECTIONS. 

The  President.  Printed  copies  of  the  enrolled  Constitution  beine  now 
in  the  Hall,  the  Chair  would  suggest  that  the  Convention  proceed  with  the 
verification. 

On  motion  by  Mr.  Thacher,  the  fourth  article  (Elections)  was  read, 
approved  and  ordered  to  the  enrollment  for  signature. 


548  Convention  Proceedings  and  Debates. 

suffrage. 

On  motion  by  Mr.  Thacher,  the  Convention  pursued  the  verificat'on  in 
the  fifth  article  (Suffrage) — and  the  same  having  been  read  through  by  the 
Secretary — 

Mr.  McDowell.  Mr.  President,  I  propose  unanimous  consent  to  strike 
out  the  last  clause  of  section  3: 

"Sec.  3.  No  soldier,  seaman  or  marine  in  the  army  or  nav'y  of  the 
United  States,  or  of  their  allies,  shall  be  deemed  to  have  acquired  a  resi- 
dence in  the  State  in  consequence  of  being  stationed  within  the  same,  nor 
shall  any  soldier,  seaman  or  marine  have  the  right  to  vote." 

I  propose  to  strike  out  the  words:  "nor  shall  any  soldier,  seaman  or 
marine  have  the  right  to  vote." 

Mr.  HrTCHiNSON.  Mr.  President,  I  would  sugsest  to  the  centleman  from 
Leavenworth,  that  there  are  others  desirous  of  amending  this  section,  hav- 
ing a  different  view;  and  if  he  would  modify  his  motion  so  as  to  insert  the 
word  "such"  before  the  word  "soldier"  in  this  last  clause,  he  would  meet 
that  \'iew. 

The  President.  The  recollection  of  the  Chair  is  that  motions  precisely 
similar  to  these  have  been  once  voted  down  by  the  Convention,  and  there- 
fore they  cannot  be  renewed,  except  by  general  consent. 

Mr.  Graham.    I  object. 

.The  article  was  then  passed,  and  ordered  to  the  enrollment. 

EDUCATION. 

The  Convention  pursued  the  verification  in  the  sixth  article  (Education) 
and  the  same  having  been  read  through — 

Mr.  J.  Blood.  Mr.  President,  there  is  an  omission  of  date  in  the  3d 
section: 

"S^r.  3.  The  proceeds  of  all  lands  that  have  been,  or  may  be,  granted 
by  the  United  States  to  the  State,  for  the  support  of  schoo's,  and  the 
five  hundred  thousand  acres  of  land  granted  to  the  new  States,  under  an 
act  of  ConQ:ress  distributinT  the  proceeds  of  pub'ic  lands  amonsc  the  several 
States  of  the  Union,  approved  a.  d.  1841,  and  all  estates  of  persons  dying 
without  will  or  heir,  and  such  per  cent,  as  may  be  granted  by  Congress, 
on  the  sa^e  of  land  in  this  State,  and  shall  be  a  perpetual  snhool  fund, 
which  shall  not  be  diminished,  but  the  interest  of  which,  together  with  all 
the  rents  of  the  lands,  and  such  other  means  as  the  Legislature  may  pro- 
vide, by  tax  or  otherwise,  shall  be  inviolably  appropriated  to  the  support 
of  common  schools." 

The  words  "September  fourth"  are  omitted  in  reference  to  the  act  of 
1841.    If  it  is  necessary  I  will  make  a  motion  to  correct  it. 

The  President.    It  can  be  done  by  general  consent,  without  a  motion. 

Mr.  J.  Blood.  It  seems  to  me  that  there  is  an  improper  arrangement 
of  the  words  in  the  third  section  in  the  clause — "and  all  estates  of  persons 
dying  without  will  or  heir."  If  the  words  "heir"  and  "will"  were  trans- 
posed so  as  to  read:  "all  persons  dying  without  heir  or  will,"  it  would  be 
a  much  better  use  of  language. 

Mr.  Ingalls.  This  clarse,  as  it  stood  in  the  section  as  originally  re- 
ported, read  in  this  way:  "and  all  estates  of  deceased  persons  who  may 
have  died  without  lea\ing  a  will  or  heir  "  H  was  r-han'^ed,  and  passed  the 
committee  as  it  now  stands  after  considerab'e  deliberation. 

Mr.  J.  Blood.    I  think  the  change  is  desirable. 


Friday,  July  29,  1859.  549 

The  President.    If  there  is  no  objection  the  words  will  be  transposed. 
The  article  was  then  ordered  to  the  final  enrollment. 

[*419]  *PUBLIC   INSTITUTIONS. 

The  Convention  pursued  the  verification  in  the  seventh  article — Public 
Institutions — and  it  was  approved  and  passed  to  the  enrollment. 

MILITIA. 

The  Convention  pursued  the  verification  in  the  eighth  article— Militia — 
and  it  was  passed  to  the  enrollment. 

COUNTY  AND   TOWNSHIP  ORGANIZATION. 

The  Convention  pursued  the  verification  in  the  ninth  article — County 
and  Township  Organization — and  the  same  having  been  read  through — 

Mr.  Preston  proposed  an  amendment  to  section  1 — 

"Section  1.  The  Legislature  shall  provide  for  organizing  new  counties, 
locating  county  seats  and  changing  county  lines,  but  no  county  seat  shall 
be  changed  without  the  consent  of  a  majority  of  the  electors  of  the  county; 
nor  any  county  organized,  nor  the  hues  of  any  county  chanqred  so  as  to 
include  an  area  of  less  than  four  hundred  and  thirty-two  square  miles." 

Mr.  Preston.  I  move  the  reconsideration  of  section  1,  to  enable  me  to 
make  a  motion  to  amend  by  striking  out  the  last  two  fines,  and  inserting 
in  their  place:  "by  the  Legislature,  without  a  vote  of  the  majority  of  the 
voters  included  within  the  new  county." 

Mr.  Burris.  Mr.  President,  the  design  of  this  seems  to  be  to  strike  out 
that  part  of  the  section  which  prohibits  the  Legislature  from  creating  a 
new  county  \\ath  less  than  four  hundred  and  thirty-two  square  miles,  or 
from  reducing  any  county  below  that.  1  hope  it  will  not  prevail.  That 
provision  has  been  well  considered  by  the  Convention.  I  am  opposed  to 
reconsideration  unless  there  is  a  palpable  necessity  for  amendment.  I 
would  not  reconsider  without  such  a  direct  necessity,  though  I  might  my- 
self desire  an  amendment.  This  question  has  been  fully  discussed,  and 
the  Convention  finally  decided  to  let  the  matter  stand  as  it  does. 

The  President.  Unless  the  Chair  is  deceived  by  recollection,  a  similar 
proposition  has  been  rejected  by  the  Convention.  If  so,  it  would  be  out 
of  order. 

Mr.  McDowell.  Mr.  President,  I  move  the  reconsideration  of  the  first 
section,  for  the  purpose  of  enabling  me  to  move  to  add  the  following: 
"and  each  county  shall  be  divided  into  as  many  districts  as  it  has  repre- 
sentatives." 

The  President.    That  motion  has  been  once  laid  on  the  table. 

Mr.  J.  Blood.  It  contemplates  the  single  district  system.  It  con- 
templates the  divdding  of  each  county  into  representative  districts,  so  that 
there  may  be  as  many  districts  as  there  are  representatives  allowed.  I 
think  our  population  is  too  sparse  to  attempt  that  experiment.  The  only 
occasion  for  any  such  scheme  is  to  be  found  in  the  large  cities,  when  there 
may  be  a  conflict  of  interests  in  different  sections  and  exciting  questions 
growing  out  of  them.  For  instance,  in  New  York  city  we  find  distinct 
interests — such  as  the  manufacturing,  the  marine  and  mercantile  interests — 
that  do  not  harmonize  with  each  other.  They  can  readily  run  into  such 
a  scheme  in  such  a  place.  But  we  have  nothing  to  require  anything  of 
that  sort  in  our  Territory.  And  such  a  pro\ision  of  law  would  be  very 
difficult  of  enforcement.    I  think  it  will  strike  the  general  sense  of  members 


550  Convention  Proceedings  and  Debates. 

that  it  ought  not  to  come  in  here.  It  is  too  soon  now.  There  is  no 
occasion  for  it.  It  will  only  give  rise  to  difficulties  and  misunderstandings; 
and  it  will  be  almost  impossible  to  carry  it  out. 

Mr.  Graham.    I  hope  it  will  be  taken  by  common  consent. 

Mr.  J.  Blood.    I  shall  most  certainly  object. 

The  article  was  passed  and  ordered  to  the  enrollment. 

apportionment. 

The  Convention  proceeded  to  the  verification  of  the  tenth  article — 
Apportionment — and  the  same  being  read  through — 

Mr.  Houston  suggested  a  reduction  of  the  number  of  representatives — 
[*420]     dropping  one  in  *Pottawottamie,  in  Atchison  and  Brown,  &c. 

Mr.  Burris  corrected  the  clerical  error,  inserting  "and"  between  "Chase' 
and  "Butler." 

Mr.  Ross.  Mr.  President,  there  is  a  very  grave  error  in  the  second 
section : 

"Sec.  2.  It  shall  be  the  duty  of  the  first  Legislature  to  make  an  appor- 
tionment, based  upon  the  census  ordered  by  the  last  Legislative  Assembly 
of  the  Territory;  and  a  new  apportionment  shall  be  made  in  the  year 
1866,  and  every  five  years  thereafter,  based  upon  the  census  of  the  pre- 
ceding year." 

I  move  to  amend  so  that  the  census  for  the  first  apportionment  to  be 
made  by  the  first  Legislature,  shall  be  the  national  census  of  1860.  We 
should  certainly  have  the  latest  census  for  the  basis  of  a  new  apportion- 
ment. 

Mr.  Graham.  I  do  not  see  how  that  can  be  reached.  If  we  come  into 
the  Union  early  in  1860,  we  shall  be  too  late  to  be  included  in  the  national 
census. 

The  President.  That  census  will  not  be  taken  here  unless  Kansas  is  in 
the  Union  on  the  1st  of  January,  1860. 

The  amendment  was  not  passed. 

WYANDOT. 

The  President.  The  Chair  would  call  attention  to  the  speUing  of  the 
word  "Wyanandot."  He  would  suggest  (as  the  orthography  is  various) 
the  spelling  of  the  word  as  in  the  Statutes  of  the  United  States. 

Mr.  Kingman.    What  is  the  local  spelling? 

The  President.  The  local  spelling  is  two  t's  without  the  e.  Two  t's 
with  the  e  is  the  French  mode.  One  t  is  the  English  mode.  Two  t's  with- 
out the  e  is  no  mode  at  all.  The  spelling  of  the  word  in  the  Statutes  will 
be  adopted  in  the  enrollment. 

The  article  was  then  ordered  to  the  enrollment. 

FINANCE  AND  TAXATION. 

The  Convention  proceeded  with  the  verification  in  the  eleventh  article 
— Finance  and  Taxation — and  the  same  having  been  read  through — 

The  President.  The  words  "head  of  a"  were  stricken  out  of  the  first 
section  by  the  committee  on  phraseology  and  arrangement. 

"Section  1.  The  Legislature  shall  provide  for  a  uniform  and  equal  rate 
of  assessment  and  taxation;  but  all  property  used  exclusively  for  State, 
county,  municipal,  literary,  educational,  scientific,  religious,  benevolent  and 


Friday,  July  29,  1859.  551 

charitable  purposes,  and  personal  property  to  the  amount  of  at  least  two 
hundred  dollars  for  each  head  of  a  family,  shall  be  exempted  from  taxation." 

Mr.  Ross.    Those  words  were  inserted  by  a  vote  of  the  Convention. 

The  PREsmENT.  The  action  of  the  Convention  was  also  had  upon  the 
recommendation  of  the  committee  to  strike  them  out. 

They  were  ordered  to  be  stricken  out. 

Mr.  Kingman.  In  section  1,  the  word  "and"  between  "benevolent" 
and  "charitable,"  should  be  changed  to  "or,"  I  think.  But  if  anybody 
objects,  I  back  down. 

Mr.  Barton.  Mr.  President,  I  ask  unanimous  consent  to  amend  the 
5th  section: 

"Section  5.  For  the  purpose  of  defra>ang  extraordinary  expenses  and 
making  public  improvements,  the  State  may  contract  public  debts;  but 
such  debts  shall  never,  in  the  aggregate,  exceed  one  million  dollars,  ex- 
cept as  hereinafter  provided.  Every  such  debt  shall  be  authorized  by 
law  for  some  purpose  specified  therein,  and  the  vote  of  a  majority  of  all 
the  members  elected  to  each  House,  to  be  taken  by  the  yeas  and  nays, 
shall  be  necessary  to  the  passage  of  such  law;  and  every  such  law  shall 
provide  for  levjdng  an  annual  tax  sufficient  to  pay  the  annual  interest  of 
such  debt,  and  the  principal  thereof,  when  it  shall  become  due;  and  shall 
specifically  appropriate  the  proceeds  of  such  taxes  to  the  payment  of  such 
principal  and  interest;  and  such  appropriation  shall  not  be  repealed  nor 
the  taxes  postponed  or  diminished  until  the  interest  and  principal  of  such 
debt  shall  have  been  wholly  paid." 

[*421]  *After  the  word  "and"  in  the  fourteenth  line,  I  wish  to  insert 
these  words:  "to  create  a  sinking  fund  for  the  payment  of."  I  ask  that 
these  words  be  inserted  by  general  consent. 

The  President.  The  Chair  would  suggest,  whether  the  language  as  it 
stands  does  not  give  that  power  to  the  Legislature. 

Mr.  Kingman.    I  have  no  doubt  at  all  about  it. 

The  President.  Unless  some  further  expression  is  had,  the  amendment 
will  not  be  made. 

Mr.  Griffith.  I  move  to  reconsider  section  five,  for  the  purpose  of 
inserting  the  words. 

Mr.  BuRRis.  On  examination  of  the  section,  it  seems  to  me  that  the 
Legislature  would  have  fcll  power  to  create  a  sinking  fund,  as  it  now  stands. 
I  think  it  is  about  as  complete  and  perfect  as  we  can  get  it,  and  1  shall 
oppose  all  unnecessary  reconsiderations. 

The  Convention  refused  to  reconsider. 

And  then  the  article  was  ordered  to,  enrollment. 

corporations. 

The  Convention  proceeded  to  the  verification  of  the  twelfth  article — 
Corporations — and  the  same  having  been  read  through — 

Mr.  Ingalls.  Mr.  President,  I  notice  an  error — an  omission  to  correct 
an  error — in  the  last  line  but  one.    Instead  of  reading — 

"Section  6.  The  term  corporation,  as  used  in  this  article,  shall  be  con- 
strued to  include  all  associations  and  joint  stock  companies  having  any  of 
the  powers  and  privileges  not  possessed  by  individuals  or  partnerships  and 
all  corporations  shall  have  the  right  to  sue,  and  shall  be  subject  to  be 
sued  by  their  corporate  name  in  all  courts  of  competent  jurisdiction,  the 
same  as  natural  persons." 


552  Convention  Proceedings  and  Debates. 

It  was  corrected  by  the  committee  so  as  to  read — 

"Section  6.  The  term  corporations,  as  used  in  this  article,  shall  include 
all  associations  and  joint  stock  companies  having  powers  and  privileges  not 
possessed  by  individuals  or  partnerships ;  and  all  corporations  may  sue  and 
be  sued  in  their  corporate  name." 

Mr.  J.  Blood.  Will  this  provision  affect  any  corporation  authorized 
by  the  Territorial  Legislature? 

The  President.    There  is  a  provision  in  the  Schedule  against  that. 

The  proper  correction  was  ordered. 

Mr.  McDowell.  Mr.  President,  I  ask  for  the  reconsideration  of  the 
first  section,  for  amendment.    As  it  stands  now  it  reads — 

"Section  1.  The  Legislature  shall  pass  no  special  act  conferring  cor- 
porate powers.  Corporations  may  be  created  under  general  laws;  but  all 
such  laws  may  be  amended  or  repealed." 

I  i^ash  to  have  added  these  words:  "but  no  amendment  of  a  city  charter 
shall  become  operative  until  after  it  shall  have  been  submitted  and  ratified 
by  a  vote  of  the  people  of  such  city."  The  reason  I  make  this  amendment 
is  this:  I  would  provide  against  the  case  of  one  or  two  men  going  to  the 
Legislature,  as  they  did  from  Leavenworth  last  winter,  and  changing  the 
charter  of  the  city  without  the  approbation  of  the  people.  Inasmuch  as  a 
city  charter  is  organic  law,  the  people  should  pass  upon  it.  I  think  it  but 
justice  that  this  right  of  the  people  should  be  respected — and  I  ask  the 
amendment  on  that  ground. 

Mr.  J.  Blood.  I  would  like  to  inquire  for  information,  whether  such  a 
provision  could  apply  to  a  general  law  creating  corporations?  whether  the 
Legislature  would  have  power  to  amend  the  charter  of  a  city  that  had 
taken  corporate  powers  under  a  general  law?  and  if  so,  whether  it  would 
apply  to  all  corporate  bodies  in  the  State? 

Mr.  McDowell.  I  suppose  it  would,  to  a  certain  extent.  When  the 
Legislature  shall  pass  a  general  city  corporation  law,  they  will  have  to 
classify  cities  by  population;  and  the  submission  would  be  made  to  cities 
of  a  particular  grade.  I  see  nothing  objectionable  in  the  proposition.  I 
suppose  the  interests  of  similar  populations  would  be  similar. 
[*422]  Mr.  J.  Blood.  That  might  be.  But  sup^pose  they  were  not — 
and  one  should  approve,  and  another  disapprove — the  question  is,  whether 
the  acfgregate  vote  would  govern,  or  whether  the  vote  of  each  separate 
corporation  should  govern  in  their  individual  cases.* 

Mr.  Thacher.  It  strikes  me  that  we  had  better  not  reconsider.  Too 
many  difficulties  spring  up  in  our  pathway.  I  do  not  think  we  should 
distrust  the  Legislature  too  much — as  though  we  were  thinking  and  fearing 
all  the  time,  that  they  might  do  son^e  ungenerous  or  unhandsome  thing. 

The  motion  to  reconsider  was  rejected. 

And  then  the  Article  was  ordered  to  the  enrollment. 

banks  and  currency. 

The  Convention  proceeded  to  the  verification  of  the  thirteenth  Article 
— Banks  and  Currency — and  the  same  having  been  read  through — 

Mr.  Thacher.    I  ask  unanimous  consent  to  strike  out  section  7: 

"Sec.  7.  No  banking  institution  shall  issue  circulating  notes  of  a  less 
denomination  than  five  dollars." 

Mr.  Ingalls.    I  object. 


Friday,  July  29,  1859.  553 

Mr.  Burnett.  Mr.  President,  I  ask  a  reconsideration  of  section  7,  for 
the  purpose  of  striking  out  "five,"  and  inserting  "one"  in  its  place. 

The  motion  was  rejected — afhrmative  20,  negative  15 — two-thirds  not 
^•oting  in  the  affirmative. 

Mr.  BuRRis.    Mr.  President,  I  call  attention  to  the  second  section: 

"Sec.  2.  All  banking  laws  shall  require,  as  collateral  security  for  the 
redemption  of  the  circulating  notes  of  any  bank,  organized  under  their 
provisions,  a  deposit  with  the  auditor  of  the  State,  of  the  interest  paying 
bonds  of  the  several  States  or  of  the  United  States,  at  the  cash  rates  of 
the  New  York  stock  exchange,  to  an  amount  equal  to  the  amount  of  cir- 
culating notes  which  said  bank  shall  be  authorized  to  issue,  and  a  cash 
deposit  in  its  vaults  of  ten  per  cent  of  said  amount  of  circulating  notes; 
and  the  State  auditor  shall  register  and  countersign  no  more  circulating 
bills  of  any  bank,  than  the  cash  value  of  such  bonds  when  deposited." 

I  would  suggest  the  propriety  of  adding  to  the  last  clause  these  words: 
"and  no  bills  shall  be  put  in  circulation,  except  such  as  shall  have  been 
countersigned  by  the  Auditor." 

Mr.  Kingman.    The  law  requires  that. 

Mr.  BuRRis.  But  does  the  Constitution?  It  seems  to  me  that  the 
Constitution  here  would  simply  prohibit  the  auditor  from  countersigning 
bills  beyond  the  amount  deposited.  And  the  question  is,  whether  the 
Legislature  might  not  authorize  the  circulation  of  bills  not  countersigned? 

Mr.  J.  Blood.  They  are  not  allowed  to  issue  bills  beyond  the  value  of 
the  stock  deposited. 

Mr.  President  Winchell  (Mr.  Townsend  in  the  Chair).  Mr.  Presi- 
dent, it  strikes  me  that  there  is  force  in  this.  No  provision  should  be  neg- 
lected, that  can  be  made  j-et  more  secure.  I  recollect  that  there  is  such  a 
provision  in  the  Territorial  law;  and  if  it  can  give  additional  security,  it 
certainly  should  be  inserted  here.  It  seems  to  me  that  there  misht  be  the 
case  of  a  bank  going  on  and  issuing  bills  not  countersigned;  and  it  is  not 
to  be  expected  that  the  people  will  always  examine  closely  to  see  the  sig- 
nature of  the  auditor.  It  seems  to  me  that  the  amendment  is  a  just  and 
prudent  one,  and  that  it  would  be  \visdom  to  adopt  that  safeguard. 

The  motion  to  reconsider  was  lost — affirmative  15,  negative  12 — two- 
thirds  not  voting  in  the  affirmative. 

Mr.  Griffith  proposed  "such  bank"  instead  of  "said  bank." 

It  was  rejected. 

Mr.  Blunt.  Mv.  President,  I  move  to  reconsider,  in  order  to  enable 
me  to  move  to  strike  out  the  Sth  section: 

[*423]  *"Sec.  8.  No  banking  law  shall  be  in  force  until  the  same  shall 
have  been  submitted  to  a  vote  of  the  electors  of  the  State  at  some  general 
election,  and  approved  by  a  majority  of  all  the  votes  cast  at  such  election." 

There  are  two  reasons  why  I  propose  this:  In  the  first  place,  we  have 
certainly  thrown  around  the  Legislature  all  the  possible  safeguards  and 
securities  in  relation  to  banks  and  banking — and  after  we  have  done  this, 
and  after  the  people  have  elected  a  Legislature  to  make  laws  under  this 
Constitution,  I  do  not  see  any  propriety  in  continually  submitting  their 
work  to  the  people  for  approval.  There  is  no  more  reason  for  submission 
in  this,  than  there  might  be  in  almost  any  other  case.  We  have  certainly 
thrown  safeguards  enough  around  this  question.  Hence  I  am  opposed  to  re- 
ferring this  matter  back  to  the  people  any  more  than  any  other  subject  of 


554  Convention  Proceedings  and  Debates. 

legislation.  And  the  other  objection  is  this:  It  is  required  that  such  a 
banking  bill,  in  order  to  become  a  law,  shall  receive  a  majority  of  all  the 
votes  cast  at  some  general  election.  It  is  well  known,  that  perhaps  one- 
half  the  electors  would  vote  neither  for  nor  against  the  bill.  People  gen- 
erally do  not  inform  themselves  much  about  banking.  And  so  the  law 
would  go  by  default:  and  although  a  majority  of  those  voting  on  the 
question  might  be  in  favor  of  it,  still  it  is  not  a  law,  because  it  did  not  re- 
ceive a  majority  of  all  the  votes  cast. 

The  Convention  refused  to  reconsider;  and  then  the  Article  was  ordered 
to  enrollment. 

amendments. 

The  Convention  proceeded  to  the  verification  of  the  fourteenth  Article 
— Amendments — and  the  same  having  been  read  through — 

Mr.  Stinson.  Mr.  President,  I  would  inquire  of  the  chairman  of  the 
committee  on  Phraseology,  what  has  become  of  the  rhetorical  flourish  pre- 
fixed to  the  first  section  by  the  gentleman  from  Brown?  (Mr.  Kingman.) 

Mr.  Ingalls.    I  am  unable  to  tell. 

Mr.  Kingman.  I  recollect  prefixing  to  the  first  section  a  general  state- 
ment, to  the  effect,  that  the  people  have  the  right  at  all  times  to  change 
their  form  of  government.  But  I  am  not  strenuous  about  it.  It  was  a 
simple  declaration  of  a  good  principle;  and  the  object  was  to  keep  the 
principle  there,  whether  we  departed  from  it  in  practice  or  not. 

Mr.  Ingalls.  I  recollect  that  such  a  proposition  was  adopted.  But  it 
never  came  before  the  committee  on  Phraseology  and  Arrangement. 

Mr.  Kingman.    Let  it  die. 

(This  suffix  by  Mr.  Kingman  was  adopted  in  committee  of  the  whole, 
but,  on  the  25th,  it  was  rejected  in  Convention.) 

Mr.  Griffith.  Mr.  President,  I  perceive  that  a  slight  alteration  is 
necessary  in  the  twelfth  and  thirteenth  lines  of  the  first  section: 

"Sec.  1.  Propositions  for  the  amendment  of  this  Constitution  may  be 
made  by  either  branch  of  the  Legislature;  and  if  two-thirds  of  all  the 
members  elected  to  each  House  shall  concur  therein,  such  proposed 
amendments,  together  with  the  ayes  and  noes,  shall  be  entered  on  the 
journal;  and  the  Secretary  of  State  shall  cause  the  same  to  be  published 
in  at  least  one  newspaper  in  each  county  of  the  State  where  a  newspaper 
is  published,  for  three  months  preceding  the  next  election  for  Senators 
and  Representatives,  at  which  time  the  same  shall  be  submitted  to  the 
electors,  for  their  approval  or  rejection,  and  if  a  majority  of  the  electors 
voting  on  said  amendments,  at  said  election,  shall  adopt  such  amend- 
ments, the  same  shall  become  a  part  of  the  Constitution.  When  more  than 
one  amendment  shall  be  submitted  at  the  same  time,  they  shall  be  so 
submitted  as  to  enable  the  electors  to  vote  on  each  amendment  separately, 
and  not  more  than  three  propositions  to  amend  shall  be  submitted  at  the 
same  election." 

I  understand  that  our  Senators  will  be  elected  every  two  years.  I 
propose  to  strike  out,  in  the  twelfth  and  thirteenth  lines,  the  words 
[*424]  *"Senators  and"  so  that  the  proposition  to  amend  the  Constitu- 
tion need  not  lie  over  three  years. 

The  words  were  stricken  out  by  unanimous  consent. 

The  Article  was  then  ordered  to  the  enrollment. 


Friday,  July  29,  1859.  555 

miscellaneous — homestead. 

The  Convention  proceeded  to  the  verification  of  the  fifteenth  Article — 
Miscellaneous — and  the  same  having  been  read  through — 

Mr.  J.  Blood.  Mr.  President,  I  have  understood,  that  this  ninth  sec- 
tion was  to  be  referred  to  the  people  for  a  separate  vote: 

"Sec.  9.  A  homestead  to  the  extent  of  one  hundred  and  sixty  acres 
of  farming  land,  or  of  one  acre  within  the  limits  of  any  incorporated  town 
or  city,  occupied  as  a  residence  by  the  family  of  the  owner,  together  with 
all  improvem.ents  on  the  same,  shall  be  exempted  from  forced  sale  under 
any  process  of  law,  and  shall  not  be  alienated  without  the  joint  consent 
of  husband  and  wife  when  that  relation  exists;  but  no  property  shall  be 
exempt  from  sale  for  taxes  or  for  the  pajinent  of  obligations  contracted 
for  the  purchase  of  said  premises,  or  for  the  erection  of  improvements 
thereon.  Provided,  the  provisions  of  this  section  shall  not  apply  to  any 
process  of  law  obtained  by  virtue  of  a  hen  given  by  the  consent  of  both 
husband  and  wife." 

Mr.  Ingalls.    That  \\dll  be  read  as  section  twenty-five  in  the  Schedule. 

Mr.  J.  Blood.  My  understanding  was  that  it  was  to  be  submitted  for 
a  separate  vote,  and  I  move  to  reconsider,  for  the  purpose  of  striking  out 
this  section,  and  inserting  the  submission  of  the  homestead  exemption  in 
the  form  of  a  resolution,  which,  by  the  indulgence  of  the  Chair,  I  will  read : 

"Resolved,  That  at  the  same  time  when  the  votes  of  the  electors  shall 
be  taken  for  the  adoption  or  rejection  of  this  Constitution,  an  additional 
section,  in  the  following  words,  viz:  A  homestead  to  the  exi;ent  of  one 
hundred  and  sixty  acres  of  farming  land,  or  of  one  acre  within  the  limits 
of  any  incorporated  town  or  city,  occupied  as  a  residence  by  the  family 
of  the  owner,  together  with  all  improvements  on  the  same,  shall  be  ex- 
empted from  forced  sale  under  any  process  of  law,  and  shall  not  be 
alienated  without  the  joint  consent  of  husband  and  wife  when  that  relation 
exists — but  no  property  shall  be  exempt  from  sale  for  taxes  or  for  the 
payment  of  obligations  contracted  for  the  purchase  of  said  premises,  or 
for  the  erection  of  improvements  thereon:  Provided,  The  provisions  of  this 
section  shall  not  apply  to  any  process  of  law  obtained  by  virtue  of  a  lien 
given  by  the  consent  of  both  husband  and  wife. 

To  be  submitted  to  the  electors  of  this  State  for  adoption  or  rejection, 
in  the  form  following  to  wit:  A  separate  ballot  may  be  given  by  every 
person  having  the  right  to  vote  for  the  adoption  of  this  Constitution,  to 
be  deposited  in  a  separate  box.  Upon  the  ballots  given  for  the  adoption 
of  said  separate  amendment,  shall  be  written  and  printed,  or  partly  written 
and  partly  printed,  the  words:  "Homestead  exemption;  Yes."  And  upon 
the  ballots  given  against  the  adoption  of  said  separate  amendment:  "Home- 
stead exemption;  No."  And  on  such  ballots  shall  be  written  or  printed 
the  words  "Homestead  exemption,"  in  such  manner  that  such  words  shall 
appear  on  the  outside  of  such  ballots  when  folded.  If  at  the  said  election 
a  majority  of  all  the  votes  given  for  and  against  the  said  separate  amend- 
ment shall  contain  the  words,  "Homestead  exemption;  Yes," — then  the 
said  separate  amendment,  after  the  adoption  of  this  Constitution,  shall 
be  a  separate  section,  to  be  numbered  section  9  of  the  Article  on  ^'Iis- 
cellaneous  of  this  Constitution,  in  full  force  and  effect." 

The  Convention  refused  to  reconsider. 

Mr.  Kingman.    Mr.  President,  there  is  a  suggestion  growing  out  of  the 
peculiar  phraseology  of  the  sixth  section: 
[*425]     "Sec.  6.     The  Legislature  shall  provide  for  *the  protection  of 


556  CoN\'ENTiON  Proceedings  and  Debates. 

the  rights  of  women,  married  and  single,  in  acquiring  and  possessing  prop- 
erty, real,  personal  and  mixed,  separate  and  apart  from  the  husband,  and 
shall  also  pro\dde  for  the  equal  rights  of  women  in  the  protection  of  their 
children." 

I  have  no  objection  to  the  principle  of  the  section,  but  I  am  positively 
unable  to  understand  how  it  is  that  a  single  woman  should  be  said  to  have 
property  separate  and  apart  from  her  husband.  I  move  for  unanimous 
consent  to  strike  out  the  words  "married  or  single,"  as  these  two  classes 
comprehend  all  the  ladies  with  whom  I  am  acquainted. 

The  words  were  stricken  out. 

Mr.  Kingman.  I  wish  the  Convention  would  consent  to  reconsider 
section  7: 

"Sec.  7.  The  Legislature  may  reduce  the  salaries  of  officers,  who  shall 
neglect  the  performance  of  any  legal  duty." 

It  puts  the  salaries  of  officers  so  under  the  control  of  the  Legislature  as 
to  render  them  liable  to  become  subjects  of  political  punishment.  I  move 
to  reconsider  the  Article,  for  the  purpose  of  striking  out  this  section. 

The  Convention  refused  to  reconsider. 

]\Ir.  Hutchinson.  Mr.  President,  the  Sth  section,  referring  to  the  lo- 
cation of  the  Capital,  reads: 

"Sec.  8.  The  temporary  seat  of  government  is  hereby  located  at  the  city 
of  Topeka,  county  of  Shawnee.  The  first  Legislature  under  this  Constitu- 
tion shall  provide  by  law  for  submitting  the  question  of  the  permanent 
location  of  the  Capital  to  a  popular  vote,  and  a  majority  of  all  the  vot€S 
cast  at  some  general  election  shall  be  necessary  for  such  location." 

There  might  be  many  people  in  some  counties  that  would  be  indifferent 
about  this  location,  and  thousands  of  voters  might  refuse  to  cast  their 
votes  on  the  question.  I  move  to  reconsider,  for  the  purpose  of  mo\'ing 
to  amend  so  as  to  require  only  a  majority  of  all  the  votes  cast  on  the 
Capital  question. 

The  Convention  refused  to  reconsider. 

The  Article  was  then  ordered  to  the  final  enrollment. 

schedule — HOMESTEAD. 

The  Convention  proceeded  to  the  verification  of  the  sixteenth  Article — 
Schedule — and  the  same  having  been  read  through — 

The  President.  The  Chair  would  state,  that  the  provision  prepared  by 
the  committee  on  phraseology  and  arrangement,  for  submitting  the  Home- 
stead to  a  separate  vote,  should  come  in  here  at  the  close  of  this  Article,  as 
the  clerk  will  read: 

"Sec.  25.  At  the  election  to  be  held  for  the  ratification  or  rejection  of 
rhis  Constitution  each  elector  shall  be  permitted  to  vote  on  the  Home- 
stead provision  contained  in  the  Article  on  'A.iscellaneous,'  by  depositing  a 
ballot  inscribed  Tor  the  Homestead,'  or  'Against  the  Homestead;'  and  if 
a  majority  of  all  the  votes  cast  at  said  election  shall  be  against  said  pro- 
vision, then  it  shall  be  stricken  from  the  Constitution." 

The  section  was  adopted. 
Mr.  May.    Mr.  President,  in  the  14th  section: 

"Sec.  14.  Said  judges  of  election,  before  entering  upon  the  duties  of 
their  office,  shall  take  and  subscribe  an  oath  faithfully  to  discharge  their 


Friday,  July  29,  1859.  557 

duties  as  such.  They  shall  appoint  two  clerks  of  election,  who  shall  be 
sworn  by  one  of  said  judges  faithfully  to  discharge  their  duties  as  such. 
In  the  event  of  a  vacancy  in  the  board  of  judges  the  same  shall  be  filled  by 
the  bystanders." 

I  move  to  strike  out  the  words  '"bystanders"  and  insert  "electors 
present." 

The  amendment  was  taken  bj-  consent. 

Mr.  HipPLE.    What  rule  is  to  decide  who  are  electors? 

The  President.    The  registry  law. 

Mr.  Stinson.  I  move  to  strike  out  from  the  14th  section  the  words  "as 
such,"  where  they  occur  in  the  fourth,  fifth  and  eighth  lines. 

The  President.  The  Chair  supposes  these  are  literal  transcripts  from 
the  Territorial  law,  and  perhaps  better  not  be  changed. 

[*426]     *Mr.  BuRRis.    I  object. 

Mr.  Stinson.    In  the  fourth  section: 

"Sec.  4.  All  laws  and  parts  of  laws  in  force  in  the  Territory,  at  the 
time  of  the  acceptance  of  this  Constitution  by  Congress,  not  inconsistent 
with  this  Constitution,  shall  continue  and  remain  in  full  force  until  they 
expire,  or  be  repealed." 

In  the  last  line  insert  the  word  "shall"  between  "or"  and  "be." 

The  amendment  was  taken  by  unanimous  consent. 

Mr.  Hutchinson.    In  the  24th  section: 

"The  first  Legislature  shall  have  no  power  to  make  any  change  in  county 
lines." 

There  is  more  in  this  section  than  seems  to  have  been  designed  to  be 
expressed.  We  ought  to  strike  out  all  after  the  word  "power."  For,  if 
they  have  the  right  to  do  anj'thing  it  seems  to  me  they  ought  to  have  the 
power  to  change  county  lines,  if  the  people  desire.    I  make  that  motion. 

There  was  no  second. 

The  Article  was  then  ordered  to  the  enrollment;  and  so  the  Constitu- 
tion was  verified  and  approved. 

NO   SMOKING. 

Mr.  McDowell.  Mt.  President,  I  rise  to  a  point  of  order.  There  is  a 
rule  of  the  Convention  to  prevent  smoking  in  the  Hall.  And  my  colleague 
here  is  indulging. 

The  President.  The  point  is  well  taken.  The  Sergeant-at-arms  \n\l 
see  that  the  rule  is  enforced. 

MEM0RI.\L. 

The  Convention  proceeded  to  the  verification  of  the  Memorial  of  the 
Convention  of  the  people  of  Kansas  to  the  Congress  of  the  United  States, 
and  the  same  having  been  read  through — 

Mr.  Thacher.    I  do  not  understand  the  object  of  the  last  resolution: 

"Resolved,  That  it  is  the  desire  of  the  people  to  be  admitted  into  the 
Union  with  this  Constitution." 

Mr.  J.  Blood.    I  see  no  propriety  in  it. 
The  President.    I  have  seen  no  precedent  for  it. 

Mr.  J.  Blood.  When  the  Constitution  .shall  have  been  ratified  and  sent 
to  Washington — that  is  an  application  for  admission.     I  think  it  can  be 


558  Convention  Proceedings  and  Debates. 

hardly  necessary  to  retain  this  resolution.  I  do  not  see  any  necessity  for 
it,  nor  any  propriety  in  it.  I  think  it  is  new  and  unusual.  I  propose  to 
reconsider  for  the  purpose  of  offering  the  following  to  take  its  place: 

"We  do  hereby  certify  that  the  foregoing  is  the  Constitution  adopted  by 
us  in  Convention.  In  testimony  whereof  we  have  hereunto  set  our  hands 
at  Wyandotte,  the day  of  July.  a.d.  1859."' 

The  Convention  refused  to  reconsider. 

Mr.  J.  Blood.  I  suppose  it  is  in  order  to  offer  a  motion  to  change  the 
heading  of  this  bill. 

The  President.    It  will  be  in  order  after  it  shall  have  been  acted  on. 

Mr.  McDowell.  Mr.  President,  would  it  not  be  well  to  have  a  resolu- 
tion there,  asking  Congress  to  assume  the  debts  of  the  Territory? 

Mr.  McDowell  submitted  the  following: 

"Resolved,  That  Congress  be  further  requested  to  assume  the  debt  of 
this  Territory." 

Mr.  J.  Blood.  I  see  no  necessity  for  such  a  resolution.  I  think  the 
debts  of  the  Territory  are  the  debts  of  Congress  already. 

Mr.  BuRRis.  If  the  gentleman  from  Douglas  is  correct — and  I  sup- 
pose he  is — still  I  see  no  impropriety  in  adding  the  resolution. 

The  resolution  was  adopted  by  consent. 

On  the  motion  of  Mr.  Griffith  (by  unanimous  consent)  the  heading  of 
this  bill  was  changed  from  "Memorial"  to  "Resolutions." 

The  President.  The  Chair  would  enquire  whether  the  Schedule  is  an 
Article  of  the  Constitution.  In  the  Constitution  of  Minnesota,  the 
Schedule  stands  alone. 

Mr.  Kingman.    So  it  does  in  the  old  Constitution  of  Kentucky. 

The  words  "article  sixteen"  were  stricken  out  by  unanimous  consent. 

The  Resolutions  were  then  adopted,  passed  and  ordered  to  the  final 
enrollment. 
[*427]  *attesting  clause. 

Mr.  LiLLiE  submitted  the  following: 

"Done  in  Convention  by  Delegates  assembled  at  Wyandot,  on  the  29th 
day  of  July,  a.  d.  1859,  and  of  the  sovereignty  and  independence  of  the 
United  States  the  eighty-third." 

Mr.  McDowell.  A  resolution  has  been  passed  providing  for  a  mode 
of  authentication.    It  is  in  the  usual  mode,  I  believe. 

The  President.  The  Chair  understands  the  resolution  to  apply  to 
copies  of  the  Constitution  in  general — not  requiring  all  the  signatures  or 
the  general  attestation  of  members. 

Mr.  Stinson.  I  would  inquire  what  majority  it  will  require  to  carry 
that  resolution? 

The  President.    A  majority. 

Mr.  Stinson.  I  thought  that  all  new  matter  must  be  passed  by  two- 
thirds? 

The  President.  The  gentleman  is  mistaken.  The  rule  has  respect 
only  to  reconsiderations  and  amendments  under  reconsiderations. 

Mr.  BuRRis  proposed'  to  amend  the  proposition,  by  substituting  the 
following: 

"Done  in  Convention  at  Wyandot,  this  29th  day  of  July,  a.  d.  1859." 


Friday,  July  29,  1859.  559 

Mr.  Stinson.  Mr.  President,  it  strikes  me  that  this  is  an  integral 
part  of  the  Constitution;  and  that  in  order  to  adopt  it  we  shall  be  obliged 
to  reconsider  some  part  of  the  Constitution — now  since  we  have  passed 
every  part  of  it.  If  it  were  not  a  part  of  the  Constitution,  I  should  call 
it  a  resolution,  with  the  Chair.  But  it  seems  to  me  that  the  attesting 
clause  is  as  much  a  part  of  the  Constitution  as  any  other  part  of  the  in- 
strument: and  that  in  order  to  adopt  it,  it  will  be  necessary  to  recon- 
sider some  part — say  the  last  word — of  the  Constitution. 

The  PREsmENT.  The  Chair  is  of  opinion,  that  the  resolution  in  no 
way  affects  the  Constitution  as  an  amendment. 

Mr.  Stinson.  The  ruling  of  the  Chair  would  amend  without  recon- 
sidering a  portion  of  the  article. 

Mr.  BuRRis'  substitute  was  agreed  to,  and  so  the  clause  was  adopted 
and  passed. 

THE  LADIES. 

Mr.  Griffith  submitted  the  following,  which  was  adopted  unanimously: 
"Resolved,  That  the  thanks  of  this  Convention  be  tendered  to  the  Ladies, 
who  have  favored  us  with  their  presence  during  our  labors." 

CONVENTION    RECORDS. 

Mr.  Simpson  submitted  the  following: 

"Resolved,  That  the  records  of  this  Convention,  with  the  exception  of  the 
authenticated  copy  of  the  Constitution,  be  entrusted  to  the  custody  and 
safe  keeping  of  the  Secretary  of  this  Convention,  to  be  delivered  by  him 
to  the  Secretary  of  State  on  the  admission  of  Kansas  into. the  Union,  and 
placed  among  the  archives  of  the  State." 

The  resolution  was  adopted. 

At  12  M.  the  Convention  took  a  recess  till  3  p.  m. 


AFTERNOON  SESSION. 
The  PREsroENT  called  the  Convention  to  order  at  3  o'clock. 

PER    DIEM    OF    THE    PRESIDENT. 

Mr.  N.  C.  Blood.    Mr.  President,  I  offer  the  following  resolution: 
"Resolved,  That  the  President  of  this  Convention,  J.  M.  Winchell,  as  an 
officer,  be  allowed  the  resular  per  diem  pay  as  other  officers  of  this  body." 
The  resolution  was  adopted. 

ACKNOWLEDGMENTS. 

Mr.  Arthur.    Mr.  President,  I  have  a  resolution: 

"Resolved,  That  the  thanks  of  this  Convention  be  tendered  to  John  A. 
Martin,  as  Secretary,  and  his  assistants,  A.  J.  Blanchard,  R.  J.  Hinton  and 
Samuel  F.  Tappan,  and  also  to  George  F.  Warren,  Sergeant-at-Arms,  and 
John  M.  Funk,  Doorkeeper,  and  their  assistants,  for  the  very  able  and 
faithful  manner  in  which  they  have  performed  the  laborious  duties  of  their 
respective  offices." 

The  resolution  was  adopted. 

Mr.  TowNSEND.  Mr.  President,  I  have  a  resolution  which  I  wish  to 
offer: 


5C0  Convention  Proceedings  and  Debates. 

[*428]  ^"Whereas,  for  the  third  time  the  people  of  Kansas,  through 
their  chosen  representatives,  have  convened  in  earnestness  and  solenmity 
to  build  up  a  bulwark  of  freedom  and  popular  rights,  in  the  organization 
of  a  State  government;  and  whereas,  the  hour  is  nigh  for  the  word  of 
parting  and  the  close  of  our  labors;  therefore, 

Resolved,  That  the  thanks  of  this  Convention  are  gratefully  tendered 
to  the  Hon.  J.  M.  Winchell,  for  the  able,  determined,  impartial  and  digni- 
fied manner  in  which  he  has  fulfilled  the  obligations  of  his  arduous  position. 

Resolved,  That  the  Hon.  J.  M.  Winchell  carries  with  him  the  gratitude 
and  the  kindest  wishes  of  the  members  of  this  Convention." 

The  preamble  and  resolutions  were  adopted. 

Mr.  J.  Blood.    Mr.  President,  I  offer  the  following: 

"Resolved,  That  the  thanks  of  this  Convention  be  respectfully  tendered 
to  the  Rev.  Mr.  Davis,  who  has  attended  the  Convention  with  his  prayers, 
invoking  the  blessings  of  Almighty  God  upon  the  labors  of  this  Convention." 

The  resolution  was  adopted. 

Mr.  Hutchinson.    Mr.  President,  I  have  a  resolution: 

"Resolved,  That  the  thanks  of  the  members  of  this  Convention  are  due 
the  citizens  of  Wyandot,  for  the  courtesies  and  hospitalities  received  at 
their  hands  during  the  session." 

The  resolution  was  adopted. 

Mr.  N.  C.  Blood.  Mr.  President,  I  have  a  report  in  behalf  of  the  com- 
mittee on  accounts: 

Allowing  J.  R.  Parr  $60  for  putting  up  railing. 

The  report  was  adopted. 

printing  of  the  official  report  of  proceedings  and  debates. 

Mr.  Burris.  Mr.  President,  allow  me  to  enquire  what  action  the  Con- 
vention has  taken  to  provide  for  publication  in  pamphlet  form  of  the 
debates  and  proceedings? 

The  President  (x\  r.  Thacher  in  the  Chair).  The  chairman  of  the  com- 
mittee on  prmting  perhaps  can  tell. 

Mr.  Burris.  I  simply  desired  to  call  the  attention  of  the  Convention 
to  it. 

Mr.  Hutchinson.  Mr.  President,  I  would  state  in  reply,  though  not 
upon  that  committee,  that  the  printer  commenced  striking  off  the  same 
matter  he  publishes  in  his  paper,  for  a  pamphlet  edition  of  sixty  copies,  by 
request  of  the  chairman  of  the  committee.  The  matter  was  named  in  open 
Convention,  suggestions  were  called  for  and  none  were  made;  so  the  com- 
mittee increased  the  number  from  sixty  to  one  hundred.  At  that  point 
the  matter  rests.  They  are  striking  off  simply  one  hundred  copies,  and  at 
this  late  stage  it  would  be  expensive  to  make  any  new  orders;  but  the 
printer  proposes  to  continue  striking  the  same  number  to  the  close,  when 
we  will  have  two  copies  to  each  member,  each  copy  stitched  together,  with 
paper  covers — with  this  exception:  this  arrangement  was  not  proposed 
until  the  type  of  two  or  three  days'  proceedings  had  been  taken  down — I 
don't  know  what  the  term  is  they  use. 

Mr.  Thacher.    Distributed. 

IN'r.  Hutchinson.  It  will  require  a  new  resolution  about  the  matter, 
throughout,  for  the  printer  should  reset  the  first  two  or  three  days'  pro- 
ceedings, in  order  that  we  will  have  complete  reports. 


Friday,  July  29,  1859.  561 

lipman  meyer. 

Mr.  J.  Blood.  Mr.  President,  I  believe  there  was  a  memorial  laid  upon 
the  table  yesterday  from  Mr.  Meyer,  asking  for  additional  pay  for  the  use 
of  this  hall.    If  in  order,  I  move  that  memorial  be  taken  from  the  table. 

The  motion  was  agreed  to. 

Mr.  J.  Blood.  Mr.  President,  I  propose  to  offer  the  following  resolu- 
tion: 

"Resolved,  That  one  hundred  dollars  be  and  is  hereby  allowed  to  Mr.  L. 
Myers,  in  addition  to  the  amount  (•$291)  recommended  by  the  committee  on 
accounts." 

[*429]     *Mr.  Foster.    I  move  to  lay  it  upon  the  table. 

The  President  (Mr.  Thacher  in  the  Chair).    There  is  not  a  second. 

The  resolution  was  adopted. 

PROCEEDINGS   AND   DEBATES. 

Mr.  President  Winchell.  Mr.  President,  is  there  anything  before  the 
House  ? 

The  President.    There  is  nothing. 

Mr.  President  Winchell.    I  offer  the  following  resolution: 

"Resolved,  That  the  pamphlet  copies  of  the  proceedings  and  debates  be 
ordered  to  be  completed  and  distributed  among  the  members  and  officers." 

Mr.  President  Winchell.  Mr.  President,  I  would  say  that  I  under- 
stood one  hundred  copies  to  be  ordered;  that  a  large  proportion  of  the 
pamphlet  is  printed,  but  the  first  part  is  not  printed,  and  the  type  has 
been  distributed.  The  whole  operation  of  that  resolution  would  be  to  have 
the  first  part  re-printed  so  as  to  complete  the  pamphlet.  If  the  Conven- 
tion is  desirous  of  going  to  an  additional  expense  and  ordering  the  whole 
type  reset,  to  have  a  thousand  copies  printed,  I  shall  not  object.  But  in 
order  to  secure  what  we  have  done,  I  think  that  resolution  is  necessary. 

Mr.  Stiarwalt.  Mr.  President,  I  move  that  the  resolution  be  amended 
so  that  five  hundred  copies  be  printed  in  pamphlet  form. 

Mr.  Winchell.    I  accept  the  amendment. 

Mr.  Thacher.  Mr.  President,  I  suggest  that,  having  to  reset  the  type 
for  five  hundred  copies,  you  might  as  well  have  a  thousand  copies  struck 
off  as  five  hundred.  The  additional  expense  would  be  trifling — only  the 
press-work  and  paper. 

Mr.  Stiarw.\lt.    I  accept. 

The  resolution,  as  thus  amended,  was  then  adopted. 

the   LEAVENWORTH    TIMES. 

Mr.  Simpson.    I  offer  the  following  resolution: 

"Resolved,  That  the  thanks  of  this  Convention  are  tendered  to  Cham- 
pion Vaughn,  proprietor  of  the  Leavenworth  Times,  for  the  gratuitous 
distribution  of  his  paper  to  the  delegates." 

The  resolution  was  adopted. 

THE  ladies. 

The  President.  The  Chair  would  state  he  has  a  communication  from 
the  ladies,  which  he  is  requested  to  read: 

"The  ladies  attending  the  sessions  of  this  Convention  beg  leave  to  re- 
spond to  the  vote  of  thanks  tendered  this  morning — that  they  have  been 
both  pleased  and  profited  by  the  debates  and  proceedings  generally. 

36 — 778 


562  Convention  Proceedings  and  Debates. 

And  while  they  acknowledge  themselves  duly  grateful  for  small  favors 
from  the  Constitutional  Board,  they  beg  leave  to  say,  that  the  very  com- 
mendable self-respect  of  the  members  generally,  has  relieved  them  from  all 
unpleasant  apprehensions  as  to  the  wisdom  or  the  propriety  of  asking  for 
the  residue  of  "rights"  on  all  suitable  occasions. 

C.  J.  H.  Nichols,  Lucy  B.  Armstrong, 

Susan  Collins,  H.  Elizabeth  Page, 

S.  M.  Paddock,  Emily  Stapleton, 

Catharine  Lee,  Bertia  C.  Carpenter, 

F.  E.  Root,  H.  H.  Alden, 

H.  Ann  Taylor." 

the    WYANDOTTE   COMMERCIAL   GAZETTE. 

The  President.  The  Chair  is  requested  to  make  a  statement  with  re- 
gard to  the  printing  account.  A  statement  was  made  this  morning  by  a 
member  in  his  place,  but  no  action  was  taken  by  the  Convention.  The 
Chair  is  now  informed  that  Mr.  McDonald  is  desirous  of  having  the  matter 
put  in  some  shape,  and  that  he  is  willing  to  compromise  bj^  taking  money 
for  the  amount  of  papers  originally  contracted  for — two  copies  to  each 
member — and  taking  the  balance  in  scrip.  It  seems  to  the  Chair  that  this 
is  a  reasonable  proposition  on  the  part  of  Mr.  McDonald.  Some  action 
should  be  taken,  as  there  is  no  question  but  that  the  tacit  understanding 
was  that  he  was  to  have  pay  in  cash  for  his  papers,  or  the  scrip  at  its  cash 
value,  which  probably  will  be  fifty  per  cent. 

[*430]  *Mr.  Ross.  He  proposes  to  finish  the  proceedings  and  furnish 
the  paper  to  the  close,  at  that  rate. 

The  President.  So  the  Chair  understands  it.  I  suppose  he  will  send 
them  to  the  post  office  address  of  members. 

Mr.  Ross.    Yes,  sir. 

Mr.  Thacher.    It  seems  to  me  each  member  is  to  pay  his  two  dollars. 

Mr.  Kingman.  Will  the  gentleman  from  Douglas  (Mr.  Thacher)  in- 
form those  men  who  are  without  money  how  they  will  do  it? 

Mr.  Thacher.  They  had  better  be  called  upon  by  the  gentleman  from 
Brown  (Mr.  Kingman). 

Mr.  Kingman.  He  has  had  the  subiect  under  consideration  longer 
than  any  other  member  of  the  House,  probably. 

Mr.  Stinson.  Mr.  President,  I  desire  to  offer  a  resolution.  I  will  pre- 
pare it. 

printing  the  official  reports. 

Mr.  Hutchinson.  Mr.  President,  about  the  resolution  that  was  passed 
a  few  moments  ago — I  voted  against  it  almost  alone — in  reference  to 
ordering  one  thousand  copies  of  the  reports  of  the  proceedings  of  this 
Convention.  I  simply  wish  to  state  the  reasons  for  that  vote,  or  rather 
the  position  the  Convention  is  in,  in  reference  to  that  vote.  The  order 
for  Mr.  McDonald  to  reset  the  matter  will  cost  from  one  thousand  to 
fifteen  hundred  dollars.  The  subject  has  been  brought  before  us  at  two 
separate  times  in  the  early  part  of  the  session,  and  suggestions  called  for. 
At  that  time  we  might  have  ordered  two  thousand  copies  for  the  addi- 
tional expense  of  only  the  pres.s-work  and  paper — probably  not  over  two 
hundred  dollars;  but  now  to  reset  the  type  for  one  thousand  copies  will 
cost  five  or  six  times  that  amount.  I  doubt  whether  the  people  of  this 
Territory  will  consider  that  an  economical  act  in  this  body.    I  would  have 


Friday,  July  29,  1859.  563 

been  glad  to  have  voted  for  such  a  resolution  at  the  time  the  two  several 
suggestions  were  made,  but  after  passing  the  whole  session  with  an  order 
for  one  hundred  copies,  to  now  order  one  thousand  copies,  is  an  inju- 
dicious act. 

Mr.  Stinson.    Mr.  President,  I  desire  to  offer  the  following  resolution: 

"Resolved,  That  a  committee  of  five,  with  the  Sergeant-at-Arms  as  chair- 
man, be  appointed  to  make  a  personal  investigation  into  the  pecuniary  re- 
sources of  members  as  well  as  their  pockets,  to  ascertain  if  they  can  stand 
the  'raise'  proposed  by  the  printer." 

Mr.  Greer.    I  move  to  lay  the  resolution  on  the  table. 

The  motion  was  rejected. 

Mr.  J.  Blood.  I  propose  to  postpone  the  consideration  of  the  resolu- 
tion till  to-morrow. 

Mr.  Stinson.    I  move  to  lay  the  motion  on  the  table. 

The  motion  was  agreed  to. 

The  resolution  was  then  adopted. 

Mr.  Hutchinson.  Mr.  President,  I  now  move  to  reconsider  the  vote 
ordering  one  thousand  copies  of  the  proceedings  and  debates  to  be  printed. 

The  motion  was  agreed  to. 

Mr.  Thacher.  I  move  to  adopt  the  resolution  with  the  amount  men- 
tioned by  the  President  (Mr.  Winchell) — one  hundred  copies. 

Mr.  Wrigley.  Mr.  President,  I  desire  to  ask  the  chairman  of  the  com- 
mittee on  printing  whether  or  not  the  forms  in  the  printing  office  are  yet 
up?  I  forget  the  term  uspd — but  whether  or  not  any  of  the  past  reports 
of  proceedings  have  been  distributed? 

The  President.  The  Chair  understands  the  type  has  all  been  taken 
down  as  fast  as  the  one  hundred  copies  were  printed. 

The  amendment  was  adopted  as  proposed  by  Mr.  Thacher. 

And  then  the  resolution,  as  amended,  was  adopted. 

Mr.  Thacher.  Mr.  President,  I  move  we  proceed  to  the  reading  of 
the  enrolled  copy  of  the  Constitution. 

THE   WYANDOTTE   GAZETTE. 

[*431]     *Mr.  Ross.     Mr.  President,  I  wish  to  make  an  explanation  of 
this  printing  matter,  if  I  could  be  in  order. 

The  President.    By  consent  the  gentleman  will  proceed. 

Mr.  Ross.  The  printer  expects  us  to  pay  two  dollars  in  cash  for  what 
papers  he  has  printed.  I  do  not  think  it  would  be  proper  to  vote  out  of 
this  appropriation  the  balance  which  he  asks,  which  would  more  properly 
come  from  the  members  themselves.  I  think  it  would  be  no  more  than 
fair  that  each  member,  having  received  his  papers,  should  pay  him  what  he 
asks,  inasmuch  as  it  was  a  cash  contract  made  in  good  faith. 

The  President.  The  Chair  understands  that,  according  to  our  present 
action,  Mr.  Macdonald  has  no  provision  made  for  paying  him  for  the 
papers  which  have  been  printed  for  the  use  of  the  Convention. 

Mr.  Thacher.  Mr.  President,  there  was  an  understanding  that  the 
papers  were  to  be  a  dollar  a  copy,  and  all  understood  they  were  to  be  paid 
for  in  scrip.  Now  the  proposition  is  to  receive  two  dollars  in  cash  and  the 
balance  in  scrip,  at  its  cash  value.  I  am  willing  to  accept  the  proposal.  I 
think  it  is  fair;  and  we  ought  not  to  defraud  the  printer,  anyway. 


564  CoNVENTiox  Proceedings  and  Debates. 

Mr.  BuRRis.    Mr.  President,  I  offer  the  following: 

"Resolved,  That  the  proprietor  of  the  Wyandotte  Commercial  Gazette 
be  allowed  six  hundred  and  twenty-four  dollars,  for  the  publication  of  the 
three  hundred  and  twelve  copies  of  the  Gazette,  provided  said  number  of 
copies  shall  continue  to  be  furnished  until  the  proceedings  and  debates  of 
this  Convention  are  all  published." 

Mr.  May.  Mr.  President,  there  are  several  members  of  the  Convention 
that  have  never  received  their  copies.  I  have  never  received  one-half  of 
mine. 

The  PREsmENT.    The  copies  have  been  furnished  by  the  printer. 

Mr.  May.  I  have  been  away  some  time,  and  requested  they  should  be 
sent  to  me,  but  they  never  were. 

The  President.  WiU  the  Sergeant-at-Arms  state  whether  they  were 
sent  to  the  hall?    The  Chair  understands  the  printer  has  done  his  part. 

Mr.  Hutchinson.  Mr.  President,  the  printer  has  no  money  allowed 
him  by  that  resolution.  I  came  from  his  office  since  dinner,  and  I  feel 
that  he  will  not  be  satisfied  with  this  disposition  of  the  matter.  His  first 
proposition  was  that  he  would  take  one-half  in  cash,  and  he  has  since  come 
down  to  two  dollars.  I  am.  sure  he  will  not  take  any  lower  offer.  There 
was  an  express  contract  by  which  he  was  to  receive  pay  from  the  mem- 
bers; I  am  sure  I  stated  so  the  second  day  of  the  session.  If  gentlemen 
do  not  understand  it,  it  is  not  because  the  statement  was  not  made. 

The  President.  The  Chair  would  enquire  whether  six  hundred  was 
the  number. 

Mr.  Ross.    The  number  was  six  copies  to  each  member. 

The  President.  The  Chair  understands  the  printer  proposes  to  re- 
ceive two  dollars  from  each  member  in  money,  and  eight  dollars  in  scrip. 

Mr.  Ross.  The  Sergeant-at-Arms  informs  me  that  the  officers  were 
also  included. 

Mr.  J.  Blood.  If  the  committee  on  printing  have  any  proposition  to 
make,  I  would  like  to  hear  it.  It  seems  to  me  they  ought  to  be  informed 
in  relation  to  this  matter. 

Mr.  Ross.  The  Chairman  of  the  committee  on  printing  has  distinctly 
stated  that  he  thought  it  the  duty  of  every  member  to  fork  over. 

The  President.  It  is  impossible  for  gentlemen  to  fork  over  scrip,  for  it 
is  not  divided. 

Mr.  Griffith.  Mr.  President,  I  would  like  to  know  if  this  resolution 
does  not  provide  for  double  payment  in  scrip  for  these  papers  which  the 
[*432]  gentleman  can  cash,  and  thus  get  '^the  cash  value  of  his  papers? 
If  we  pass  it,  I  think  it  would  be  all  Mr.  Macdonald  would  require.  I 
presume  it  is  customary  for  all  legislative  bodies  to  furnish  a  certain 
amount  of  papers  for  their  members.  If  individual  members  take  scrip 
for  their  pay,  those  doing  business  for  us  ought  to  take  scrip;  we  ought 
all  to  stand  upon  common  level  in  this  matter. 

Mr.  McClelland.  Mr.  President,  I  move  to  amend  the  resolution  so 
that  it  will  read  seven  hundred  and  twenty  dollars.  In  doing  so,  I  count 
sixty  copies,  for  members  and  officers.  That,  at  two  dollars  a  copy, 
amounts  to  seven  hundred  and  twenty  dollars.  As"  there  is  a  misunder- 
standing about  the  matter,  this  will  make  their  cash  value  to  the  printer. 

Mr.  Blunt.  Mr.  President,  I  wish  to  enquire  of  the  Chair,  or  some 
one  who  has  knowledge  of  Ihe  facts,  if  the  proprietor  of  this  paper  is  not 


Friday,  July  29,  1859.  565 

paid  in  addition  for  publishing  the  proceedings  and  debates — so  much  per 
thousand  ems,  in  addition  to  what  he  gets  from  the  sale  of  his  paper? 

Mr.  Ross.  Mr.  President,  that  is  a  matter  which  has  no  reference  what- 
ever to  the  contract.  There  has  been  a  definite  contract  entered  into  and 
made  by  him  in  good  faith.  If  he  gets  too  much,  it  is  the  fault  of  the 
Convention,  and  not  his. 

Mr.  Blunt.    There  seems  to  be  some  misunderstanding  among  members. 
Mr.  Stinson.    Mr.  President,  I  believe,  if  I  remember  right,  we  have 
never  asked  any  land  of  Congress;  I  offer  this  as  a  substitute: 

"Resolved,  That  Congress  be  memorialized  to  appropriate  one-quarter 
section  of  land  to  pay  the  printer." 

The  substitute  was  adopted. 

The  resolution,  as  amended,  was  adopted. 

Mr.  Thacher.  Mr.  President,  I  now  renew  my  motion  to  read  the 
enrolled  copy  of  the  Constitution,  as  far  as  it  is  in  the  possession  of  the 
Convention. 

Mr.  Ross.  Mr.  President,  I  presume  that  the  Constitution  is  now 
printed  and  ready  for  the  use  of  members.  I  suggest  that  a  page  be  sent 
to  the  printing  office  to  procure  printed  copies,  so  that  members  can 
have  it  in  their  hands  while  the  reading  is  going  on. 

The  President.  Unless  objection  is  made,  the  reading  will  be  deferred 
until  a  patre  goes  to  the  printing  office  and  gets  the  copies  as  printed, 
corrected  and  complete.  The  Sergeant-at-Arms  will  send  for  the  copies. 
(A  page  was  sent  and  returned.) 

The  Chair  is  informed  that  the  Constitution  will  not  be  printed  for  some 
liours.    The  Secretary  will  proceed  with  the  reading. 

THE    POWER   BEHIND   THE   THRONE. 

Mr.  Stinson.    Mr.  President,  I  wish  to  offer  the  following  resolution: 

"Resolved,  That  the  thanks  of  this  Convention  be  tendered  to  J.  Cham- 
pion Vaughan,  for  the  able  and  efficient  manner  in  which  he  has  dis- 
charsed  his  duties  as  the  power  behind  the  throne  in  this  Convention." 

The  resolution  was  adopted. 

SIGNING    OF    THE   CONSTITUTION. 

The  President.  The  Clerk  will  proceed  to  read  the  Constitution.  The 
Constitution  was  read  to  the  5th  article.  The  Chair  is  informed  that  it 
will  be  two  hours  before  the  balance  will  be  ready.  The  signing  will  take 
some  little  time;  it  is  now  near  five  o'clock,  and  the  Convention  should 
decide  upon  what  order  of  proceedings  shall  be  had. 

Mr.  J.  Blood.    Mr.  President,  I  move  we  proceed  to  sign  it  by  districts. 

Mr.  Thacher.  I  suggest  that  the  President  and  Secretary  compare  the 
copies  afterward.  I  don't  see  any  necessity  for  detaining  the  Convention 
to  do  it.  The  President  of  the  Convention  was  a  member  of  the  com- 
mittee on  phraseology  and  arrangement,  and  we  have  already  directed 
him  to  remain  some  thirty  days.  I  think  it  is  competent  for  us  to  sign 
it  and  leave  the  President  and  Secretary  to  examine  and  compare  it  with 
the  enrolled  copy. 

The  President.  The  Chair  would  suggest  that  the  chairman  of  the 
[*433]  committee  on  phrase*ology  and  arrangement  be  also  directed  to 
assist  in  the  examination. 


566  Convention  Proceedings  and  Debates. 

Mr.  Hutchinson.     Mr.  President,  I  would  ask  if  it  would  not  be 
proper  to  move  the  adoption  of  the  Constitution  as  a  whole,  first? 
The  President.    It  would. 
Mr.  Hutchinson.    I  therefore  offer  the  following  resolution: 

"Resolved,  That  we  do  now  adopt  and  proceed  to  sign  the  Constitution 
for  the  State  of  Kansas,  as  just  completed  by  this  Convention." 

Mr.  Slough.  Mr.  President,  I  regret  exceedingly  that,  for  one,  I  can- 
not sign  the  Constitution,  nor  vote  for  the  result  of  the  labors  of  this  Con- 
stitutional Convention.  I  regret  also  that  a  severe  head-ache  will  prevent 
me  from  going  into  a  detail  of  the  reasons  which  have  brought  me  to  this 
conclusion.  I  will  however  attempt  to  state  them,  contenting  myself  with 
merely  stating  them  without  entering  into  any  argument  to  sustain  them. 

The  instrument,  in  the  main,  is  a  good  one — perhaps,  I  might  say,  a 
model  instrument.  I  do  not  know  that  I  have  ever  read  a  State  Constitu- 
tion better  framed  in  most  things  than  this.  But  there  are  some  pro- 
visions in  it,  and  some  that  ought  to  be  in  it,  which  being  there,  and  not 
being  there,  compel  me  to  come  to  the  conclusion  that  I  have. 

In  the  first  place,  Mr.  President,  I  am  not  content  with  the  boundaries 
that  have  been  adopted  for  the  future  State  of  Kansas.  I  believe  that  the 
boundary  policy  adopted  by  this  Constitutional  Convention  is  prejudiced 
to  the  best  interests  of  this  people.  I  believe  that  instead  of  contracting 
our  boundaries — instead  of  narrowing  down  to  the  boundaries  adopted  in 
the  preamble,  it  would  have  been  our  true  policy  taken  into^  the  northern 
boundary  of  Kansas  the  additional  territory  proposed  by  the  minority  upon 
this  floor.  I  believe  the  time  will  come  in  the  Territory  of  Kansas  when 
this  great  error  here  committed  will  be  seen  by  every  member  upon  this 
floor.  Without  that  portion  of  the  original  Territory  of  Kansas  which  has 
been  cut  off,  we  are  cut  off  from  one  of  our  greatest  resources  of  wealth. 
Not  being  a  manufacturing  or  a  commercial  people — prevented  by  our 
central  location  from  being  either — we  must  depend  upon  our  mineral  and 
agricultural  resources  for  the  future  greatness  of  the  State.  Until  the 
country  becomes  settled  we  have,  by  this  act,  deprived  ourselves  of  that 
amount  of  wealth  which  is  necessary  for  our  immediate  future  prosperity. 

The  system  of  government  we  have  adopted,  in  some  respects,  is  ex- 
travagant. There  is  no  necessity  for  our  legislative  body  to  be  composed 
of  as  many  members  as  if  we  were  an  old  State.  A  proposition  was  made 
by  the  minority  here  to  reduce  the  number  to  fifty  or  sixty;  which  would 
have  been  a  yearly  saving  to  the  State  of  Kansas  of  about  $12,000 — enough 
to  pay  the  salary  of  judges  of  the  new  State.  I  cannot  vote  for  it,  again, 
on  account  of  its  extravagance. 

And  I  cannot  vote  for  it  for  another  reason:  I  beheve  that,  by  the  ex- 
clusion of  those  Indians,  made  citizens  of  the  United  States  by  treaty  or 
otherwise,  you  are  placing  us  in  a  position  of  antagonism  to  the  treaty 
making  power  of  the  country.  That  power  is  vested  in  Congress.  That 
body  has  declared  that  certain  classes  of  these  Indian  tribes  are  citizens; 
and  I  ask  gentlemen,  if  we  exclude  those,  whether,  having  adopted  a  Con- 
stitution republican  in  form,  we  can  be  sure  having  adopted  one  which  will 
entitle  us  to  admission  into  the  Union?    I  think  not. 

And  there  is  another  provision  which  I  object  to — a  provision  which  I 
think  one  of  the  most  damnable  that  has  been  inserted  into  the  instrument, 
and  that  is  the  provision  for  a  registry  law.  I  might  read  the  argument  in 
opposition  to  it,  but,  as  I  stated  before,  my  health  will  not  permit.  That 
provision  is  to  be  found  in  the  schedule.    It  is  there  provided  that  every 

'Note. — Perhaps  instead  of  this  phrase  the  speaker  intended  to  say  "to  take  by." — Ed. 


Friday,  July  29,  1859.  567 

election,  including  the  one  at  which  this  Constitution  shall  be  voted 
upon,  shall  be  governed  by  a  registry  law.  The  registry  law  passed 
[*434]  by  *the  Legislature  would  not  have  affected  the  vote  upon  this  in- 
strument. It  has  been  customary  in  every  new  State  in  this  Union  to 
throw  open  the  door  and  let  all  its  voting  inhabitants  vote  on  the  adoption 
of  the  proposed  Constitution.  I  believe  that  in  Minnesota  all  who  had 
been  ten  days  upon  the  soil  were  permitted  to  vote  upon  the  adoption  of 
the  Constitution  of  that  State. 

Again,  my  position  with  reference  to  this  doctrine  of  negro  suffrage  is 
well  known  by  every  member  upon  this  floor.  I  am  not  satisfied  that  this 
instrument  should  go  to  the  people  without  the  exclusion  of  the  negro  and 
mulatto  in  terms  unmistakably  plain.  Believing  that  principle  to  be  right, 
when  I  became  a  candidate  for  this  position,  I  became  pledged  to  myself 
as  well  as  to  my  constituents,  to  do  everything  in  my  power  to  provide 
in  future  for  the  exclusion  of  free  negroes  by  a  clause  in  the  Constitution 
of  the  State  of  Kansas.  I  am  satisfied  also  that  that  pledge  was  given  by  a 
majority  of  members  upon  this  floor.  I  believe  that  if  it  were  not  so,  the 
majority  here  would  have  been  constituted  of  a  different  political  faith. 
But  no  provision  has  been  made  looking  to  their  exclusion.  The  question 
has  not  been  submitted  to  the  people.  The  majority  here  have  been 
afraid  to  trust  the  people:  because  it  is  well  known,  and  cannot  be  denied, 
that  the  people  of  this  Territory  are  in  favor  of  their  exclusion. 

There  are  a  number  of  lesser  objections — objections  that  I  might  urge 
against  voting  for  this  instrument,  but  which  might  not  preclude  or  pre- 
vent me  from  signing  it.    Those  I  will  pass  over. 

There  is  one  other  provision — one  which  being  retained  in  the  instru- 
ment narrows  greatly  the  chances  of  its  success  before  the  people — and  that 
is  the  article  upon  Apportionment.  Based  upon  no  correct  principle  what- 
ever— upon  no  principle  adopted  by  any  State  from  Maine  to  California- 
it  is  apparent  upon  its  face,  that  its  purpose  is  to  carry  the  Territory  into 
the  hands  of  the  Republican  party — to  answer  the  demands  of  the  political 
party  in  the  majority  upon  this  floor. 

Mr.  President,  with  its  features  so  colored  and  distorted,  I  cannot  either 
vote  for  or  sign  this  instrument.  I  sincerely  regret  this,  sir,  because  I  have 
labored  since  the  moment  I  came  here  to  the  present  hour,  arduously  and 
earnestly  from  morning  till  night,  to  endeavor  to  make  this  Constitution  an 
instrument  calculated  to  promote  the  well  being  of  the  people  of  Kansas, 
and  such  an  one  as  would  secure  their  endorsement  and  our  admission  into 
the  Union.  I  would  be  willing  to  waive  my  personal  objection  to  it,  if 
but  two  changes  could  be  made — and  I  went  with  some  of  my  friends  here 
to  the  majority  and  told  them  as  much.  We  urged  the  changes,  because 
of  our  desire  to  throw  off  our  present  form  of  government  and  gain  ad- 
mission into  the  Union.  We  wanted  a  Constitution  that  we  could  sign — 
one  that  would  receive  the  endorsement  of  the  people  and  secure  our 
admission  into  the  Union.  We  earnestly  desired  those  two  provisions:  to 
submit  to  the  people  of  Kansas  the  question  of  negro  exclusion;  and  an 
apportionment  based  upon  population — the  only  true  basis  of  apportion- 
ment for  representative  purposes.  This  was  denied  us.  The  two-thirds 
rule  was  applied.  And  no  attempt  to  amend  after  that  could  have  been 
successful.  I  regret,  therefore,  Mr.  President,  the  circumstances  which 
compel  me  thus  to  act.  And  I  felt  that  it  was  necessary,  perhaps,  in  justi- 
fication of  mvself,  to  say  what  I  have  now  said. 

Mr.  Thacher.    Mr.  President,  the  event  fore-shadowed  from  the  com- 


568  Convention  Proceedings  and  Debates. 

mencement  of  the  session  is  now  fully  revealed.  The  small  minority  of  this 
Convention  and  of  the  people  of  Kansas  are  to  oppose  this  Constitution. 
For  this  extraordinary  course  extraordinary  reasons  are  given,  such  as  I 
am  unwilling  to  see  go  upon  the  record  unanswered. 

It  is  said  that  this  Constitution  must  be  opposed  because  it  does  not 
extend  the  elective  franchise  to  IncUans.  This  comes  from  those  who  have 
[*435]  filled  the  air  with  cries  for  a  "white  *State" — who  have  charged 
upon  their  opponents  all  sorts  of  color  afjlUrt'on,  and  who  have  resolved 
time  and  again  that  the  white  race  is  superior  to  any  other.  Do  gentle- 
men mean  to  say  that  the  Osages,  Kiowas  and  Kaws  are  their  equals,  and 
therefore  entitled  to  the  suffrage  right?  In  what  do  these  savage  tribes 
excel  their  dark-skinned  brothers,  against  whom  the  minority  of  this  Con- 
vention cherish  such  malignant  hatred?  Moreover,  when  this  question  of 
Indian  suffrage  has  been  mooted  we  have  invariably  proposed  to  the 
minority  to  extend  the  voting  privilege  to  all  persons  "citizens  of  other  sis- 
ter States,"  whenever  their  residence  here  was  sufficient;  and  we  would 
make  this  elective  franchise  as  broad  as  they  desired.  This  act  of  courtesy 
to  our  sister  States  these  gentlemen  invariably  refused.  The  truth  is  these 
bands  of  Indians  are  under  the  control  of  the  resident  Indian  agents,  who 
are  offensively  Administration  partisans,  and  who  can  march  red  men  up  to 
the  polls  hke  so  many  herds.  On  this  account  this  matter  is  pressed;  and 
because  of  this  the  minority  act  with  gross  inconsistency  in  hunting  down 
with  ferocious  cruelty  the  mulatto,  and  then  fondle  and  hug  to  their 
bosoms  the  Indian.  If  this  climax  of  either  wrong  or  selfish  folly  is  grate- 
ful to  the  minority,  they  are  welcome  to  it. 

So  far  as  the  apportionment  is  concerned,  let  me  narrate  the  history  of 
that  matter.  I  was  a  member  of  the  apportionment  committee,  and  there- 
fore speak  advisedly.  The  committee  procured,  as  far  as  possible,  from 
different  delegates,  the  voting  population  of  their  respective  counties. 
Upon  these  representations  we  based  the  apportionment,  gi\'ing.  however, 
to  each  organized  county  one  representative.-  To  this  the  Democratic 
members  of  the  committee  agreed,  save  McDowell  of  Leavenworth;  who, 
though  notified  several  times,  did  not  meet  with  the  committee.  When  the 
committee  report  was  made,  it  was  met  with  a  storm  of  indignation  and 
wrath  by  the  minority,  and  on  their  urgent  plea  it  was  sent  back  to  the 
committee.  Again  the  committee  met — the  four  Democratic  members 
being  present.  i\^r.  Graham  of  Atchison — a  true  man  he  is  too — proposed 
to  the  minority  that,  as  it  was  impossible  to  get  the  census  returns  so  as 
to  base  the  apportionment  upon  the  exact  figures,  the  committee  should 
recommend  to  the  Convention  to  appoint  three  commissioners,  whose  duty 
it  should  be  to  procure  from  the  counties  the  census  returns,  and  upon  them 
make  the  apportionment,  giving  first  to  each  organized  county  one  Repre- 
sentative. This  eminently  fair  proposition  was  persistently  resisted  by  the 
minority,  and  so  was  not  passed.  We  then  made  another  apportionment, 
varjnng'  the  first  somewhat.  By  this  last  ten  and  one-half  Senators  were 
given  north  of  the  Kansas  river.  Col.  Slough  had  just  said  to  the  com- 
mittee, if  you  will  give  ten  Senators  north  of  the  Kansas,  we  will  be  satis- 
fied. But  the  minority  of  the  committee  would  not  asree  to  anything, 
making  one  recall  our  Saviour's  description  of  the  "children  in  the  market 
place."  The  apportionment  passed  by  the  Convention,  was  agreed  upon 
in  the  committee,  and  was  adopted  here  while  I  was  sick  and  absent.  The 
apportionment  report  made  by  the  minority  exceeds,  however,  in  unfair- 
ness both  as  to  the  population  and  arrangement,  by  a  hundred  foM  any 
report  ever  presented  to  this  Convention  by  the  majority  of  the  com- 
mittee.   There  is  not  a  single  feature  of  fairness  in  that  entire  report.    In 


Friday,,  July  29,  1859.  569 

some  instances  it  requires  two  thousand  Republican  voters  for  a  Senator, 
while  in  others  twenty-five  Administration  votes  are  deemed  sufficient  for 
the  same  purpose.  For  the  truth  of  these  general  statements  I  appeal  to 
every  gentleman  cognizant  of  the  facts.  The  apportionment  which  finally 
passed,  it  is  not  claimed  is  not  fair  so  far  as  population  is  concerned. 

Mr.  Slough.  The  gentleman  is  mistaken  in  the  premises.  We  object  to 
the  apportionment  not  only  for  the  reasons  indicated  by  him,  but  because 
it  is  unfair,  it  is  not  based  upon  the  returns  of  population,  under  the  rule. 

Mr.  Thacher.  Mr.  President,  I  think  I  have  already  clearly  answered 
[*436]  that  point.  The  mi*nority  refused  to  agree  to  the  appointment  of 
commissioners,  who  should  base  the  apportionment  upon  the  exact  census 
returns. 

The  Registry  law  is  complained  of.  Of  that  I  only  answer  that  none 
can  truly  carp  at  that  law  who  do  not  wish  to  profit  by  illegal  voting. 
1  can  well  conceive  how  gentlemen  who  have  seen  the  glories  of  Kickapoo, 
Oxford,  Delaware  and  ]\IcGee  returns,  and  profited  thereby,  may  desire  a 
return  of  those  golden  days  of  easy  elections.  But  every  man  desiring 
to  see  true  and  honest  elections  will  hail  with  joy  the  Registry  law.  Fraudu- 
lent voting  has  been  the  curse  of  Kansas.  Do  gentlemen  desire  a  return 
of  those  days? 

One  more  objection  is  urged.  The  Constitution  does  not  submit  to  the 
people  the  question  of  the  exclusion  of  colored  persons.  Neither  did  the 
Lecompton  Constitution,  that  was  framed  by  rabid  pro-slavery  Demo- 
crats. Besides  this  the  minority  of  this  Convention  have  never,  in  any 
form,  submitted  a  proposition  of  that  kind  to  this  Convention.  On  the 
contrary,  when  asked  to  do  so  by  Republican  delegates,  who  were  favorable 
to  the  submission  of  that  question  to  the  people,  they  invariably  flatly 
ref'used.  You  did  not  want  that  question  left  to  the  people,  and  the  ob- 
jection at  this  stage  of  our  proceeding  comes  with  very  ill  grace. 

But  now,  while  I  have  the  floor,  I  may  be  permitted  to  submit  some 
general  remarks  concerning  the  instrument  we  have  framed. 

One  of  the  most  important  deliberative  bodies  ever  assembled  in  Kansas 
is  about  to  close  its  labors.  The  Constitution  it  presents  to  the  world 
is  confessed,  by  one  who  opposes  it  out  of  political  considerations,  to  be  a 
model  one.  For  terseness  of  expression  and  vigor  of  general  outline,  I 
believe  it  to  be  unexcelled  by  that  of  any  State  in  this  Union. 

This  Constitution  has  come  through  a  fiery  debate.  Every  line  almost 
has  been  subjected  to  the  scorch  of  hiah-wrought  argument.  (And  right 
here,  allow  me,  parenthetically,  to  remark,  that  if  in  the  fevor  of  de- 
bate I  may  have  dropped  language  offensive  to  any  gentleman,  I  am 
truly  sorry;  for  though  the  ideas  expressed  must  stand,  the  garb  which 
clothed  them  may  have  been  not  well  chosen.  I  do  not  desire  to  wound 
any  gentleman's  feelings,  and  as  I  cherish  no  unkind  remembrances  for  the 
many  hard  words  uttered  against  myself,  so  I  trust  no  one  will  deny  to  me 
the  same  oblivion  of  memory.) 

Mr.  President,  I  believe  this  Constitution  to  be  one  that  will  be  clasped 
to  the  hearts  of  the  people,  and  under  it  Kansas  will  glide  to  an  enviable 
position  with  the  sister  States. 

It  has  been  the  aim  of  the  majority  of  this  body  to  make  this  Consti- 
tution the  draft,  the  outline  of  great  civil  truths  and  rights,  leaving  out,  as 
far  as  possible,  special  legislation.  The  old  Latin  maxim  has  been  juir- 
sued: — Fontes  expetere,  fortius  quam  rivulos  sectari.  Seek  out  cardinal 
principles,  passing  by  mere  details.  There  is  scarce  a  feature  of  the  Con- 
.>*titution  but   what   will   command  the   homage  of  all   good  men.     And 


570  Convention  Proceedings  and  Debates. 

although  we  have  had  some  warm  work  in  elaborating  and  completing  it, 
yet  it  is  and  shall  be: 

"Like  some  tall  cliff  that  lifts  its  awful  form, 
Swells  above  the  vale  and  midway  meets  the  storm, 
Around  its  bosom  howling  tempests  spread. 
Eternal  sunshine  settles  on  its  head." 

Such  will  be  the  popular  verdict.  But,  sir,  the  feature  which  most 
endears  this  Constitution  to  my  heart,  and  which  will  commend  it  most 
to  the  true  and  good  everywhere,  is  that  through  every  Une  and  syllable 
there  glows  the  generous  sunshine  of  liberty.  No  repulsive  allusion,  no 
wicked  prejudice,  no  ignorant  and  heathenish  distinction  mars  its  beauty 
or  disfigures  its  fair  symmetry. 

Upon  this  Constitution  we  meet  our  opponents  upon  the  popular  arena. 
It  is  a  better,  a  nobler  issue  than  even  the  old  Free  State  issue.  They 
have  thrown  down  the  gauntlet,  we  joyfully  take  it  up.  The  members 
of  this  Convention  have  richly  earned  the  love  and  gratitude  of  their 
constituents.  They  have  perfected  a  work  that  will  be  enduring.  With- 
[*437]  *out  much  egotism  they  may  say  of  their  labors,  with  the  Au- 
gustan poet: 

"Exegi  monumentum  aere  perennins,  non  omnis  moriar." 

It  will  prove  more  lasting  than  brass,  and  its  framers  shall  ever  enjoy 
an  enviable  fame. 

We  part,  sir,  from  this  hall,  having  discharged  our  arduous  duty.  Let 
us  part  as  friends,  transferring  the  discussion  and  the  analysis  of  our  work 
to  those  for  whom  it  has  been  wrought. 

Mr.  Slough.  Mr.  President,  as  quite  a  number  of  members  are  not 
advised  of  the  fact  that  the  Constitution  is  being  adopted,  I  ask  for  a 
call  of  the  House. 

The  President.    The  Clerk  will  call  the  roll. 

The  roll  was  called,  and  the  following  members  answered  to  their  names : 

Messrs.  Arthur,  Burnett,  Blunt,  Barton,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Button,  Foster,  Forman,  Graham,  Greer,  Griffith,  Hippie,  Hutch- 
inson, Hanway,  Hoffman,  Houston,  Ingalls,  Kingman,  Lillie,  Lamb,  Middle- 
ton,  May,  Moore,  McDowell,  McCune,  McClelland,  McCuUough,  Preston, 
Palmer,  Parks,  Porter,  Ritchie,  Ross,  Signor,  Slough,  Stinson,  Stiarwalt, 
Stokes,  Simpson,  Thacher,  Townsend,  Wrigley,  Williams,  Mr.  President 

18.1 


Mr.  Slough.  Mr.  President,  I  move  that  all  further  proceedings  in  the 
call  be  dispensed  with. 

The  motion  was  agreed  to. 

The  yeas  and  nays  were  demanded  upon  the  adoption  of  Mr.  Hutchin- 
son's resolution  adopting  the  Constitution  as  a  whole,  and  being  ordered 
and  taken,  resulted — yeas  34,  nays  13 — as  follows: 

Yeas — Messrs.  Arthur,  Burnett,  Blunt,  Burris,  J.  Blood,  N.  C.  Blood, 
Crocker,  Dutton,  Graham,  Greer,  Griffith,  Hutchinson,  Hanway,  Hoffman, 
Houston,  Ingalls,  Kingman,  Lillie,  Lamb,  Middleton,  May,  McCullough, 
Preston,  Palmer,  Porter,  Ritchie,  Ross,  Signor,  Stokes,  Simpson,  Thacher, 
Townsend,  Williams,  Mr.  President — 34. 

'  NoTK. — Evidently  a  miscount  as  only  47  delegates  responded  to  the  "call,"  and  47  voted 
upon  the  roll  call  recorded  immediately  after.  The  five  absentees  were:  Brown  (Leaven- 
worth), Hubbard  (Doniphan),  Perry  (Leavenworth),  John  Wright  (Leavenworth),  and 
T.  S.  Wright  (Nemaha).  The  last-named  delegate  was  a  Republican,  absent  on  sick-leave; 
the  others  were  Democrats. 


Friday,  July  29,  1859.  571 

'  Nays — Messrs.  Barton,  Foster,  Forman,  Hippie,  Moore,  McDowell,  Mc- 
Cune,  McClelland,  Parks,  Slough,  Stinson,  Stiarwalt,  Wrigley — 13. 

So  the  Constitution,  as  a  whole,  was  adopted. 

Mr.  Stinson.  Mr.  President,  I  rise  to  a  point  of  order.  Does  it  not 
require  a  two-thirds  vote  to  carry  the  Constitution? 

The  President.  The  Chair  is  not  aware  of  any  such  order.  If  the 
gentleman  knows  of  any  such  rule  he  may  present  authorities  to  the  Chair. 
The  Chair  will  state  that  the  Secretary  has  ^one  after  the  attesting  clause 
of  the  Constitution,  for  members  to  sign,  and  will  be  back  presently. 

PERSONAL  explanation. 

Mr.  Stinson.  Mr.  President,  will  it  be  in  order  to  rise  to  a  question  of 
privilege. 

The  President.    The  Chair  would  think  so. 

Mr.  Stinson.  I  regret  that  during  the  remarks  of  Mr.  Thacher  I  was 
absent  from  the  hall;  and  regarding  as  I  do  the  unfortunate  occurrence  of 
yesterday,  I  desire  to  enquire  of  him  whether  any  charges  which  affected 
the  character  of  myself  and  colleague  were  by  him  withdrawn. 

Mr.  Thacher.  I  stated  on  yesterday  that  I  made  no  charges;  I  merely 
argued  from  the  evidence  and  facts  already  before  us.  The  argument  and 
the  facts  remain  as  they  were.  If  the  gentleman  understood  me  to  make  a 
charge,  he  is  mistaken;  I  stated  so  then,  and  I  don't  see  how  a  misunder- 
standing can  be  kept  up. 

THE   signature. 

The  President.  The  Chair  would  state  that  it  is  very  nearly  dark,  and 
we  will  be  under  the  necessity  of  concluding  very  soon  or  of  lighting 
candles.  The  districts  of  the  Territory  will  be  called  and  the  names  of 
delegates  from  the  districts  as  they  appear  on  the  list;  and  as  the  names 
of  members  are  called,  they  will  proceed  to  the  clerk's  table  and  affix 
their  names  to  the  Constitution. 

The  names  of  the  delegation  from  the  Leavenworth  district  were  first 
called. 

None  of  them  coming  forward,  the  President  enquired  if  no  one  of  the 
members  from  Leavenworth  desired  to  sign  the  Constitution? 

[*438]     *Mr.  Slough,  Mr.  Stinson,  and  others  answered  "No." 

The  names  of  the  Atchison  delegation  were  called. 

Mr.  May.  I  will  sign  it,  but  I  very  much  regret  that  a  negro-exclusion 
clause  has  not  been  submitted  to  the  people:  I  believe  it  will  be  quite  to 
our  disadvantage. 

THE   enrolled    COPY. 

Mr.  Thacher  offered  the  following  resolution: 

"Resolved,  That  the  President  and  Secretary  of  the  Convention,  and  the 
chairman  of  the  committee  on  Phraseology  and  Arrangement  be  instructed 
to  see  that  the  enrolled  copy  of  the  Constitution  correspond  with  the  copy 
as  passed  by  the  Convention  this  morning." 

The  resolution  was  adopted. 

Mr.  Thacher.  I  don't  know  but  there  should  be  pay  given  to  the 
chairman  of  the  committee  on  Phraseology  for  such  time  as  he  may  devote 
to  carrying  out  the  resolution  just  passed. 


572  Convention  Proceedings  and  Debates. 

extra  compensation  op  journal  clerk. 

Mr.  BuRRis.  I  move  to  amend  by  adding  that  three  days  additional  pay 
be  allowed  the  journal  clerk.  I  understand  it  will  take  two  or  three  days 
to  finish  the  journal  copy. 

The  motion  was  agreed  to. 

THE   JOURNAL   OF   TO-DAY. 

The  President.  The  Chair  would  state  that  the  minutes  of  the  day 
have  not  been  read. 

Mr.  Stinson.  I  move  that  the  reading  be  dispensed  with. 

Mr.  BuRRis.    I  move  the  journal  be 'read. 

The  latter  motion  was  agreed  to. 

The  journal  of  to-day  was  then  read. 

Mr.  BuRRis.  I  would  suggest  the  propriety  of  filling  up  the  blank  in 
the  substitute  I  offered  to  the  resolution  of  the  gentleman  from  Madison 
(Mr.  Lillie)  by  inserting  the  words:    "29th  day  of  July." 

Mr.  Hutchinson.  Mr.  President,  the  resolution  offered  by  the  gentle- 
man from  Doniphan  (Mr.  Stiarwalt)  providing  for  the  printing  of  one 
thousand  copies  of  the  Proceedings  and  Debates,  does  not  appear  upon  the 
journal. 

The  President.  It  was  modified  to  read  "one  hundred,"  and  then 
adopted. 

thanks. 

Mr.  BuRRis.  Mr.  President,  I  would  like  to  have  the  resolution  read 
tendering  thanks  to  the  chief  clerk  and  his  assistants;  I  think  there  is  a 
mistake  there.  (The  resolution  was  read.)  I  desire  to  offer  the  following 
additional  resolution : 

"Resolved,  That  the  thanks  of  this  Convention  be  tendered  to  the  Hon. 
E.  S.  Nash,  Journal  Clerk  of  this  Convention,  for  the  prompt  and  efficient 
manner  in  which  he  has  performed  the  duties  of  his  office." 

The  resolution  was  adopted. 

the    president's    CHAIR. 

Mr.  Crocker.  Mr.  President,  I  beg  leave  to  offer  the  following  resolu- 
tion: 

"Resolved,  That  as  a  testimonial  of  respect  to  the  President,  the  members 
of  this  Convention  present  him  the  Chair  he  has  so  ably  filled." 

The  resolution  was  adopted. 

Mr.  Ritchie.    Mr.  President,  I  move  that  we  do  now  adjourn  sine  die. 

CERTIFICATES   OF    SERVICE — PAY. 

Mr.  McClelland.  1  hope  the  gentleman  will  withdraw  so  that  gentle- 
men may  have  their  names  called,  and  that  the  delegates  may  go  forward 
and  receive  their  scrip. 

Mr.  Ritchie.    I  withdraw. 

Mr.  McClelland.    1  now  make  that  motion,  Mr.  President. 

The  motion  was  agreed  to:  and  as  their  names  were  called  members 
and  officers  of  the  Convention  went  forward  and  received  their  scrip. 

REPORTERS. 

Mr.  Stinson  offered  the  following: 

"Resolved,  That  the  thanks  of  this  Convention  are  due  and  are  hereby 
tendered  to  Messrs.  Ariel  and  W.  H.  Drapier,  for  the  full  and  complete 


Friday,  July  29,  1859.  573 

[*439J  report  which  they  have  given  of  *the  Proceedings  and  Debates 
of  this  Convention." 

The  resokition  was  adopted. 

Mr.  J.  Blood.  Mr.  President,  there  are  some  members  of  the  Conven- 
tion who  are  not  present  to  sign  the  Constitution.  1  move  that  any  mem- 
ber of  the  Convention  be  allowed  to  sign  the  Constitution  any  time  within 
thirty  days. 

The  motion  was  agreed  to. 

Mr.  J.  Blood.    Mr.  President,  I  now  move  that  we  adjourn  sine  die. 

The  motion  was  agreed  to. 

The  President.  The  ayes  have  it,  and  the  Convention  is  adjourned. 
I  now  declare  this  Convention  adjourned  sine  die. 

THE   CONSTITUTION. 

The  Constitution  thus  formally  completed,  verified  and  signed,  is  in  the 
following  form: 


CONSTITUTION 


OF  THE 


STATE  OF  KANSAS; 

Adopted  at  Wyandot,  July  29,  '59. 


ORDINANCE. 

Whereas,  the  Government  of  the  United  States  is  the  proprietor  of  a 
large  portion  of  the  Lands  included  in  the  limits  of  the  State  of  Kansas  a^ 
defined  by  this  Constitution ;  and  whereas  the  State  of  Kansas  will  possess 
the  right  to  tax  said  lands  for  purposes  of  government,  and  for  other  pur- 
poses; Now,  therefore,  be  it  ordained  by  the  people  of  Kansas,  that  the 
right  of  the  State  of  Kansas  to  tax  such  lands,  is  relinquished  forever,  and 
the  State  of  Kansas  will  not  interfere  with  the  title  of  the  United  States 
to  such  lands,  nor  with  any  regulation  of  Congress  in  relation  thereto,  nor 
tax  non-residents  higher  than  residents;  Provided  always,  That  the  follow- 
ing conditions  be  agreed  to  by  Congress: 

Section  1.  Sections  numbered  sixteen  and  thirty-six  in  each  township  in 
the  State,  including  Indian  reservations  and  Trust  lands,  shall  be  granted 
to  the  State  for  the  exclusive  use  of  Common  Schools;  and  when  either  of 
said  sections,  or  any  part  thereof,  has  been  disposed  of,  other  lands  of  equal 
value,  as  nearly  contiguous  thereto  as  possible,  shall  be  substituted 
therefor. 

Sec.  2.  That  seventy-two  sections  of  land  shall  be  granted  to  the  State 
for  the  erection  and  maintenance  of  a  State  University. 

Sec.  3.  That  thirty-six  sections  shall  be  granted  to  the  State  for  the 
erection  of  public  buildings. 

Sec.  4.  That  seventy-two  sections  shall  be  granted  to  the  State  for  the 
erection  and  maintenance  of  charitable  and  benevolent  institutions. 

Sec.  5.  That  all  salt  springs,  not  exceeding  twelve  in  number,  with  six 
sections  of  land  adjacent  to  each,  together  with  all  mines,  with  the  lands 
necessary  for  their  full  use,  shall  be  granted  to  the  State  for  works  of 
public  improvement. 

Sec.  6.  That  five  per  centum  of  the  proceeds  of  the  pubUc  lands  in  Kan- 
.sas,  disposed  of  after  the  admission  of  the  State  into  the  Union,  shall  be 
paid  to  the  State  for  a  fund,  the  income  of  which  shall  be  used  for  the  sup- 
port of  Common  Schools. 

Sec.  7.  That  the  Five  Hundred  Thousand  acres  of  land  to  which  the 
State  is  entitled  under  the  Act  of  Congress  entitled  "An  Act  to  appropriate 
the  proceeds  of  the  sales  of  public  lands  and  grant  pre-emption  rights," 
approved  September  4th,  1841,  shall  be  granted  to  the  State  for  the  sup- 
port of  Common  Schools. 

*  In  the  edition  of  1859  the  paging  at  this  point  reverts  to  number  one. 

(574) 


Constitution  Adopted  July  29,  1859.  575 

Sec.  8.  That  the  lands  hereinbefore  mentioned  shall  be  selected  in  such 
manner  as  may  be  prescribed  by  law;  such  selections  to  be  subject  to  the 
approval  of  the  Commissioner  of  the  General  Land  Office  of  the  United 
States. 

PREAMBLE. 

We,  the  people  of  Kansas,  grateful  to  Almighty  God  for  our  civil  and 
religious  privileges,  in  order  to  insure  the  full  enjoyment  of  our  rights  as 
American  citizens,  do  ordain  and  establish  this  constitution  of  the  State 
of  Kansas,  with  the  following  boundaries,  to-wit:  Beginning  at  a  point 
on  the  western  boundary  of  the  State  of  Missouri,  where  the  thirty- 
seventh  parallel  of  north  latitude  crosses  the  same;  thence  nmning  west 
on  said  parallel  to  the  twenty-fifth  meridian  of  longitude  west  from 
Washington;  thence  north  on  said  meridian  to  the  fortieth  parallel  of 
north  latitude:  thence  east  on  said  parallel  to  the  western  boundary  of 
the  State  of  Missouri;  thence  south  with  the  western  boundary  of  said 
State  to  the  place  of  beginning. 

[*2]  "BILL  OF  RIGHTS. 

Section  1.  All  men  are  possessed  of  equal  and  inalienable  natural  rights, 
among  which  are  life,  liberty,  and  the  pursuit  of  happiness. 

Sec.  2.  All  political  power  is  inherent  in  the  people,  and  all  free  govern- 
ments are  founded  on  their  authority,  and  are  instituted  for  their  equal 
protection  and  benefit.  No  special  privileges  or  immunities  shall  ever  be 
granted  by  the  Legislature,  which  may  not  be  altered,  revoked  or  repealed 
by  the  same  body;  and  this  power  shall  be  exercised  by  no  other  tribunal 
or  agency. 

Sec.  3.  The  people  have  the  right  to  assemble,  in  a  peaceable  manner, 
to  consult  for  their  common  good,  to  instruct  their  representatives,  and  to 
petition  the  government,  or  any  department  thereof,  for  the  redress  of 
grievances. 

Sec.  4.  The  people  have  the  right  to  bear  arms  for  their  defence  and 
security;  but  standing  armies,  in  time  of  peace,  are  dangerous  to  liberty, 
and  shall  not  be  tolerated,  and  the  military  shall  be  in  strict  subordination 
to  the  civdl  power. 

Sec.  5.    The  right  of  trial  by  jury  shall  be  in\dolate. 

Sec.  6.  There  shall  be  no  slavery  in  this  State;  and  no  involuntarj' 
servitude,  except  for  the  punishment  of  crime,  whereof  the  party  shall  have 
been  duly  convicted. 

Sec.  7.  The  right  to  worship  God  according  to  the  dictates  of  con- 
science shall  never  be  infringed;  nor  shall  any  person  be  compelled  to 
attend  or  support  any  form  of  worship;  nor  shall  any  control  of,  or  in- 
terference with  the  rights  of  conscience  be  permitted,  nor  any  preference 
be  given  by  law,  to  any  religious  establishment  or  mode  of  worship.  No 
religious  test  or  property  qualification  shall  be  required  for  any  office  of 
public  trust,  nor  for  any  vote  at  any  election,  nor  shall  any  person  be 
incompetent  to  testify  on  account  of  religious  belief. 

Sec.  8.  The  right  to  the  writ  of  habeas  corpus  shall  not  be  suspended, 
imless  the  public  safety  requires  it  in  case  of  invasion  or  rebellion. 

Sec.  9.  All  persons  shall  be  bailable  by  sufficient  sureties  except  for 
capital  offences,  where  proof  is  evident  or  the  presumption  great.  Exces- 
sive bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor  cruel  or 
unusual  punishment  infficted. 


576  Convention  Proceedings  and  Debates. 

Sec.  10.  In  all  prosecutions,  the  accused  shall  be  allowed  to  appear  and 
defend  in  person,  or  by  counsel;  to  demand  the  nature  and  cause  of  the 
accusation  against  him;  to  meet  the  witness  face  to  face,  and  to  have 
compulsory  process  to  compel  the  attendance  of  witnesses  in  his  behalf,  and 
a  speedy  public  trial  by  an  impartial  jury  of  the  county  or  district  in 
which  the  offence  is  alleged  to  have  been  committed.  No  person  shall  be 
a  witness  against  himself,  or  be  twice  put  in  jeopardy  for  the  same  offence. 

Sec.  11.  The  liberty  of  the  press  shall  be  inviolate:  and  all  persons 
may  freely  speak,  write  or  publish  their  sentiments  on  all  subjects,  being 
responsible  for  the  abuse  of  such  right;  and  in  all  civil  or  criminal  actions 
for  libel,  the  truth  may  be  given  in  evidence  to  the  jury,  and  if  it  shall 
appear  that  the  alleged  libelous  matter  was  published  for  justifiable  ends, 
the  accused  party  shall  be  acquitted. 

Sec.  12.  No  person  shall  be  transported  from  the  State  for  any  offence 
committed  within  the  same,  and  no  conviction  in  the  Stat€  shall  work  a 
corruption  of  blood  or  forfeiture  of  estate. 

Sec.  13.  Treason  shall  consist  only  in  levying  war  against  the  State, 
adhering  to  its  enemies,  or  giving  them  aid  and  comfort.  No  person  shall 
be  convicted  of  treason  unless  on  the  evidence  of  two  witnesses  to  the 
overt  act,  or  confession  in  open  court. 

Sec.  14.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  occupant,  nor  in  time  of  w'ar,  except  as  pre- 
scribed by  law. 

Sec.  15.  The  right  of  the  people  to  be  secure  in  their  persons  and 
[*3]  property  against  unreasonable  searches  and  seiz^ures,  shall  be  in- 
violate; and  no  warrant  shall  issue  but  on  probable  cause,  supported  by 
oath  or  affirmation,  particularly  describing  the  place  to  be  searched  and 
the  persons  or  property  to  be  seized. 

Sec.  16.  No  person  shall  be  imprisoned  for  debt  except  in  cases  of 
fraud. 

Sec.  17.  No  distinction  shall  ever  be  made  between  citizens  and  aliens 
in  reference  to  the  purchase,  enjoyment  or  descent  of  property. 

Sec.  18.  All  persons,  for  injuries  suffered  in  person,  reputation  or 
property,  shall  have  remedy  by  due  course  of  law,  and  justice  adminis- 
tered without  delay. 

Sec.  19.  No  hereditary  emoluments,  honors,  or  privileges  shall  ever  be 
granted  or  conferred  by  the  State. 

Sec.  20.  This  enumeration  of  rights  shall  not  be  construed  to  impair 
or  deny  others  retained  by  the  people;  and  all  powers  not  herein  dele- 
gated remain  with  the  people. 

ARTICLE  I. 

executive. 

Section  1.  The  Executive  Department  shall  consist  of  a  Governor, 
Lieutenant  Governor,  Secretary  of  State,  Auditor,  Treasurer,  Attorney 
General,  and  Superintendent  of  Public  Instruction;  who  shall  be  chosen 
by  the  electors  of  the  State  at  the  time  and  place  of  voting  for  members 
of  the  Legislature,  and  shall  hold  their  offices  for  the  term  of  two  years 
from  the  second  Monday  of  January,  next  after  their  election,  and  until 
their  successors  are  elected  and  qualified. 

Sec.  2.  Until  otherwise  provided  by  law,  an  abstract  of  the  returns 
of  every  election,  for  the  oflicers  named  in  the  foregoing  section,  shall  be 


Constitution  Adopted  July  29,  hSoU.  577 

sealed  up  and  transmitted  by  the  Clerks  of  the  Boards  of  Canvassers  of 
the  several  Counties,  to  the  Secretary  of  State,  who,  with  the  Lieutenant 
Governor  and  Attorney  General,  shall  constitute  a  board  of  State  Can- 
vassers, whose  duty  it  shall  be  to  meet  at  the  State  Capital  on  the  second 
Tuesday  of  December  succeeding  each  election  for  State  Officers  and  can- 
vass the  vote  for  such  officers  and  proclaim  the  result ;  but  in  case  any  two 
or  more  have  an  equal  and  the  highest  number  of  votes,  the  Legislature 
shall  by  joint  ballot  choose  one  of  said  persons  so  having  an  equal  and 
the  highest  number  of  votes  for  said  office. 

Sec.  3.  The  supreme  executive  power  of  the  State  shall  be  vested  in  a 
Governor,  who  shall  see  that  the  laws  are  faithfully  executed. 

Sec.  4.  He  may  require  information  in  writing  from  the  officers  of  the 
executive  department,  upon  any  subject  relating  to  their  respective  duties. 

Sec.  5.  He  may,  on  extraordinary  occasions,  convene  the  Legislature  by 
proclamation,  and  shall,  at  the  commencement  of  every  session,  communi- 
cate in  writing  such  information  as  he  may  possess  in  reference  to  the  con- 
dition of  the  State,  and  recommend  such  measures  as  he  may  deem  ex- 
pedient. 

Sec.  6.  In  case  of  disagreement  between  the  two  houses  in  respect  to  the 
time  of  adjournment,  he  may  adjourn  the  Legislature  to  such  time  as  he 
may  think  proper,  not  beyond  its  regular  meeting. 

Sec.  7.  The  pardoning  power  shall  be  vested  in  the  Governor,  under 
regulations  and  restrictions  prescribed  by  law. 

Sec.  S.  There  shall  be  a  seal  of  the  State,  which  shall  be  kept  by  the 
Governor,  and  used  by' him  officially;  and  which  shall  be  the  great  seal  of 
Kansas. 

Sec.  9.  All  conmaissions  shall  be  issued  in  the  name  of  the  State  of 
Kansas;  signed  by  the  Governor,  countersigned  by  the  Secretary  of  State, 
and  sealed  with  the  Great  Seal. 

Sec.  10.  No  member  of  Congress,  or  officer  of  the  State  or  of  the  United 
[*4]     States,  *shall  hold  the  office  of  Governor,  except  as  herein  provided. 

Sec.  n.  In  case  of  the  death,  impeachment,  resignation,  removal  or  other 
(Usability  of  the  Governor,  the  power  and  duties  of  the  office  for  the  residue 
of  the  term,  or  until  the  disability  shall  be  removed,  shall  devolve  upon  the 
President  of  the  Senate. 

Sec.  12.  The  Lieutenant  Go^'ernor  shall  be  President  of  the  Senate,  and 
shall  vote  only  when  the  Senate  is  equally  divided.  The  Senate  shall 
choose  a  President  pro  tempore,  to  preside  in  case  of  his  absence  or  im- 
peachment, or  when  he  shall  hold  the  office  of  Governor. 

Sec.  13.  If  the  Lieutenant  Governor,  while  holding  the  office  of  Gov- 
ernor, shall  be  impeached  or  displaced,  or  shall  resign  or  die,  or  otherwise 
become  incapable  of  performing  the  duties  of  the  office,  the  President  of 
the  Senate  shall  act  as  Governor  until  the  vacancy  is  filled,  or  the  dis- 
ability removed;  and  if  the  President  of  the  Senate,  for  any  of  the  above 
causes,  shall  be  rendered  incapable  of  performing  the  duties  pertaining  to 
the  office  of  Governor,  the  same  shall  devolve  upon  the  Speaker  of  the 
House  of  Representatives. 

Sec.  14.  Should  either  the  Secretary  of  State,  Auditor,  Treasurer,  At- 
torney General,  or  Superintendent  of  Public  Instruction,  become  incapable 
of  performing  the  duties  of  his  office  for  any  of  the  causes  specified  in  the 
thirteenth  section  of  this  Article,  the  Governor  shall  fill  the  vacancy  imtil 
the  disability  is  removed,  or  a  successor  is  elected  and  qualified.     Ever\' 

37 — 778 


578  Convention  Proceedings  and  Debates. 

such  vacancy  shall  be  filled  by  election,  at  the  first  general  election  that 
occurs  more  than  thirty  days  after  it  shall  have  happened;  and  the  person 
chosen  shall  hold  the  office  for  the  unexpired  term. 

Sec.  15.  The  officers  mentioned  in  this  article  shall,  at  stated  times, 
receive  for  their  services  a  compensation  to  be  established  by  law,  which 
shall  neither  be  increased  nor  diminished  during  the  period  for  which  they 
shall  have  been  elected. 

Sec.  16.  The  officers  of  the  executive  department,  and  of  all  pubHc  State 
institutions,  shall,  at  least  ten  days  preceding  each  regular  session  of  the 
Legislature,  severally  report  to  the  Governor  who  shall  transmit  such 
reports  to  the  Legislature. 

ARTICLE  n. 

legislative. 

Section  1.  The  Legislative  power  of  this  State  shall  be  vested  in  a 
House  of  Representatives  and  Senate. 

Sec.  2.  The  first  House  of  Representatives  under  this  Constitution  shall 
consist  of  seventj'-five  members,  who  shall  be  chosen  for  one  year.  The 
first  Senate  shall  consist  of  twenty-five  members,  who  shall  be  chosen  for 
two  years.  After  the  first  election,  the  number  of  Senators  and  members 
of  the  House  of  Representatives  shall  be  regulated  by  law ;  but  shall  never 
exceed  one  hundred  Representatives  and  thirty-three  Senators. 

Sec.  3.  The  members  of  the  Legislature  shall  receive  as  compensation 
for  their  services  the  sum  of  three  dollars  for  each  day's  actual  service  at 
any  regular  or  special  session,  and  fifteen  cents  for  each  mile  traveled  by 
the  usu.al  route  in  going  to  and  returning  from  the  place  of  meeting;  but 
such  compensation  shall  not  in  the  aggregate  exceed  the  sum  of  two 
hundred  and  forty  dollars  for  each  member  as  per  diem  allowance  for  the 
first  session  held  under  this  Constitution,  nor  more  than  one  hundred  and 
fifty  dollars  for  each  session  thereafter,  nor  more  than  ninety  dollars  for 
any  special  session. 

Sec.  4.  No  person  shall  be  a  member  of  the  Legislature  who  is  not  at  the 
time  of  his  election  a  qualified  voter  of,  and  a  resident  in,  the  county  or 
district  for  which  he  is  elected. 

[*5]  *Sec.  5.  No  member  of  Congress  or  officer  of  the  United  States 
shall  be  eligible  to  a  seat  in  the  Legislature.  If  any  person  after  his  election 
to  the  Legislature,  be  elected  to  Congress  or  elected  or  appointed  to  any 
office  under  the  United  States,  his  acceptance  thereof  shall  vacate  his  seat. 

Sec.  6.  No  person  convicted  of  embezzlement  or  misuse  of  the  public 
funds  shall  have  a  seat  in  the  Legislature. 

Sec.  7.  All  State  officers  before  entering  upon  their  respective  duties, 
shall  take  and  subscribe  an  oath  or  affirmation  to  support  the  Constitution 
of  the  United  States  and  the  Constitution  of  this  State,  and  faithfully  to 
discharge  the  duties  of  their  respective  offices. 

Sec.  S.  a  majority  of  each  House  shall  constitute  a  quorum.  Each 
House  shall  establish  its  own  rules;  and  shall  be  judge  of  the  elections,  re- 
turns and  qualifications  of  its  own  members. 

Sec.  9.  All  vacancies  occurring  in  either  House  shall  be  filled  for  the 
unexpired  term  by  election. 

Sec.  10.  Each  House  shall  keep  and  publish  a  journal  of  its  proceedings. 
The  yeas  and  nays  shall  be  taken  and  entered  immediately  on  the  jo"rnaI, 
upon  the  filial  passage  of  every  bill  or  joint  resolution.     Neither  House, 


Constitution  Adopted  July  29,  1859.  579 

without  the  consent  of  the  other,  shall  adjourn  for  more  than  two  days, 
Sundays  excepted. 

Sec.  U.  Any  member  of  either  House  shall  have  the  right  to  protest 
against  any  act  or  resolution;  and  such  protest  shall,  without  delay  or 
alteration,  be  entered  on  the  journal. 

Sec,  12.  All  bills  shall  originate  in  the  House  of  Representatives,  and  be 
subject  to  amendment  or  rejection  by  the  Senate. 

Sec.  13.  A  majority  of  all  the  members  elected  to  each  House,  voting  in 
the  affirmative,  shall  be  necessary  to  pass  any  bill  or  joint  resolution. 

Sec.  14.  Every  bill  and  joint  resolution  passed  by  the  House  of  Repre- 
sentatives and  Senate,  shall,  within  two  days  thereafter,  be  signed  by  the 
presiding  officers,  and  presented  to  the  Governor;  if  he  approve,  he  shall 
sign  it;  but  if  not,  he  shall  return  it  to  the  House  of  Representatives,  which 
shall  enter  the  objections  at  large  upon  its  journal  and  proceed  to  re- 
consider the  same.  If,  after  such  reconsideration,  two-thirds  of  the  mem- 
bers elected  shall  agree  to  pass  the  bill  or  resolution,  it  shall  be  sent,  with 
the  objections,  to  the  Senate,  by  which  it  shall  likewise  be  reconsidered ;  and 
if  approved  by  two-thirds  of  all  the  members  elected,  it  shall  become  a  law. 
But  in  all  such  cases,  the  vote  shall  be  taken  by  yeas  and  nays,  and  entered 
upon  the  journals  of  each  House.  If  any  bill  shall  not  be  returned  w  thin 
three  days,  (Sundays  excepted,)  after  it  shall  have  been  presented  to  the 
Governor,  it  shall  become  a  law  in  like  manner  as  if  he  had  signed  it,  unless 
the  Legislature,  by  its  adjournment,  prevent  its  return,  in  which  case  it 
shall  not  become  a  law. 

Sec.  15.  Every  bill  shall  be  read  on  three  separate  days  in  each  House, 
unless  in  case  of  emergency.  Two-thirds  of  the  House  where  such  bill  is 
pending  may,  if  deemed  expedient,  suspend  the  rules;  but  the  reading  of 
the  bill  by  sections,  on  its  final  passage,  shall  in  no  case  be  dispensed  with. 

Sec.  16.  No  bill  shall  contain  more  than  one  subject,  which  shall  be 
clearly  expressed  in  its  title,  and  no  law  shall  be  revived  or  amended,  unless 
the  new  act  contain  the  entire  act  revived,  or  the  section  or  sections 
amended,  and  the  section  or  sections  so  amended  shall  be  repealed 

Sec.  17.  All  laws  of  a  general  nature  shall  have  a  uniform  operation 
throughout  the  State;  and  in  all  cases  where  a  general  law  can  be  made 
applicable,  no  special  law  shall  be  enacted. 

[*6]     *Sec.  18.    All  power  to  grant  divorces,  is  vested  in  the  District 
Courts,  subject  to  regulation  by  law. 

Sec.  19.  The  Legislature  shall  prescribe  the  time  when  its  acts  shall  be  in 
force,  and  shall  provide  for  the  speedy  pubhcation  of  the  same;  and  no 
law  of  a  general  nature,  shall  be  in  force  until  the  same  be  published.  It 
shall  have  the  power  to  provide  for  the  election  or  appointment  of  all 
officers,  and  the  filling  of  all  vacancies  not  otherwise  provided  for  in  this 
Constitution. 

Sec.  20.  The  enacting  clause  of  all  laws  shall  be  "Be  it  enacted  by  the 
Leerisiature  of  the  State  of  Kansas;"  and  no  law  shall  be  enacted  except 
by  bill. 

Sec.  21.  The  Legislature  may  confer  upon  tribunals  transacting  the 
county  business  of  the  several  counties,  such  powers  of  local  legislation  and 
administration  as  it  shall  deem  expedient. 

Sec.  22.  For  any  speech  or  debate  in  either  House,  the  members  shall  not 
be  questioned  elsewhere.  No  member  of  the  Legislature  shall  be  subiect  to 
arrest — except  for  felony  or  breach  of  the  peace — in  going  to,  or  returning 


580  Convention  Proceedings  and  Debates. 

from,  the  place  of  meeting,  or  during  the  continuance  of  the  session; 
neither  shall  he  be  subject  to  the  service  of  any  civil  process  during  the 
session,  nor  for  fifteen  days  previous  to  its  commencement. 

Sec.  23.  The  Legislature,  in  proAiding  for  the  formation  and  regulation 
of  schools,  shall  make  no  distinction  between  the  rights  of  males  and 
females. 

Sec.  24.  Xo  money  shall  be  drawn  from  the  treasury,  except  in  pur- 
suance of  a  specific  appropriation  made  by  law;  and  no  appropriation 
shall  be  for  a  longer  term  than  one  year. 

Sec.  25.  All  sessions  of  the  Legislature  shall  be  held  at  the  State  Capital, 
and  all  regular  sessions  shall  commence  annually  on  the  second  Tuesday  of 
.January. 

Sec.  26.  The  Legislature  shall  provide  for  taking  an  enumeration  of  the 
inhabitants  of  the  State  at  least  once  in  ten  years.  The  first  enumeration 
shall  be  taken  in  a.  d.  1865. 

Sec.  27.  The  House  of  Representatives  shall  ha\e  the  sole  power  to  im- 
peach. All  impeachments  shall  be  tried  by  the  Senate;  and  when  sitting 
for  that  purpose,  the  Senators  shall  take  an  oath  to  do  justice  according 
to  the  law  and  the  evidence.  No  person  shall  be  convicted  without  the 
concurrence  of  two-thirds  of  the  Senators  elected. 

Sec.  28.  The  Governor  and  all  other  officers  under  this  Constitution, 
shall  be  subject  to  impeachment  for  any  misdemeanor  in  office;  but  judg- 
ment in  all  such  cases  shall  not  be  extended  further  than  to  removal  from 
office  and  disqualification  to  hold  any  oflfice  of  profit,  honor  or  trust  under 
this  Constitution;  but  the  party,  whether  acquitted  or  convicted,  shall  be 
liable  to  indictment,  trial,  judgment  and  punishment,  according  to  law. 

ARTICLE  in. 

judici.-vl. 

Section  1.  The  Judicial  power  of  this  State  shall  be  \ested  in  a  supreme 
court,  district  courts,  probate  courts,  justices  of  the  peace,  and  such  other 
courts,  inferior  to  the  supreme  court,  as  may  be  provided  by  law;  and  all 
courts  of  record  shall  have  a  seal  to  be  used  in  the  authentication  of  all 
process. 

Sec.  2.  The  Supreme  Court  shall  consist  of  one  chief  justice  and  two 
associate  justices  (a  majority  of  whom  shall  constitute  a  quorum),  who 
shall  be  elected  by  the  electors  of  the  State  at  large,  and  whose  term  of 
office,  after  the  first,  shall  be  six  years.  At  the  first  election,  a  chief  justice 
shall  be  chosen  for  six  years,  one  associate  justice  for  four  years,  and  one 
for  two  years. 

[*7]  *Sec.  3.  The  supreme  court  shall  have  original  jurisdiction  in  pro- 
cpedings  in  quo  warranto,  mandamus,  and  habeas  corpus;  and  such  ap- 
pellate jurisdiction  as  may  be  provided  by  law.  It  shall  hold  one  term 
each  year  at  the  seat  of  government  and  such  other  terms  at  such  places 
as  may  be  provided  by  law,  and  its  jiirisdiction  shall  be  co-extensive  with 
the  State. 

Sec.  4.  There  shall  be  appointed,  by  the  justices  of  the  supreme  court, 
a  reporter  and  clerk  of  said  court,  who  shall  hold  thei-r  offices  two  years,  and 
whose  duties  shall  be  prescribed  by  law. 

Sec.  5.  The  State  shall  be  divided  into  five  judicial  districts,  in  each  of 
which  there  shall  be  elected,  by  the  electors  thereof,  a  district  judge,  who 


CoNSTiTiTioN  Adoptkd  Jui.y  29,  185!t.  581 

shall  hold  his  office  for  the  term  of  four  years.  District  courts  shall  be  held 
at  such  times  and  places  as  may  be  provided  by  law. 

Sec.  6.  The  district  courts  shall  have  such  jurisdiction  in  their  respective 
districts  as  may  be  provided  by  law. 

Sec.  7.  There  shall  be  elected  in  each  organized  county,  a  clerk  of  the 
district  court,  who  shall  hold  his  office  two  years,  and  whose  duties  shall  be 
prescribed  by  law. 

Sec.  S.  There  shall  be  a  })robate  court  in  each  county,  which  shall  be  a 
court  of  record,  and  have  such  probate  jurisdiction  and  care  of  estates  of 
deceased  persons,  minors,  and  persons  of  unsound  minds,  as  may  be  pre- 
scribed by  law;  and  shall  have  jurisdiction  in  cases, of  habeas  corpus.  This 
court  shall  consist  of  one  judge,  who  shall  be  elected  by  the  qualified  voters 
of  the  county  and  hold  his  office  two  years.  He  shall  be  his  own  clerk,  and 
shall  hold  court  at  such  times  and  receive  for  compensation  such  fees  as  may 
be  prescribed  by  law. 

Sec.  9.  Two  justices  of  the  peace  shall  be  elected  in  each  township, 
whose  term  of  office  shall  be  two  years,  and  whose  powers  and  duties  shall 
be  prescribed  by  law.  The  number  of  justices  of  the  peace  may  be  in- 
creased in  any  township  by  law. 

Sec.  10.  All  appeals  from  probate  courts  and  justices  of  the  peace  shall 
be  to  the  district  court. 

Sec.  11.  All  the  judicial  officers  provided  for  by  this  article  shall  be 
elected  at  the  first  election  under  this  constitution,  and  shall  reside  in  their 
respective  townships,  counties  or  districts  during  their  respective  terms  of 
office.  In  case  of  vacancy  in  any  judicial  office,  it  shall  be  filled  by  appoint- 
ment of  the  governor  until  the  next  regular  election  that  shall  occur  more 
than  thirty  days  after  such  vacancy  shall  have  happened. 

Sec.  12.  All  judicial  officers  shall  hold  their  offices  until  their  successors 
shall  have  qualified. 

Sec.  13.  The  justices  of  the  supreme  court  and  judges  of  the  district 
courts  shall,  at  stated  times,  receive  for  their  services  such  compensation  as 
may  be  provided  by  law,  which  shall  not  be  increased  during  their  respec- 
tive terras  of  office:  Provided,  Such  compensation  shall  not  be  less  than 
fifteen  hundred  dollars  to  each  justice  or  judge,  each  year,  and  such 
justices  or  judges  shall  receive  no  fees  or  perquisites  nor  hold  any  other 
office  of  profit  or  trust  under  the  authority  of  the  State,  or  the  United 
States,  during  the  term  of  office  for  which  such  justices  and  judges  shall  be 
elected,  nor  practice  law  in  any  of  the  courts  in  the  State  during  their  con- 
tinuance in  office. 

Sec.  14.  Provision  may  be  made  by  law  for  the  increase  of  the  number  of 
judicial  districts  whenever  two-thirds  of  the  members  of  each  house  shall 
concur.  Such  districts  shall  be  formed  of  compact  territory  and  bounded 
by  county  lines,  and  such  increase  shall  not  vacate  the  office  of  any  judge. 

Sec.  15.  Justices  of  the  supreme  court  and  judges  of  the  district  courts 
may  t3e  removed  from  office  by  resolution  of  both  houses,  if  two-thirds  of  the 
members  of  each  house  concur.  But  no  such  removal  shall  be  made  except 
upon  complaint,  the  substance  of  which  shall  be  entered  upon  the  journal, 
1*8]  nor  until  the  party  charged  *shall  have  had  notice  and  opportunity 
to  be  heard. 

Sec.  16.  The  several  justices  and  judges  of  the  courts  of  record  in  this 
State  shall  ha^•e  such  jurisdiction  at  chambers  as  may  be  provided  by  law. 

Sec.  17.  The  style  of  all  process  shall  be  "The  State  of  Kansas,"  and  all 
prosecutions  shall  be  carried  on  in  the  name  of  the  State. 


682  Convention  Proceedings  and  Debates. 

Sec.  18.  Until  otherwise  provided  by  law,  the  first  district  shall  consist 
of  the  counties  of  Wyandot,  Leavenworth,  Jefferson  and  Jackson.  The 
second  district  shall  consist  of  the  counties  of  Atchison,  Doniphan,  Brown, 
Nemaha,  Marshall  and  Washington.  The  third  district  shall  consist  of  the 
counties  of  Pottawatomie,  Riley,  Clay,  Dickinson,  Davis,  Waubonsee  and 
Shawnee.  The  fourth  district  shall  consist  of  the  counties  of  Douglas, 
Johnson,  Lykins,  Franklin,  Anderson,  Linn,  Bourbon  and  Allen.  The 
fifth  district  shall  consist  of  the  counties  of  Osage,  Coffey,  Woodson,  Green- 
wood, Madison,  Breckenridge,  Morris,  Chase,  Butler  and  Hunter. 

Sec.  19.  New  or  unorganized  counties  shall,  by  law,  be  attached  for 
judicial  purposes  to  the  most  convenient  judicial  district. 

Sec.  20.  Provision  shall  be  made  by  law  for  the  selection,  by  the  bar,  of 
a  pro  tern,  judge  of  the  district  court,  when  the  judge  is  absent  or  other- 
wise unable  or  disqualified  to  sit  in  any  case. 

ARTICLE  IV. 

elections. 

Section  1.  All  elections  by  the  people  shall  be  by  ballot,  and  all  elec- 
tions by  the  Legislature  shall  be  viva  voce. 

Sec.  2.  General  elections  shall  be  held  annually  on  the  Tuesday  suc- 
ceeding the  first  Monday  in  November.  Township  elections  shall  be  held 
on  the  first  Tuesday  in  April,  until  otherwise  provided  by  law. 

ARTICLE  V. 

SUFFRAGE. 

Section  1.  Every  white  male  person  of  twenty-one  years  and  upwards 
belonging  to  either  of  the  foUowdng  classes — who  shall  have  resided  in  Kan- 
sas si.x  months  next  preceding  any  election,  and  in  the  township  or  ward  in 
which  he  offers  to  vote,  at  least  thirty  days  next  preceding  such  election — 
shall  be  deemed  a  qualified  elector. 

1st,  Citizens  of  the  United  States;  2d,  persons  of  foreign  birth  who  shall 
have  declared  their  intention  to  become  citizens  conformalDly  to  the  laws  of 
the  United  States  on  the  subject  of  naturalization. 

Sec.  2.  No  person  under  guardianship,  non  compos  mentis  or  insane, 
shall  be  qualified  to  vote;  nor  any  person  convicted  of  treason  or  felony, 
unless  restored  to  civil  rights. 

Sec.  3.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the  United 
States,  or  of  their  allies,  shall  be  deemed  to  have  acquired  a  residence  in 
the  State  in  consequence  of  being  stationed  within  the  same;  nor  shall  any 
soldier,  seaman  or  marine  have  the  right  to  vote. 

Sec.  4.  The  Legislature  shall  pass  such  laws  as  may  be  necessary  for 
ascertaining  by  proper  proofs,  the  citizens  who  shall  be  entitled  to  the  right 
of  suffrage  hereby  established. 

Sec.  5.  Every  person  who  shall  give  or  accept  a  challenge  to  fight  a 
duel,  or  who  shall  knowingly  carry  to  another  person  such  challenge,  or 
shall  go  out  of  the  State  to  fight  a  duel,  shall  be  ineligible  to  any  office  of 
trust  or  profit. 

Sec.  6.  Every  person  who  shall  have  given  or  offered  a  bribe  to  procure 
his  election,  shall  be  disqualified  from  holding  office  during  the  term  for 
which  he  may  have  been  elected. 


Constitution  Adopted  July  29,  1859.  583 

Sec.  7.  Electors,  during  their  attendance  at  elections,  and  in  going  to 
[*9]  and  re*tnrning  therefrom,  shall  be  privileged  from  arrest  in  all  cases 
except  treason,  felony,  or  breach  of  the  peace. 

ARTICLE  VI. 

EDUCATION. 

Section  1.  The  State  Superintendent  of  Public  Instruction  shall  have 
the  general  supervision  of  the  common  school  funds  and  educational  inter- 
est of  the  State,  and  perform  such  other  duties  as  may  be  prescribed  by  law. 
A  Superintendent  of  Public  Instruction  shall  be  elected  in  each  county, 
whose  term  of  office  shall  be  two  years,  and  whose  duties  and  compensation 
shall  be  prescribed  by  law. 

Sec.  2.  The  Legislature  shall  encourage  the  promotion  of  intellectual, 
moral,  scientific  and  agricultural  improvement,  by  establishing  a  uniform 
system  of  common  schools,  and  schools  of  a  higher  grade,  embracing  normal, 
preparatory,  collegiate  and  university  departments. 

Sec.  3.  The  proceeds  of  all  lands  that  have  been,  or  may  be,  granted  by 
the  United  States  to  the  State,  for  the  support  of  schools,  and  the  five 
hundred  thousand  acres  of  land  granted  to  the  new  States,  under  an  act  of 
Congress  distributing  the  proceeds  of  public  lands  among  the  several  States 
of  the  Union,  approved  Sept.  4,  a.d.  1841,  and  all  estates  of  persons  dying 
without  heir  or  will,  and  such  per  cent,  as  may  be  granted  by  Congress,  on 
the  sale  of  lands  in  this  State,  shall  be  the  common  property  of  the  State, 
and  shall  be  a  perpetual  school  fund,  which  shall  not  be  diminished,  but 
the  interest  of  which,  together  with  all  the  rents  of  the  lands,  and  such 
other  means  as  the  Legislature  may  provide,  by  tax  or  otherwise,  shall  be 
in\dolably  appropriated  to  the  support  of  common  schools. 

Sec.  4.  The  income  of  the  State  school  funds  shall  be  disbursed  annually, 
by  order  of  the  State  Superintendent,  to  the  several  county  treasurers,  and 
thence  to  the  treasurers  of  the  several  school  districts,  in  equitable  propor- 
tion to  the  number  of  children  and  youth  resident  therein,  between  the  ages 
of  five  and  twenty-one  years:  Provided,  That  no  school  district,  in  which  a 
common  school  has  not  been  maintained  at  least  three  months  in  each  year, 
shall  be  entitled  to  receive  any  portion  of  such  funds. 

Sec.  5.  The  school  lands  shall  not  be  sold  unless  such  sale  shall  be 
authori7ed  by  a  vote  of  the  people  at  a  general  election;  but,  subject  to 
revaluation  every  five  years,  they  may  be  leased  for  any  number  of  years 
not  exceeding  twenty-five,  at  a  rate  established  by  law. 

Sec.  6.  All  money  which  shall  be  paid  by  persons  as  an  equivalent  for 
exemption  from  military  duty;  the  clear  proceeds  of  estrays,  ownership  of 
which  shall  vest  in  the  taker  up;  and  the  proceeds  of  fines  for  any  breach 
of  the  penal  laws,  shall  be  exclusively  applied  in  the  several  counties  in 
which  the  money  is  paid  or  fines  collected,  to  the  support  of  common 
schools. 

Sec.  7.  Pro\'ision  shall  be  made  by  law  for  the  establishment,  at  some 
eligible  and  central  point,  of  a  State  University,  for  the  promotion  of 
Uterature,  and  the  arts  and  sciences,  including  a  Normal  and  an  Agricul- 
tural department.  All  funds  arising  from  the  sale  or  rents  of  lands  granted 
by  the  United  States  to  the  State  for  the  support  of  a  State  University, 
and  all  other  grants,  donations  or  bequests,  either  by  the  State  or  by 
individuals,  for  such  purpose,  shall  remain  a  perpetual  fund,  to  be  called 
the  "University  Fund;"  the  interest  of  which  shall  be  appropriated  to  the 
support  of  the  State  University. 


oS4  CoNVEXTiox  Proceedings  and  Debates. 

Sec.  8.  No  religious  sect  or  sects  shall  ever  control  any  part  of  the 
common  school  or  University  funds  of  the  State. 

Sec.  9.  The  State  Superintendent  of  Public  Instruction,  Secretary  of 
State  and  Attorney  General  shall  constitute  a  board  of  Commissioners,  for 
the  management  and  investment  of  the  School  Funds.  Any  two  of  said 
Commissioners  shall  be  a  quorum. 

j*10]  ^ARTICLE  VII. 

PUBLIC   IXSTIXrTIOXS. 

Section  1.  Institutions  for  the  benefit  of  the  insane,  blind,  and  deaf 
and  dumb,  and  such  other  benevolent  institutions  as  the  pubhc  good  may 
require,  shall  be  fostered  and  supported  by  the  State,  subject  to  such  regu- 
lations as  may  be  prescribed  by  law.  Trustees  of  such  benevolent  institu- 
tions as  may  be  hereafter  created,  shall  be  appointed  by  the  Governor,  by 
and  with  the  advice  and  consent  of  the  Senate;  and  upon  all  nominations 
made  by  the  Governor,  the  question  shall  be  taken  in  yeas  and  nays,  and 
entered  upon  the  journal. 

Sec.  2.  A  Penitentiary  shall  be  established,  the  directors  of  which  shall 
lie  appointed  or  elected,  as  prescribed  by  law. 

Sec.  3.  The  Governor  shall  fill  any  vacancy  that  may  occur  in  the 
offices  aforesaid,  until  the  next  session  of  the  Legislature,  and  until  a 
successor  to  his  appointee,  shall  be  confirmed  and  cjualified. 

Sec.  4.  The  respective  counties  of  the  State  shall  provide,  as  may  be 
l)rescribed  by  law,  for  those  inhabitants,  who,  by  reason  of  age,  infirmity, 
or  other  misfortune,  may  have  claims  upon  the  sympathy  and  aid  of 
society. 

ARTICLE  Vni. 
militia. 

Section  1.  The  Militia  shall  be  composed  of  all  able-bodied  white  male 
citizens  between  the  ages  of  twenty-one  and  forty-five  years,  except  such 
;is  are  exempted  by  the  laws  of  the  United  States,  or  of  this  State;  but  all 
citizens,  of  any  religious  denomination  whatever,  who,  from  scruples  of 
conscience,  may  be  averse  to  bearing  arms,  shall  be  exempted  therefrom, 
upon  such  conditions  as  may  be  prescribed  by  law. 

Sec.  2.  The  Legislature  shall  provide  for  organizing,  equipping  and 
disciplining  the  Militia  in  such  manner  as  it  shall  deem  expedient,  not 
incompatible  with  the  laws  of  the  United  States. 

Sec.  3.  Officers  of  the  Militia  shall  be  elected  or  appointed,  and  com- 
missioned in  such  manner  as  may  be  provided  by  law. 

Sec.  4.  The  Governor  shall  be  Commander  in  Chief,  and  shall  have 
power  to  call  out  the  Militia  to  execute  the  laws,  to  siippress  insurrection, 
and  to  repel  invasion. 

ARTICLE  IX. 

COUNTY    AND   TOWNSHIP   0RGAN1Z.\TI0N . 

Section  1.  The  Legislature  shall  provide  for  organizing  new  counties, 
locating  county  seats,  and  changing  county  lines;  but  no  county  seat  shall 
be  changed  without  the  consent  of  a  majority  of  the  electors  of  the  county; 
nor  any  county  organized,  nor  the  lines  of  any  county  changed  so  as  to 
include  an  area  of  less  than  four  hundred  and  thirty-two  square  miles. 


CoNSTiTiTiON  Adopted  Jily  29,  1859.  585 

Sec.  2.  The  Legislature  shall  provide  for  such  countj-  and  township 
officers  as  may  be  necessary. 

Sec.  3.  All  countx-  officers  shall  hold  their  offices  for  the  term  of  two 
years,  and  until  their  successors  shall  be  qualified;  but  no  person  shall 
hold  the  office  of  sheriff  or  county  treasurer  for  more  than  two  consecu- 
tive terms. 

Sec.  4.  Township  officers,  except  justices  of  the  peace,  shall  hold  their 
offices  one  year  from  the  Monday  next  succeeding  their  election,  and  until 
their  successors  are  qualified. 

Sec.  5.  All  county  and  township  officers  may  be  removed  from  office, 
in  snr-h  manner  and  for  such  cause,  as  shall  be  prescribed  by  law. 

ARTICLE  X. 

.\PP0RTI0XMENT. 

Section  1.  In  the  future  apportionment  of  the  State,  each  organized 
coimty  shall  have  at  least  one  Representative;  and  each  county  shall  be 
divided  into  as  many  Districts  as  it  has  Representatives. 

Sec.  2.  It  shall  be  the  dutj'  of  the  first  Legislature  to  make  an  appor- 
tionment, based  upon  the  census  ordered  by  the  last  Legislative  As- 
sembly of  the  Territory;  and  a  new  Apportionment  shall  be  made  in  the 
[*11]  *year  1866,  and  every  five  years  thereafter,  based  upon  the  census 
of  the  preceding  year. 

Sec.  3.  Until  there  shall  be  a  new  apportionment,  the  State  shall  be 
divided  into  Election  districts;  and  the  Representatives  and  Senators  shall 
be  ap]>ortioned  among  the  several  district.s  as  follows,  viz: 

Keii.  Sen. 

1st  Disi .     Doniphan 4  2 

2d  ■'         Atchison  and  Brown 6  2 

3d  ■■         Xemaha,  Marshall  &  Washington 2  1 

4th  "         Clay,  Riley  and  Pottawatomie 4  1 

.5th  "         Dickinson,  Davis  and  Waubonsee 3  1 

6th  ■■         Shawnee,  Jackson  and  Jefferson 8  2 

7th  '■         Leavenworth    9  3 

8th  '■         Douglas,  Johnson  and  Wyandot 13  4 

9th  "         Lykins,  Linn  and  Bourbon 9  3 

10th  ■■         Allen,  Anderson,  and  Frankhn 6  2 

11th  ■■         Wooclson  and  Madison 2  1 

12th  '■         Coffev,  Osage  &  Breckenridge 6  2 

13th  ••         Morris,  Chase  and  Butler 2  1 

14th  ••  Arrapahoe,  Godfrey,  Greenwood,  Hun- 
ter, Wilson,  Dorn  and  McGee 1 

ARTICLE  XI. 

finance  and  taxation. 

Section  1 .  The  Legislature  shall  provide  for  a  uniform  and  equal  rate  of 
assessment  and  taxation;  but  all  property  used  exclusively  for  State, 
county,  municipal,  literary,  educational,  scientific,  religious,  benevolent  and 
charitable  purposes,  and  personal  property  to  the  amount  of  at  least  two 
hundred  doUars  for  each  family,  shall  be  exempted  from  taxation. 

Sec.  2.  The  Legislature  shall  provide  for  taxing  the  notes  and  bills 
(hscounted  or  jiurchased,  moneys  loaned,  and  other  property,  effects,  or 
dues  of  every  description,  (without  deduction)  of  all  banks  now  existing. 
or  hereafter  to  be  created,  and  of  all  tvnikers;  so  that  all  property  em- 


586  Convention  Proceedings  and  Debates. 

ployed  in  banking  shall  always  bear  a  burden  of  taxation  equal  to  that  im- 
posed upon  the  property  of  individuals. 

Sec.  3.  The  Legislature  shall  provide,  each  year,  for  raising  revenue 
sufficient  to  defray  the  current  expenses  of  the  State. 

Sec.  4.  No  tax  shall  be  levied  except  in  pursuance  of  a  law,  which  shall 
distinctly  state  the  object  of  the  same;  to  which  object  only  such  tax  shall 
be  applied. 

Sec.  5.  For  the  purpose  of  defraying  extraordinary  expenses  and  making 
public  improvements,  the  State  may  contract  pubhc  debts ;  but  such  debts 
shall  never,  in  the  aggregate,  exceed  one  million  dollars,  except  as  herein- 
after pro-vnded.  Every  such  debt  shall  be  authorized  by  law  for  some  pur- 
pose specified  therein,  and  the  vote  of  a  majority  of  all  the  members  elected 
to  each  House,  to  be  taken  by  the  yeas  and  naj^s,  shall  be  necessary  to  the 
passage  of  such  law;  and  every  such  law  shall  pro\ade  for  le\ying  an  an- 
nual tax  sufficient  to  pay  the  annual  interest  of  such  debt,  and  the  prin- 
cipal thereof,  when  it  shall  become  due;  and  shall  specifically  appropriate 
the  proceeds  of  such  taxes  to  the  pajTiient  of  such  principal  and  interest; 
and  such  appropriation  shall  not  be  repealed  nor  the  taxes  postponed  or 
diminished,  imtil  the  interest  and  principal  of  such  debt  shall  have  been 
wholly  paid. 

Sec.  6.  No  debt  shall  be  contracted  by  the  State  except  as  herein  pro- 
\ided,  unless  the  proposed  law  for  creating  such  debt  shall  first  be  submitted 
to  a  direct  vote  of  the  electors  of  the  State  at  some  general  election ;  and  if 
such  proposed  law  shall  be  ratified  by  a  majority  of  all  the  votes  cast  at 
such  general  election,  then  it  shall  be  the  duty  of  the  Legislature  next  after 
such  election  to  enact  such  law  and  create  such  debt,  subject  to  all  the 
pro\isions  and  restrictions  provided  in  the  preceding  sections  of  this 
article. 

Sec.  7.  The  State  may  borrow  money  to  repel  invasion,  suppress  in- 
[*12]  surrection,  or  -defend  the  State  in  time  of  war;  but  the  money 
thus  raised,  shall  be  applied  exclusively  to  the  object  for  which  the  loan 
was  authorized,  or  to  the  repajonent  of  the  debt  thereby  created. 

Sec.  3.  The  State  shall  never  be  a  party  in  carrying  on  any  works  of 
internal  improvement. 

ARTICLE  XII. 

corporations. 

Section  1.  The  Legislature  shall  pass  no  special  act  conferring  corpo- 
rate powers.  Corporations  may  be  created  under  general  laws;  but  all  such 
laws  may  be  amended  or  repealed. 

Sec.  2.  Dues  from  corporations  shall  be  secured  by  individual  lia- 
bility of  the  stockholders  to  an  additional  amount  equal  to  the  stock  owned 
by  each  stockholder;  and  such  other  means  as  shall  be  provided  by  law; 
but  such  individual  liabilities  shall  not  apply  to  railroad  corporations,  nor 
corporations  for  rehgious  or  charitable  purposes. 

Sec.  3.  The  title  to  all  property  of  religious  corporations,  shall  vest  in 
Trustees,  whose  election  shall  be  by  the  members  of  such  corporations. 

Sec.  4.  No  right  of  way  shall  be  appropriated  to  the  use  of  any  cor- 
poration, until  full  compensation  therefor  be  first  made  in  money,  or 
secured  by  a  deposit  of  money,  to  the  owner,  irrespective  of  any  benefit 
from  any  improvement  proposed  by  such  corporation. 


Constitution  Adopted  July  29,  1859.  687 

Sec.  5.  Provision  shall  be  made  by  general  law  for  the  organization  of 
cities,  towns  and  villages;  and  their  power  of  taxation,  assessment,  borrow- 
ing money,  contracting  debts  and  loaning  their  credit,  shall  be  so  restricted 
as  to  prevent  the  abuse  of  such  power. 

Sec.  6.  The  term  corporations,  as  used  in  this  article,  shall  include 
all  associations  and  joint  stock  companies  having  powers  and  privileges 
not  possessed  by  individuals  or  partnerships;  and  all  corporations  may  sue 
and  be  sued  in  their  corporate  name. 

ARTICLE  XIII. 

BANKS   .\ND   CURRENCY. 

Section  1.  No  bank  shall  be  estabhshed  otherwise  than  under  a  gen- 
eral banking  law. 

Sec.  2.  All  banking  laws  shall  require,  as  collateral  security  for  the 
redemption  of  the  circulating  notes  of  any  bank,  organized  under  their 
provisions,  a  deposit  with  the  auditor  of  State,  of  the  interest  paying  bonds 
of  the  several  States  or  of  the  United  States,  at  the  cash  rates  of  the 
New  York  stock  exchange,  to  an  amount  equal  to  the  amount  of  circulat- 
ing notes  which  such  bank  shall  be  authorized  to  issue,  and  a  cash  deposit 
in  its  vaults  of  ten  per  cent  of  such  amount  of  circulating  notes;  and  the 
auditor  shall  register  and  countersign  no  more  circulating  bills  of  any 
bank,  than  the  cash  value  of  such  bonds  when  deposited. 

Sec.  3.  Whenever  the  bonds  pledged  as  collateral  security  for  the 
circulation  of  any  bank,  shall  depreciate  in  value,  the  auditor  of  State  shall 
require  additional  security,  or  curtail  the  circulation  of  such  bank,  to  such 
extent  as  ^^^ll  continue  the  security  unimpaired. 

Sec.  4.  All  circulating  notes  shall  be  redeemable  in  the  money  of  the 
United  States.  Holders  of  such  notes  shall  be  entitled,  in  case  of  the 
insolvency  of  such  banks,  to  preference  of  payment  over  all  other  creditors. 

Sec.  5.    The  State  shall  not  be  a  stockholder  in  any  banking  institution. 

Sec.  6.  All  banks  shall  be  required  to  keep  offices  and  officers  for  the 
issue  and  redemption  of  their  circulation,  at  a  convenient  place  within  the 
State,  to  be  named  on  the  circulating  notes  issued  by  such  bank. 

Sec.  7.  No  banking  institution  shall  issue  circulating  notes  of  a  less 
denomination  than  five  dollars. 

Sec.  8.  No  banking  law  shall  be  in  force  until  the  same  shall  have 
been  submitted  to  a  vote  of  the  electors  of  the  State  at  some  general 
[*13]  election,  and  ^approved  by  a  majority  of  all  the  votes  cast  at  such 
election. 

Sec.  9.    Any  banking  law  may  be  amended  or  repealed. 

ARTICLE  XIV. 

.AMENDMENTS. 

Section  1.  Propositions  for  the  amendment  of  this  Constitution  may  be 
made  by  either  branch  of  the  Legislature;  and  if  two-thirds  of  all  the 
members  elected  to  each  House  shall  concur  therein,  such  proposed  amend- 
ments, together  with  the  yeas  and  nays,  shall  be  entered  on  the  journal, 
and  the  Secretary  of  State  shall  cause  the  same  to  be  published  in  at  least 
one  newspaper  in  each  county  of  the  State  where  a  newspaper  is  pubUshed, 


588  Convention  Proceedings  and  Debates. 

tor  three  months  preceding  the  next  election  for  Representatives,  at  which 
Time  the  same  shall  be  submitted  to  the  electors,  for  their  approval  or 
rejection;  and  if  a  majority  of  the  electors  voting  on  said  amendments, 
at  said  election,  shall  adopt  the  amendments,  the  same  shall  become  a  part 
oi  the  Constitution.  When  more  than  one  amendment  shall  be  submitted 
at  the  same  time,  they  shall  be  so  submitted  as  to  enable  the  electors  to 
vote  on  each  amendment  s'eparatel)-;  and  not  more  than  three  propo.sitions 
ro  amend  shall  be  submitted  at  the  same  election. 

Sec.  2.  Whenever  two-thirds  of  the  members  elected  to  each  branch 
of  the  Legishiture  shall  think  it  necessary  to  call  a  Convention  to  revise, 
amend  or  change  this  Constitution,  they  shall  recomiBend  to  the  electors 
to  vote  at  the  next  election  of  members  to  the  Legislature,  for  or  against 
a  Convention;  and  if  a  majority  of  all  the  electors  voting  at  such  election 
shall  have  voted  for  a  Convention,  the  Legislature  shall,  at  the  next  ses- 
.~ion,  provide  for  calling  the  same. 

ARTICLE  XV. 

MISCELLANEOUS. 

Section  1.  All  officers  whose  election  or  appointment  is  not  otherwise 
jirovided  for,  shall  be  chosen  or  appointed  as  may  be  prescribed  by  law. 

Sec.  2.  The  tenure  of  any  office  not  herein  provided  for  may  be  de- 
flared  by  law;  when  not  so  declared  such  office  shall  be  held  during  the 
pleasure  of  the  authority  making  the  appointment,  but  the  legislature 
shall  not  create  any  office  the  tenure  of  which  shall  be  longer  than  four 
years. 

Sec.  3.    Lotteries  and  the  sale  of  lottery  tickets  are  forever  prohibited. 

Sec.  4.  All  public  printing  shall  be  let,  on  contract,  to  the  lowest 
responsible  bidder,  by  such  executive  officers,  and  in  such  manner,  as  shall 
1)6  prescribed  by  law. 

Sec.  5.  An  accurate  and  detailed  statement  of  the  receipts  and  expendi- 
tures of  the  public  moneys,  and  the  several  amounts  paid,  to  whom,  and 
on  what  account,  .shall  be  published,  as  prescribed  by  law. 

Sec.  G.  The  Legislature  shall  provide  for  the  protection  of  the  rights 
of  women,  in  acquiring  and  possessing  property,  real,  personal  and  mixed, 
separate  and  apart  from  the  husband;  and  shall  also  provide  for  their 
equal  rights  in  the  possession  of  their  children. 

Sec.  7.  The  Legislature  may  reduce  the  salaries  of  officers,  who  shall 
neglect  the  performance  of  any  legal  duty. 

Sec.  S.  The  temporary  seat  of  government  is  hereby  located  at  the  city 
of  Topeka,  county  of  Shawnee.  The  first  Legislature  under  this  Constitu- 
tion shall  provide  by  law  for  submitting  the  question  of  the  permanent 
location  of  the  Capital  to  a  popular  vote,  and  a  majority  of  all  the  votes 
cast  at  some  general  election  shall  be  necessary  for  such  location. 

Sec.  9.  A  Homestead  to  the  extent  of  one  hundred  and  sixty  acres  of 
Farming  land,  or  of  one  acre  within  the  limits  of  an  incorporated  town  or 
city,  occupied  as  a  residence  by  the  family  of  the  owner,  together  with  all 
the  improvements  on  the  same,  shall  be  exempted  from  forced  sale  under 
[*14]  any  process  of  law,  and  shall  not  be  alienated  ^without  the  joint 
consent  of  husband  and  wife,  when  that  relation  exists;  Ijut  no  i)roperty 
.shall  be  exempt  from  sale  for  taxes,  or  for  the  payment  of  obligations  con- 
tracted for  the  purchase  of  said  premises,  or  for  the  erection  of  improve- 
ments thereon.    Provided :  the  provisions  of  this  section  shall  not  ajiply  to 


Constitution  Adopted  July  29,  1859.  589 

an>'  ])roress  of  law  obtained  by  virtue  of  a  lien  given  l)y  the  consent  of 
both  husband  and  wife. 

SCHEDULE. 

Section  1.  That  no  inconvenience  may  arise  from  the  change  from  a 
Territorial  Government  to  a  permanent  State  Government,  it  is  declared 
by  this  Constitution  that  all  suits,  rights,  actions,  prosecutions,  recogni- 
zances, contracts,  judgments  and  claims,  both  as  respects  individuals  and 
bodies  corporate,  shall  continue  as  if  no  change  had  taken  place. 

Sec.  2.  AH  fines,  penalties  and  forfeitures,  owing  to  the  Territory  of 
Kansas,  or  any  county,  shall  inure  to  the  use  of  the  State  or  county.  All 
bonds  executed  to  the  Territory,  or  any  officer  thereof,  in  his  official 
capacity,  shall  pass  over  to  the  Governor,  or  other  officers  of  the  State  or 
county,  and  their  successors  in  office,  for  the  use  of  the  State  or  county,  or 
bj'  him  or  them  to  be  respectively  assigned  over  to  the  use  of  those  con- 
cerned, as  the  case  may  be. 

Sec.  3.  The  Governor,  Secretary  and  judges,  and  all  other  officers,  both 
civil  and  military,  under  the  Territorial  government,  shall  continue  in  the 
exercise  of  the  duties  of  their  respective  departments  until  the  said  officers 
are  superseded  under  the  authority  of  this  Constitution. 

Sec.  4.  All  laws  and  parts  of  laws  in  force  in  the  Territory,  at  the  time 
of  the  acceptance  of  this  Constitution  by  Congress,  not  inconsistent  with 
this  Constitution,  shall  continue  and  remain  in  full  force  until  they  expire, 
or  shall  be  repealed. 

Sec.  5.  The  Governor  shall  use  his  private  seal  until  a  State  seal  is  pro- 
vided. 

Sec.  6.  The  Governor,  Secretary  of  State,  Auditor  of  State,  Treasurer 
of  State,  Attorney  General,  and  Superintendent  of  Public  Instruction,  shall 
keep  their  respective  offices  at  the  seat  of  government. 

Sec.  7.  All  records,  documents,  books,  papers,  moneys  and  vouchers 
belonging  and  pertaining  to  the  several  Territorial  Courts,  and  offices  and 
to  the  several  districts  and  county  offices,  at  the  date  of  the  admission  of 
this  State  into  the  Tnion,  shall  be  disposed  of  in  such  manner  as  may  be 
prescribed  by  law. 

Sec.  8.  All  suits,  i)leas,  plaints  and  other  proceedings  pending  in  any 
(;ourt  of  record,  or  justice's  court,  may  be  prosecuted  to  final  judgment 
and  execution;  and  all  appeals,  writs  of  error,  certiorari,  injunctions,  or 
other  proceedings  whatever,  may  progress  and  be  carried  on  as  if  this 
Constitution  had  not  been  adopted,  and  the  Legislature  shall  direct  the 
mode  in  which  such  suits,  pleas,  plaints,  prosecutions  and  other  proceed- 
ings, and  all  papers,  records,  books  and  documents  connected  therewith, 
may  be  removed  to  the  courts  established  by  this  Constitution. 

Sec.  9.  For  the  purpose  of  taking  the  vote  of  the  Electors  of  this  Ter- 
ritory for  the  ratification  or  rejection  of  this  Constitution,  an  election 
shall  be  held  in  the  several  voting  precincts  in  this  Territory,  on  the  first 
Tuesday  in  October,  a.  d.  1859. 

Sec.  10.  Each  elector  shall  express  his  assent  or  dissent  by  voting  a 
written  or  printed  ballot  labelled  'Tor  the  Constitution,"  or  "Against  the 
Constitution." 

Sec.  11.  If  a  majority  of  all  the  votes  cast  at  such  election  shall  be  in 
favor  of  the  Constitution,  then  there  shall  be  an  election  held  in  the 
several  voting  precincts  on  the  first  Tuesday  in  December.  .\.d.  1859,  for 


590  Convention  Proceedings  and  Debates. 

the  election  of  members  of  the  first  Legislature,  of  all  State,  District  and 
County  officers  provided  for  in  this  Constitution,  and  for  a  Representative 
in  Congress. 

[*15]  *Sec.  12.  All  persons  having  the  quaUfications  of  electors,  accord- 
ing to  the  provisions  of  this  Constitution,  at  the  date  of  each  of  said  elec- 
tions, and  who  shall  have  been  duly  registered  according  to  the  provisions 
of  the  registry  law  of  this  Territory,  and  none  others,  shall  be  entitled  to 
vote  at  each  of  said  elections. 

Sec.  13.  The  persons  who  may  be  Judges  of  the  several  voting  pre- 
cincts of  this  Territory  at  the  date  of  the  respective  elections  in  this 
schedule  provided  for,  shall  be  the  Judges  of  the  respective  elections  herein 
provided  for. 

Sec.  14.  The  said  Judges  of  election,  before  entering  upon  the  duties  of 
their  office,  shall  take  and  subscribe  an  oath  faithfully  to  discharge  their 
duties  as  such.  They  shall  appoint  two  Clerks  of  election,  who  shall  be 
sworn  by  one  of  said  Judges  faithfully  to  discharge  their  duties  as  such. 
In  the  event  of  a  vacancy  in  the  Board  of  Judges  the  same  shall  be  filled  by 
the  electors  present. 

Sec.  15.  At  each  of  the  elections  provided  for  in  this  schedule  the 
polls  shall  be  opened  between  the  hours  of  nine  and  ten  o'clock,  a.  m.,  and 
closed  at  sunset. 

Sec.  16.  The  tribunals  transacting  county  business  of  the  several 
counties,  shall  cause  to  be  furnished  to  the  Boards  of  Judges  in  their  re- 
spective counties  two  poll  books  for  each  election  hereinbefore  provided 
for,  upon  which  the  clerks  shall  inscribe  the  name  of  every  person  who  may 
vote  at  the  said  elections. 

Sec.  17.  After  closing  the  polls  at  each  of  the  elections  provided  for 
in  this  schedule,  the  Judges  shall  proceed  to  count  the  votes  cast,  and 
designate  the  persons  or  objects  for  which  they  were  cast,  and  shall  make 
two  correct  tally  lists  of  the  same. 

Sec.  18.  Each  of  the  Boards  of  Judges  shall  safely  keep  one  poll  book 
and  tally  list,  and  the  ballots  cast  at  each  election;  and  shall,  within  ten 
days  after  such  election,  cause  the  other  poll  book  and  tally  list  to  be 
transmitted,  by  the  hands  of  a  sworn  officer,  to  the  clerk  of  the  Board 
transacting  County  business  in  their  respective  Counties,  or  to  which  the 
County  may  be  attached  for  municipal  purposes. 

Sec.  19.  The  tribunals  transacting  County  business  shall  assemble  at 
the  County  seats  of  their  respective  counties  on  the  second  Tuesday  after 
each  of  the  elections  provided  for  in  this  schedule,  and  shall  canvass  the 
votes  cast  at  the  elections  held  in  the  several  precincts  in  their  respective 
counties,  and  of  the  Counties  attached  for  municipal  purposes.  They  shall 
hold  in  safe  keeping  the  poll  books  and  tally  lists  of  said  elections,  and 
shall,  within  ten  days  thereafter,  transmit,  by  the  hands  of  a  sworn  officer, 
to  the  President  of  this  Convention,  at  the  City  of  Topeka,  a  certified 
transcript  of  the  same,  showing  the  number  of  votes  cast  for  each  person 
or  object  voted  for  at  each  of  the  several  precincts  in  their  respective 
counties,  and  in  the  counties  attached  for  municipal  purposes,  separately. 

Sec.  20.  The  Governor  of  the  Territory,  and  the  President  and  Secre- 
tary of  this  Convention  shall  constitute  a  Board  of  State  canvassers,  any 
two  of  whom  shall  be  a  quorum;  and  who  shall,  on  the  fourth  Monday 
after  each  of  the  elections  provided  for  in  this  schedule,  assemble  at  said 
City  of  Topeka,  and  proceed  to  open  and  canvass  the  votes  cast  at  the 


Constitution  Adopted  July  29,  1859.  591 

several  precincts  in  the  different  counties  of  the  Territory  and  declare  the 
result;  and  shall  immediately  issue  certificates  of  election  to  all  persons 
(if  any)  thus  elected. 

Sec.  21.  Said  Board  of  State  Canvassers  shall  issue  their  proclamation 
not  less  than  twenty  days  next  preceding  each  of  the  elections  provided 
for  in  this  schedule.  Said  proclamations  shall  contain  an  announcement 
of  the  several  elections,  the  qualifications  of  electors,  the  manner  of  con- 
ducting said  elections  and  of  making  the  returns  thereof,  as  in  this  Con- 
[*16]  stitution  *provided,  and  shall  publish  said  proclamation  in  one 
newspaper  in  each  of  the  counties  of  the  Territory  in  which  a  newspaper 
may  be  then  published. 

Sec.  22.  The  Board  of  State  Canvassers  shall  provide  for  the  transmis- 
sion of  authenticated  copies  of  the  Constitution  to  the  President  of  the 
United  States,  the  President  of  the  Senate  and  Speaker  of  the  House  of 
Representatives. 

Sec.  23.  Upon  official  information  having  been  by  him  received  of  the 
admission  of  Kansas  into  the  Union  as  a  State,  it  shall  be  the  duty  of  the 
Governor  elect  under  the  Constitution,  to  proclaim  the  same  and  to  con- 
vene the  Legislature  and  do  all  things  else  necessary  to  the  complete  and 
active  organization  of  the  State  Government. 

Sec.  24.  The  first  Legislature  shall  have  no  power  to  make  any  changes 
in  county  fines. 

Sec.  25.  At  the  election  to  be  held  for  the  ratification  or  rejection  of  this 
Constitution,  each  elector  shaU  be  permitted  to  vote  on  the  Homestead 
provision  contained  in  the  Article  on  "Miscellaneous,"  by  depositing  a  ballot 
inscribed  "For  the  Homestead,"  or  "Against  the  Homestead;"  and  if  a 
majority  of  all  the  votes  cast  at  said  election  shall  be  against  said  provision, 
then  it  shall  be  stricken  from  the  Constitution. 

RESOLUTIONS. 

Resolved,  That  the  Congress  of  the  United  States  is  hereby  requested, 
upon  the  application  of  Kansas  for  admission  into  the  Union,  to  pass  an 
act  granting  to  the  State  forty-five  hundred  thousand  acres  of  land  to  aid 
in  the  construction  of  railroads  and  other  internal  improvements. 

Resolved,  That  Congress  be  further  requested  to  pass  an  act  appro- 
priating fifty  thousand  acres  of  land  for  the  improvement  of  the  Kansas 
River  from  its  mouth  to  Fort  Riley. 

Resolved,  That  Congress  be  further  requested  to  pass  an  act  granting 
all  swamp  lands  within  the  State  for  the  benefit  of  common  schools. 

Resolved,  That  Congress  be  further  requested  to  pass  an  act  appro- 
priating five  hundred  thousnnd  dollars,  or  in  lieu  thereof  five  hundred 
thousand  acres  of  land,  for  the  payment  of  the  claims  awarded  to  citizens 
of  Kansas  by  the  Claim  Commissioners  appointed  by  the  Governor  and 
Legislature  of  Kansas  under  an  act  of  the  Territorial  Legislature  passed 
7th  February,  1859. 

Resolved,  That  the  Legislature  shall  make  provision  for  the  sale  or  dis- 
posal of  the  lands  granted  to  the  State  in  aid  of  internal  improvements 
and  for  other  purposes,  subject  to  the  same  rights  of  preemption  to  the 
settlers  thereon  as  are  now  allowed  by  law  to  settlers  on  the  public  lands. 

Resolved,  That  it  is  the  desire  of  the  people  of  Kansas  to  be  admitted 
into  the  Union  with  this  Constitution. 


592 


Convention  Proceedings  and  Debates. 


Resolved,  That  Congress  l)e  further  requested  to  assume  the  debt  of  this 
Territory. 

Done  in  Convention  at  Wyandot,  this  29th  day  of  July,  a.d.  1859. 

JAMES  M.  WINCHELL, 


President  of  the  Kansas  Cnnstitutional  Convention 
nnd  Delegate  from  Osage  County. 


RoBT.  Graham, 
John  James  Ingalls. 
Caleb  May, 
J.  A.  Middleton, 
S.  D.  Houston, 
Luther  R.  Palmer, 
John  Taylor  Burris, 
.John  P.  Greer. 
.Tohn  Ritchie, 
H.  D.  Preston, 
Benjamin  F.  Simpson 
James  M.  Arthur. 
JosiAH  Lamb, 
Wm.  McCullough, 
Jas.  G.  Blunt, 
J.  C.  Burnett. 


John  A.  Martin,  Secretary. 

Saml.  a.  Kingman. 
Robt.  J.  Porter. 
James  Blood, 
S.  0.  Thacher. 
Edwin  Stokes, 
p.  h.  townsend. 
Wm.  Hutchinson. 
N.  C.  Blood, 
Edmund  G.  Ross. 
Jas.  Hanway, 
Allen  Crocker, 
Saml.  E.  Hoffman. 
James  A.  Signor, 
George  H.  Lillie, 
R.  L.  Williams, 
W.  P.  Dt^tton, 


Wm.  R.  Griffith. 


[End  of  Edition  of  1859.] 


APPENDIX  A. 


Amendments  and  Constitutional  Convention  proposals  submitted  subse- 
quent to  the  adoption  of  the  Constitution: 

TABLE   1— AMENDMENTS  ADOPTED. 
(Note. — Italic  letters  following  figures  in  second  column  refer  to  footnotes.) 


Year. 


1861 
1864 

1867 
1868 
1873 

1875 

1876 
1880 
1888 

1900 
1002 
1904 

1906 

1912 
1914 
1918 


No. 


Sec.  and  Art. 


2 
3 

4 

5(a) 

6 

7 
8(6) 

9(6) 

10(6) 

ll(6)(c) 

12(d) 


13 
14 


15(e) 

mn 

17 
18(9) 

19 

20 

21 
22(^0 

23(t) 

24(j) 
25  (A) 


Sec.  G.  S.  1915. 


7-13 

12—  2 
3—  5 

2—  5 

4—15 

2 2 

25—  2 
29—  2 

3—11 

24—  2 

3—  9 

10—15 


17  Bill  of  R. 
1—  8 


2—  3 

2—  4 

14—  2 
4—15 

17—  2 
2—12 

S—  3 

8—5 

3.  4  and  5—4 

New  30—2 
1—5 


248 

152 

197 

196 

256 

142 

165 
169 

230 

164 
222 

262 


121 
216 


171 

191 

154 
256 

157 
237 

177 

202 


Subject  Matter  of  Amendment. 


192,  193,  194 

(169o) 
195 


Authorizes  banks  to  issue  $1  notes. 

Bills  originate  in  either  '  ouse  of  Legislature. 
Suffrage  assured  to  soldiers  and  sailors. 

Suffrage  denied  to  certain  classes  of  persons. 

Legislature  elects  state  printer. 

Number  of  representatives  and  senators  change<i. 

Establishes  biennial  sessions  of  Legislature. 

New  section  added.    Fixes  length  of  term  of  members  of 

Legislature. 
Revenue  must  be  provided  for  term  of  two  years. 

Appropriations  must  be  made  for  two  years. 
Concerning  election  of  county  officers. 

New  section  added.    Prohibits  manufacture  and  sale  of 
intoxicating  liquors. 

Modifying  property  rights  of  aliens  and  citizens. 
Changes  composition  of  militia  by  striking  out  the  word 
"white." 

Increases  number  of  Supreme  Court  justices  to  seven. 

Concerning  township  and  general  election?. 

Relating  to  signing  of  bills. 
People  elect  the  state  printer. 

Legislat  rn  must  be  general  in  application. 

Reducing  liability  of  stockholders  to  face  value  of  share-s 

of  stock. 
Concerning  the  probate  court,  judge  pro  tern.,  etc. 

New  section  added  to  Article  5.     Establishes  universal 
suffrage  regardless  of  sex. 

New  sections  added  to  Article  4.    Provides  for  the  recall  of 
public  officers. 

Provides  for  permanent  income  for  state  educational  insti- 
tutions. 
Limit"  ri^ht  of  suffraae  to  citizens  of  United  States. 


NOTES  ON  TABLE  1. 

(o)  This  section  has  been  twice  amended.  For  second  amendment  see  No.  18  of  this 
table. 

(5)  This  is  a  new  section  added  to  article  2.  Its  adoption  was  made  necessary  by 
change  from  annual  to  biennial  sessions  of  legislature  at  No.  7,  as  also  were  the  amend- 
ments at  Nos.  9,  10  and  11  of  this  table. 

(c)  This  section  and  section  4  immediately  following  in  the  constitution  were  rendered 
nugatory  by  the  adoption  of  the  amendment  to  section  3,  article  4.  See  No.  16  of  this 
table. 

(d)  This  is  a  new  section  added  to  article  15. 

(c)    Submitted   and  rejected  twice:     1886    (No.   2   of  table   3),    and   1890    (No.   4  of 

table  3). 

(/)  Adopted  to  save  expense  and  to  secure  uniformity  and  less  frequency  of  elections. 
See  No.  11   of  this  table,  out  of  which  amendment  this  one  naturally  grew. 

(g)  This  section  has  been  twice  amended.  See  No.  5  of  this  table.  Under  the  original 
section  the  state  printing  was  done  under  contract;  under  No.  5,  by  a  state  printer  elected 
by  the  legislature,  and  under  this  amendment,  elected  by  the  people. 


(593) 


38 — 778 


594 


Appendix  A. 


(k)  New  section  added  to  article  5.  This  amendment  was  submitted  and  rejected  in 
1894.  See  No.  3  of  table  3  of  this  Appendix  "A,"  and  also  the  Fifteenth  Amendment  to 
the  Constitution  of  the  United  States. 

(i)    These  sections  3,  4,  and  5  are  new  sections  added  to  article  4. 

(;■)  Amendment  added  since  the  1915  compilation  of  the  statutes.  It  does  not  provide 
what  position  it  shall  occupy  in  the  constitution.  It  is  chapter  352,  Laws  of  1917,  adopted 
in   1918. 

(A-)  Grew  out  of  danger  and  abuse  arising  from  voting  by  aliens  who  had  simply  de- 
clared their  intentions  to  become  citizens  of  the  United  States.  It  is  chapter  353,  Laws  of 
1917,  adopted  in  1918. 

TABLE  2.— AMENDMENTS  PENDING.    DETERMINED  AT  1920  ELECTION. 


Year. 

No. 

Sec.  and  Ait. 

Chap.  L.  1919. 

Subject  Matter. 

1919 

1 
2 

3(0) 

11—15 
8—11 

1  and  2—11 

321 
331 

335 

State  aid  for  purchase  of  farm  homes. 
Excepts  roads  from  the  prohibition  against  internal  im- 
provements. 
Relates  to  classification  of  property  for  taxation. 

Note  on  Table  2. 
(a)  This  pending  amendment  was  rejected  in  1914.    See  No.  10  of  Table  3  of  this  "Appendix  A." 

TABLE  3.T-AMENDMENTS  RE.TECTED. 


Popular 

Vote. 

No. 

Sec.  and  Art. 
of  Const. 

Chapter 
of  Law. 

Subject  Matter. 

\ear. 

For. 

Against. 

1867 

1 

1—5 

Not  in. 

Striking  out  word  "white"  before  the 
word  "male." 

10,483 

19,421 

2 

1-5 

Not  in. 

Striking;  out  word  "male"  before  the 
word  "person." 

9,070 

19,857 

1880 

3 

1—11 

Ch.  164, 

Repealing  personal  property  exemption 

1879 

from  taxation. 

38,442 

140,020 

1886 

4(a) 

2  and  13—3 

H.  J.  R., 

Increasing   number   of   Supreme   Court 

No.  4.  1885 

justices  to  five. 

81,788 

132,535 

1890 

5(6) 

3  and  25—2 

H.  J.  R.. 

Increisine  compensation  to  members  of 

No.  5.  1  89 

Legislature. 

52,463 

140.041 

6(a) 

2  and  13—3 

H.J.  R.. 

Increasing   niunher  of  Supreme  Court 

No.  8,  1889 

j'lstices  to  seven. 

66,60' 

121.66 

1894 

7(c) 

None  stated. 

274  of  1803 

Making  »iiffraTe  universal  regardless  of  sex 

95,302 

130,139 

1902 

8(b) 

3—  2 

423  of  1901 

Increasing  compensation  to  members  of 
Ledsiatnre. 

92,090 

140,769 

1908 

9(6) 

3—2 

431  of  1907 

Increasing  compensation  to  members  of 
Leaishttire. 

104,554 

150,576 

10 

13—  3 

432  of  1907 

Disqiialifving  judses  from  holding  office. 

102,1.56 

135,745 

1910 

ll(fc) 

3—  2 

271  of  1909 

Increising  compensation  to  members  of 
Leiislfture. 

91.894 

181.970 

1914 

12() 

1  and  2—11 

335  of  1913 

Clissi'^cation  of  property  for  taxation. 

156,969 

166,800 

Notes  os  Table  3. 

(a)  This  amendment  differing  only  as  to  number  of  increase  was  twice  rejected  (Nos.  4  and  6  of  this  table), 
and  finallv  adopte    on  its  third  submission  in  1900.    See  No.  15  of  TaWe  1  of  this  appendix. 

(6)  This  proposition  has  been  defeated  four  times:  1890.  1902,  1908,  1910.  See  Nos.  5,  8,  9  and  11  of  this 
table  3. 

(c)  This  rejected  amendment  was  adopted  at  the  election  of  1912.    Pee  No.  22  of  Table  1  of  this  appendix. 

(( )  This  amendment  has  been  resubmitted  by  the  Legislature  of  1919;  is  now  pending,  and  will  be  deter- 
mined by  the  election  of  1920. 


T.ABLE  4(  ).— CONSTITUTIONAL  CONVENTION  PROPOSITIONS. 


Year. 

No. 

Resolution  or 
Chapter  Number. 

Subject  Matter. 

Popular  Vote. 

For. 

Agamst. 

1880 
1892 

1(6) 

2(r) 

Ch.  163  of  1879. 
S.  J.  R.  No.  1,  1891. 

To  call  convention  to  change  and  revise  the 
Constitution. 

To  call  convention  to  revise,  amend,  or  change 
the  Coi.yfiti  tion 

22,870 
118,441 

146,279 
118,951 

Notes  ov  "^able  4. 

(a)  These  two,  out  of  manv  reccmmendations  introduced  at  the  various  sessions  of  the  Legislature,  were 
defeated  bv  the  people  at  •"  e  elections  held  in  1.880  and  1892. 

(>>)  At  the  election  of  1880.  three  amendments  »  ere  siihn'itted:  the  prohibitory  liquor  amendment,  the  amend- 
ment concerning  the  removal  of  the  exemption  of  personal  property  from  taxation,  and  this  convention  proposal 
The  first  wae  adopted,  the  other  two  were  defeated. 

(r)    TJiia  was  the  only  constitutional  proposition  submitted  by  the  Legislature  of  1891. 


Amendments  and  Convention  Proposals. 


595 


TABLE  5.— ANfENr>MENT  PROPOSITIONS— POPULAR  VOTE. 


Popular  Vote. 

Year. 

No. 

Sec.  and 
Article. 

G.  S.  1915 
and  Laws. 

Subject  Matter. 

For. 

Against. 

1861 

1 

7—13 

248 

Banks  issue  SI  circulating  notes. 

3,733 

3,343 

1864 

2 

12—  2 

152 

Bills  originate  in  either  house. 

8,708 

626 

3 

3—  5 

197 

S  iffrage  assured  to  soldiers  and  sailors. 

10,756 

329 

1867 

4 
*5 

2—  5 
1—  5 

196 

Suffrage  denied  to  certain  classes. 
Suffrage    enlarged    by    striking    out 

16,860 

12,165 

"white." 

9,070 

19,857 

*6 

1—  5 

Suffrage    enlarged    by    striking    out 
"male." 

10,483 

19,421 

1868 

7 

4—15 

256 

Stite  printer  elected  by  the  Legislature. 

13,471 

5,415 

18.3 

8 

2—  2 

142 

Number  of  Senators  and  Representa- 
tives changed. 

32,244 

29,189 

1875 

9 

25-2 

165 

Establishes  biennial  sessions  of  Legis- 
lature. 

43,320 

15,478 

10 

29—  2 

169 

New  section  added.    Length  of  terms 
of  lejislators. 

42,7 '4 

15,509 

11 

3—11 

230 

Revenue  provided  for  term  of  two  years. 

43,052 

15,293 

1876 

12 

24—  2 

164 

.Appropriations  made  for  two  years. 

95,430 

1,768 

13 

3—9 

222 

1'^  ection  of  county  officers. 

93,1  8 

1,985 

1880 

tl4 

None. 

Ch.  163, 

Calls  convention  to  change  and  revise 

Laws  1879. 

Constitution. 

22,870 

146,279 

*15 

1—11 

C" .  164, 

Repeal   personal  property  exemption 

Laws  1879. 

from  taxation. 

3S,44-' 

140,020 

16 

10—15 

262 

New  section  added.     Prohibition  of 
liquor. 

92,302 

84,304 

1886 

*17 

2  and  13—3 

Increasing  number  of  supreme  justices 

to  five. 

81,788 

132,535 

1888 

18 

17— B.  of  R. 

121 

Modifying  property  rights  of  citirens 

■i'\i   aliens. 

220,419 

16,611 

19 

1—  8 

216 

Strikes  out  word  "white"  in  composi- 
tion of  militia. 

223,474 

22,251 

1890 

*20 

3  and  25—2 

Increasing  compensation  of  Legislature. 

95,302 

130,139 

•21 

2  and  13—3 

lucre  ising  number  of  Supreme  Justices 



to  seven. 

66,601 

121,636 

1892 

t22 

None. 

S.  J.  R.,  No.  1, 

Calls  convention  to  revise,  amend,  or 

Laws  1891. 

change  Constitution. 

118,491 

118,951 

1894 

*2'! 

Siffrage  universal,  regardless  of  sex. 

95,302 

130,139 

1900 

24 

2  and  13—3' ' 

171 

Increasing  number  of  Supreme  Justices 
to  seven. 

123,721 

35,474 

1902 

*25 

3—  2 

Increasing  compensation  of  Legislature. 

92,090 

140,768 

26 

2—4 

i9i 

Concerning     township     and     general 
elections. 

144,776 

78,190 

1904 

27 

14—  2 

154 

Relating  to  signing  of  bills. 

162,057 

60,148 

28 

4—15 

256 

St  )te  printer  elected  by  the  people. 

169,620 

52,363 

1906 

2. J 

17-  2 

157 

Legislitiun  must  be  general  in  appli- 
cation. 

110,021 

63.485 

an 

2—12 

237 

Reducing  liability  of  shareholders. 

110,266 

67,409 

31 

8—  3 

177 

Concerning  the  probate  court,  etc. 

107.974 

70,730 

1908 

*32 

3—  2 

Increasing  compensation  of  Legislature. 

104,554 

150,576 

*33 

13—  3 

Disqualifying    judges    from    holding 

office. 

102,1.56 

135,745 

1910 

*3J 

3—  2 

Increasing  compensation  of  Leiishture. 

91,894 

181,970 

19 12 

35 

8—  5 

202 

New    section    added    to    Article    5. 
Woman  suffrage. 

175,246 

159,197 

1914 

36 

3,  4  and  5—4 

192.  193,  194 

New  sections  added.    Concemins  re- 
call of  officers. 

240.240 

135,630 

'37 

1  and  2—11 

Clissification  of  property  for  taxation. 

156,969 

166.800 

1918 

38 

New   ection 

'Ch.352,    ■' 

Permanent  incon^e  tax  for  state  edu- 

added. 

Laws  of  1917. 

cational  institutions. 

234,858 

101,569 

39 

1—  5 

Ch.  353, 

Limit"  suffrage  to  citizens  of  United 

I-a"     of  1917. 

States' 

238,453 

91,619 

Notes  on  Table  5 

'Nos.  5,  6.  li,  15.  17.  20,  21.  it,  23,  25,  32,  33,  34,  and  37,  (14  in  all)  are  rejected  propositions. 
tNoB.  14  and  22  are  constitutional  co.vention  calls.    See  *  above. 


596  Appendix  A. 

GENERAL  NOTES  ON  APPENDIX  A. 

A  resume  of  the  tables  of  this  appendix  shows  that  in  58  years  (1861- 
1919)  42  propositions  "to  amend,  change,  or  revise"  the  constitution 
have  been  submitted  to  the  popular  vote,  with  the  following  result: 

25  have  been  adopted  (Table  1); 

3  are  now  pending  (Table  2) ; 
12  amendments  (Table  3)  and 

2  constitutional  convention  calls  (Table  4)  have  been  rejected. 

Of  the  Twenty-five  Adopted — 

2  (Nos.  5  and  8)  are  amendatory  of  the  same  subject  matter; 
5  (Nos.  12,  18,  22,  23 — 3  sections — and  24)  are  entirely  new  addi- 
tions to  the  original  constitution;  while 

1  (No.    16)    entirely   eliminates  sec.  2,   art.   4,   which  had  been 

amended  in  1876  (No.  11),  and 

2  (Nos.  15  and  22)  were  first  defeated,  the  former,  twice  (Nos.  2 

and  4  of  Table  3)  in  1886  and  1890,  respectively,  and  the 
latter,  once  (No.  5  of  Table  3)  in  1894. 

0/  the  Pending  Amendments — 

No.  3  is  the  second  submission  of  the  proposition.  The  first  (No.  10 
of  Table  3)  was  defeated  in  1914. 

Of  the  Rejected  Amendments — 

One  was  twice  defeated  (Nos.  2  and  4)  in  1886  and  1890,  respec- 
tively, and  adopted  on  the  third  trial  (No.  15  of  Table  1)  in  1900; 

One  (No.  5)  was  adopted  on  the  second  submission  in  1912  (No.  22 
of  Table  1); 

One  (No.  10)  is  again  pending  (No.  3  of  Table  2)  to  be  determined 
at  the  election  of  1920,  and 

Four  (Nos.  3,  6,  7  and  9)  are  the  same  proposal,  four  times  sub- 
mitted and  defeated  in  1890,  1902,  1908  and  1910,  respectively. 


APPENDIX  B. 


CONSTITUTION  OF  THE  STATE  OF  KANSAS. 

Adopted  at  Wyandotte,  July  29,  1859,  with  amendments  incorporated  and 

annotated  to  September  1,  1919.         « 


ART. 

Ordinance.    §§95-103. 
Preamble.  §  104. 
Bill  of  rights.   §§  105-124. 
J.  Executive.   §§125-140. 

2.  Legislative.   §§  141-169. 

3.  Judicial.   §§  170-189. 

4.  Elections.   §§  190-194. 

5.  Suffrage.    §§  195-202. 

6.  Education.  §§203-211. 

7.  Public  institutions.   §§  212-215. 

8.  Militia.  §§216-219. 


ART. 


9.  County  and  township  organiza- 
tion.  §§220-224. 

10.  Apportionment.   §§  225-227. 

11.  Finance  and  taxation. 

§§  228-235. 

12.  Corporations.   §§236-241. 

13.  Banks  and  currency.   §§242-250. 

14.  Amendments.   §§  251-252. 

15.  Miscellaneous.   §§253-262. 
Schedule.   §§263-287. 
Resolutions. 


Acceptance  of  Grant  from  Congress;  Ordinance;  Preamble. 


§1.  Sections  sixteeu  aud  thirty-six,   or  con- 
tiguous lands,  granted  for  schools. 

2.  Seventy-two    sections    for    state    univer- 

sity. 

3.  Thirtv-six    sections   for    erecting   public 

buildings. 

4.  Seventy-two   sections   for    erection   and 

maintenance     of     charitable     institu- 
tions. 


§5.  Salt    springs    and    mines    to    state    for 

public  improvement. 
6.  Five  per  cent  of   proceeds  from  public 

lands  to  fund  for  schools. 
T.  Five   hundred   thousand    acres   granted 

to  state  for  common  schools. 
8.   Lands  to   be  selected   as   prescribed  by 

law,   -with  approval  of  commissioner. 


Ordinance. 

Whereas,  The  government  of  the  United  States  is  the  proprietor  of  a 
large  portion  of  the  lands  included  in  the  limits  of  the  state  of  Kansas  as 
defined  by  this  constitution;  and, 

Whereas,  The  State  of  Kansas  will  possess  the  right  to  tax  said  lands  for 
purposes  of  government,  and  for  other  purposes:   now,  therefore, 

Be  it  ordained  by  the  people  of  Kansas: 

§  95.*  That  the  right  of  the  state  of  Kansas  to  tax  such  lands  is  re- 
linquished forever,  and  the  state  of  Kansas  will  not  interfere  with  the  title 
of  the  United  States  to  such  lands,  nor  with  any  regulation  of  congress  in 
relation  thereto,  nor  tax  nonresidents  higher  than  residents:  Provided 
always.  That  the  following  conditions  be  agreed  to  by  congress: 

§96.  School  Sections.  §1.  Sections  numbered  sixteen  and  thirty-sLx 
in  each  township  in  the  state,  inclucUng  Indian  reservations  and  trust  lands, 
shall  be  granted  to  the  state  for  the  exclusive  use  of  common  schools;  and 
when  either  of  said  sections,  or  any  part  thereof,  has  been  disposed  of, 
other  lands  of  equal  value,  as  nearly  contiguous  thereto  as  possible,  shall 
be  substituted  therefor. 

■*  Boldface  figures  are  the  running  section  numbers  of  the  General  Statutes  of  1915. 

(597) 


598 


Appendix  B. 


§  97.  University  Lands.  §  2.  That  seventy-two  sections  of  land  shall 
be  granted  to  the  state  for  the  erection  and  maintenance  of  a  state  uni- 
versity. 

§  98.  Lands  for  Public  Buildings.  §  3.  That  thirty-six  sections 
shall  be  granted  to  the  state  for  the  erection  of  pubUc  buildings. 

§  99.  Lands  for  Benevolent  Institutions.  §  4.  That  seventy-two 
sections  shall  be  granted  to  the  state  for  the  erection  and  maintenance  of 
charitable  and  benevolent  institutions. 

§  100.  Salt  Springs  and  Mines.  §  5.  That  all  salt  springs,  not  ex- 
ceeding twelve  in  number,  w4th  six  sections  of  land  adjacent  to  each,  to- 
gether with  all  mines,  with  the  lands  necessary  for  their  full  use,  shall  be 
granted  to  the  state  for  works  of  pubhc  improvement. 

§  101.  Proceeds  to  Schools.  §  6.  That  five  per  centum  of  the  pro- 
ceeds of  the  public  lands  in  Kansas,  disposed  of  after  the  admission  of  the 
state  into  the  union,  shall  be  paid  to  the  state  for  a  fund,  the  income  of 
which  shall  be  used  for  the  support  of  common  schools. 

§  102.  School  Lands.  §  7.  That  the  five  hundred  thousand  acres  of 
land  to  which  the  state  is  entitled  under  the  act  of  congress  entitled  "An 
act  to  appropriate  the  proceeds  of  the  sales  of  public  lands  and  grant 
preemption  rights,"  approved  September  4th,  1841,  shall  be  granted  to  the 
statfi  for  the  support  of  common  schools. 

§  103.  Selection  of  Lands.  §  8.  That  the  lands  hereinbefore  men- 
tioned shall  be  selected  in  such  manner  as  may  be  prescribed  by  law;  such 
selections  to  be  subject  to  the  approval  of  the  commissioner  of  the  general 
land  office  of  the  United  States. 

Preamble. 
§  104.  We,  the  people  of  Kansas,  grateful  to  Almighty  God  for  our  civil 
and  religious  privileges,  in  order  to  insure  the  full  enjoynaent  of  our  rights 
as  American  citizens,  do  ordain  and  establish  this  constitution  of  the  state  of 
Kansas,  with  the  following  boundaries,  to  wit:  Beainning  at  a  point  on  the 
western  boundary  of  the  state  of  Missouri,  where  the  thirty-seventh  parallel 
of  north  latitude  crosses  the  same;  thence  running  west  on  said  parallel  to 
the  twenty-fifth  meridian  of  longitude  west  from  Washington;  thence  north 
on  said  meridian  to  the  fortieth  parallel  of  north  latitude;  thence  east  on 
said  parallel  to  the  western  boundary  of  the  state  of  Missouri;  thenc« 
south  with  the  western  boundary  of  said  state  to  the  place  of  beginning. 


BILL  OF  RIGHTS. 


§1.  Equal   and   inalienable  rights. 

2.  Political   power,   inherent;    free   govern- 

ments: no  special  privileges  granted, 
except  by  legislature,  and  which  may 
be  revoked. 

3.  Right  of  people  .to  assemble,  to  petition 

government,   etc. 

4.  Right  of  people  to  bear  arms;  standing 

armies;  military  in  subordination  to 
civil  power. 

5.  Right  of  trial  by  jury  inviolate. 

6.  No    slavery;    or    involuntary    servitude, 

except  for  crimes. 

7.  Religious  liberty ;   no  religious  or  prop- 

erty tests;  no  witne.ss  incompetent 
because  of  religion. 

8.  Writ    of   habeas   corpus   not   to  be   sus- 

pended. 

9.  When    entitled   to   bail;    excessive  bail; 

cruel  or  unusual  punishment. 
10.   Rights  of  accused:   speedy  trial  by  im- 
partial jury;  twice  in  jeopardy. 


liberty  of  press; 


§11.  Freedom  of   speech; 
libel. 

12.  No  transportation,  corruption  of  blood 
or  forfeiture  of  estate. 

Treason  defined ;  evidence  necessary 
to   convict. 

Quartering  of  soldiers  in  houses. 

No  searches  and  seizures,  except 
proper   warrant   supported   by  oath. 

No  imprisonment  for  debt  except  for 
fraud. 

No  distinction  between  rights  of  citi- 
zens of  Kansas  and  other  states  as 
to  property ;  rights  of  aliens  regu- 
lated by  law. 

Remedy  by- due  course  of  law;  justice 
without   delay. 

No  hereditary  emoluments,  etc., 
granted   by   state. 

Rights  retained  by  people;  powers  not 
delegated  remain  with  people. 


13. 

14. 
15. 

16. 

17. 


18. 
19. 


20. 


Annotated  Constitution  of  Kansas.  "  599 

§  105.  Equal  Rights.  §  1.  All  men  are  possessed  of  equal  and  inalien- 
able natural  rights,  among  which  are  life,  hberty,  and  the  pursuit  of  hap- 
piness. 

Not  collection  of  generalities,  but  affirmation  of  sovereignty  of  people.     Atchison  Street  Rly. 

Co.  V.  Mo.  Pac.  Rly.  Co.,  31  K.  660. 
Legislature  may  grant  city  authority  to  permit  street  railways  therein.     Atchison  Street  Rly. 

Co.  V.  Mo.  Pac.  Rly.  Co.,  31  K.  660. 
Legislative  investigating  committee  not  given  power  to  imprison  for  contempt.     In  re  Davis, 

58  K.  .S68. 
Act  providing  attorney's  fee  in  certain  actions  against  railroads,  valid.     Railroad  Co.  v. 

Matthews,  58  K.  447. 
Ordinance   declaring  place  nuisance  where  persons  resort  to    "drink,"   valid.      Topeka   v. 

Ravnor,  61  K.  10. 
Not  violated  bv  act  requiring  water-supply  companies  to  file  statements.     Leavenworth  v. 

Water  Co., "62  K.  643. 
Act   creating   board    of   medical   registration   and   examination   held   valid.      The    State    v. 

"Wilcox.  64  K.  789. 
Declarins:  places  common  nuisances,  etc.,  where  intoxicating  liquor  sold,  valid.     The  State 

V.  McManus,  65  K.  720. 
Act  prohibiting  discharging  employee  because  member  of  labor  organization,  void.     Brick 

Co.  V.  Perry,  69  K.  297. 
Act  prescribing  rates  and  regulating  charges  of  public  stockyards,  valid.     Ratclifif  v.  Stock- 
yards Co.,  74  K.  1. 
Legislature  may  authorize  charter  board  to  regulate  establishment  of  banks.      Schaake  v. 

Dolley,  85  K.  598. 
Inheritance  tax  law  of  1909  does  not  violate  this  "section.     The   State,   ex  rel.,  v.  Cline, 

91  K.  416. 
Act  requiring  bathhouses  at  coal  mines  held  valid.     The  State  v.  Reaser,  93  K.  628. 
Employer  mav  contract  with  employee  concerning  membership  in  labor  organization.     Cop- 

paee  v.  Kansas,  236  U.  S.  23. 
Agency  created  bv  the  state  must  act  reasonably,  not  arbitrarily.     Drainage  Dist.  v.  Rly. 

Co.,  99  K.  189. 
Ch.  331,  Laws  1917   (regulating  use  of  tradin?  stamps)  valid.     State  v.  Wilson  101  K.  795. 
State   industrial  farm  for  women  provides  equal   protection   of   laws.      In   re   Dunkerton, 

104  K.  481. 

§106.  Political  Power;  Privileges.  §2.  All  political  power  is  m- 
herent  in  the  people,  and  all  free  governments  are  founded  on  their  au- 
thority, and  are  instituted  for  their  equal  protection  and  benefit.  No 
special  privileges  or  immunities  shall  ever  be  granted  by  the  legislature, 
which  may  not  be  altered,  revoked  or  repealed  by  the  same  body;  and  this 
power  shall  be  exercised  by  no  other  tribunal  or  agency. 

Not  violated  by   authorizing  cities  and   counties  to  aid  railroads.      The   State,    ex  rel.,   v. 

Nemaha  County,  7  K.  542. 
Cited,   case  holding  woman  eligible  to  office  of  county  superintendent.     Wright  v.   Noell, 

16  K.  601. 
Authority  mav  be  given  cities  to  permit  street  railways  therein.     Atchison  Street  Rly.  Co. 

V.  Mo.  Pac.  Rly.  Co.,  31  K.  660. 
Does  not  permit  citv  to  break  contract  with  water  company.     Water-works  Co.  v.  City  of 

Columbus,  48  K.  99. 
City   mav   not   grant   a   monopoly    for   ordinnn-   biisin^'ss   therein.      In    re   Lowe,    Petitioner, 

54  K.  757.      (This  case  overruled  by  O'Neal  v.  Harrison.  96  K.  339.  post.) 
"Ocrupying-claimant  act"  does  not  violate  this  section.     Deitzler  v.  Wilhite,  55  K.  200. 
Legislature    mav    alter    corporate    charter.      Cited    in    dissenting    opinion.      The    State    v. 

Ha-.n.  61  K.  146. 
Veterans'  preference  law  does  not  violate  this  section.     Goodrich  v.  Mitchell,  68  K.  765. 
Act  requiring  druggist  permit  to  sell  intoxicating  liquor,  held  valid.     The  State  v.  Durein, 

70  K.  13. 
Inheritance  tax  law  of  1909  does  not  violate  this  section.     Tlie   State,   ex   rel.,  v.   Cline. 

91  K.  416. 
State  cannot  relinquish  title  to  islands  to  individuals  without   compensation.     Winters  v. 

Meyers.  92  K.  414. 
Initiative  and  referendum  for  cities  of  first  class,  held  valid.     The  State,  ex  rel.,  v.  City  of 

Hutrb'nson,   93   K.   405. 
Not  violated  by  act  requiring  bathhouses  at  coal  mines.     The  Stat€  v.  Reaser,  93^  K.  628. 
City  may  grant  exclusive  right  for  removal  of  garbage.     O'Neal  v.   Harrison,  96  K.  339. 
State  auditor  may  not  question  legislative  power  to  grant  special  privilege.     Hicks  v.  Davis, 

97   K.  314. 
Public    grant    of   power   not   a   privilege   to    injure    public.      Drainage    Dist.    v.    Rly.    Co., 

99  K.  212. 
"Citv   manager  plan"   statute  does  not  delegate  legislative  powers.      State,   ex  rel.,  v.   City 

of  Wichita,   100  K.   401. 
Ch.  331,  Laws  1917.  regulating  use  of  trading  stamps  valid.     State  v.  Wilson,  101  K.  79o. 
Authorizing  miners  and  mine-owners  to  regulate  explosives'  use  not  a  delegation  of  legis- 
lative powers.     Richards  v.  Coal  Co.,  104   K.  332. 
Ch.  284,  Laws  1917   (forming  rural  high  schools),  not  a  delegation  of  such  power.     State, 

ex  rel.,  v.  Lamont,   105  K.  134. 


600  Appendix  B. 

§  107.  Petition,  etc.  §  3.  The  people  have  the  right  to  assemble,  in 
a  peaceable  manner,  to  consult  for  their  common  good,  to  instruct  their 
representatives,  and  to  petition  the  government,  or  any  department  thereof, 
for  the  redress  of  grievances. 

§108.  Bear  Arms;  Armies.  §4.  The  people  have  the  right  to  bear 
arms  for  their  defense  and  security;  but  standing  armies,  in  time  of  peace, 
are  danscerous  to  liberty,  and  shall  not  be  tolerated,  and  the  military  shall 
be  in  strict  subordination  to  the  civil  power. 

No  limitation  on  power   to  prohibit   promiscuous  carrying  of   arms.      Salina  v.   Blaksley, 
72  K.  230. 

§  109.    Trial  by  Jury.    §  5.    The  right  of  trial  by  jury  shall  be  inviolate. 

Verdict  of  jury  must  be  verdict  of  each  individual  juror.    Bowman  v.  Wheaton,  2  K.  A.  581. 
Suppradded  conditions  of  recognizance  not  cause  for  dismissal  on  appeal.     City  of  Kansas 

Citv  V.  Hescher,  4  K.  A.  782. 
Applied  only  to  cases  so  triable  at  common  law.     Kimball  et  al.  v.  Connor  et  al.,  3  K.  414. 
In  quo   warranto  defendant   is   "probably"   entitled  to  jury   trial.      The   State,   ex  rel.,   v. 

Allen,  5  K.  213. 
Municipal  court  try  without  jury  when  jury   obtainable  on   appeal.      City  of  Emporia  v. 

Volmer,   12  K.   622. 
In  action  for  recovery  of  money,  jury  may  be  demanded.     Board  of  Education  v.  Scoville, 

13   K.   17. 
Court  may  send  any  issues  in  equity  case  to  jury.     Hixon  v.  George,  18  K.  256. 
Provision  for  jury  not  vital  in  proceedings  to  correct  assessments.     Ross  v.  Commissioners 

of  Crawford  Co.,  16  K.  411. 
Duty  of  courts  to  enforce  rigid  observance  of  statutes.     The  State  v.  Snyder,  20  K.  306. 
.Tury  trial  not  matter  of  right  in  action  for  divorce.     Carpenter  v.  Carpenter,  30  K._  718. 
^Vhere    no    jury    in    first    instance,    right    on    appeal    inviolate.      In    re    Rolfs,    Petitioner, 

30  K.  761. 
Power  of  legislature  limited  by  provisions  of  bill  of  rights.     Atchison   Street  Rly.  Co.  v. 

Mo.  Pac.  Rly.  Co.,  31  K.  665. 
Not  entitled   to  jury   in   "proceedings  in   aid  of   execution."      In   re   Burrows,   Petitioner, 

33  K.  677. 
Not  entitled  to  trial  by  jury  for  violating  city  ordinance.     The  State,  ex  rel.,  v.   City  of 

Topeka,  36  K.  85.  . 

Jury    not    necessary    in    proceedings   to    annex    land    to    city.      Callen    v.    Junction    City, 

43  K.  629.         ■  . 

Appeal  to  court  with  jury,  must  be  without  unreasonable  restrictions.     In  re  Jahn,  Peti 

tioner.  55  K.  697. 
Twelve  jurors  necessary  in  trial  on  felony  charge.     The  State  v.  Simons,  61  K.  752. 
.Jury    not    guaranteed    in    proceedings    to    establish    boundary    lines.      Swarz    v.    Ramala. 

63  K.  636. 
Trial  in  police  court  without  jury  does  not  violate  section.     In  re  Effie  Kinsel,  64  K.  3. 
Declaring  places  common  nuisances  where  intoxicating  liquor  sold,  etc.,  valid.     The  State 

V.  McManus,  65  K.  722. 
•Tury  not  demandable  as  matter  of  right  in  quo  warranto.     Wheeler  v.  Caldwell,  68  K.  776. 
Right  to  jury  of  twelve  may  be  waived  in  misdemeanors.     The  State  v.  Wells,  69  K.  793. 
Not  entitled  to  jury  in  injunction  under  prohibitory  liquor  law.      Cowdrey  v.  The   State, 

71  K.  450. 
Cities    may    destrov    intoxicating    liquor    and    property    used    in    selling.      Stahl    v.    Lee, 

71  K.  519. 
-Tury  to  try  title  to  and  possession  of  real  estate.     Atkmson  v.  Crowe,  80  K.  163. 
In  partition,  jui"y  to  try  ownership  and  right  of  possession.     Gordon  v.  Munn,  83  K.  242. 
Section    not    violated    by    jury    of    four    in    lunacy    inquest.      The    State    v.    Linderholm, 

84  K.  603.  ■  ^  ,  ^ 

Vet    providing   for   charging   of   expenses   by    entomological    commission,    valid.      Balch   v. 

Glenn,  85  K.  739. 
Execution   (for  debt)  issues  against  body  of  person  convicted  of  fraud.     Tatlow  v.  Bacon, 

101   K.  30. 

§  110.  Slavery  Prohibited.  §  G.  There  shall  be  no  slavery  in  this 
state;  and  no  involuntary  servitude,  except  for  the  punishment  of  crime, 
whereof  the  party  shall  have  been  duly  convicted. 

Vet  requiring  work  on  roads  to  pay  poll  tax,  valid.     /?i  re  Dassler,  Petitioner,  35  K.  684. 
Does  not  prohibit  labor  on  streets  for  poll  taxes.     The  State,   ex  rel.,  v.  City  of  Topeka, 

Ordinance  permitting  employment  of  city  prisoners  on  streets  held  valid.     City  of  Topeka 
V.  Boutwell,  53  K.  30. 

§  111.  Religious  Liberty.  §  7.  The  right  to  worship  God  according 
to  the  dictates  of  conscience  shall  never  be  infringed;  nor  shall  any  person 
be  compelled  to  attend  or  support  any  form  of  worship;  nor  shall  any 
control  of  or  interference  with  the  rights  of  conscience  be  permitted,  nor 


Annotated  Constitution  of  Kansas.  601 

any  preference  be  given  by  law  to  any  religious  establishment,  or  mode  of 
worship.  No  religious  test  or  property  qualification  shall  be  required  for 
any  office  of  public  trust,  nor  for  any  vote  at  any  election;  nor  shall  any 
person  be  incompetent  to  testify  on  account  of  religious  belief. 

Disbelief  in   existence  of  God  does   not  render  witness   incompetent.      Dickinson  v.   Beal, 

10  K.  A.  233. 
Courts  will   not  interfere  with  worship  beyond  carrying  out  trust.      Feizel  v.  Trustees  of 

German  M.  E.  Society,  9  K.  595. 
Courts  mav  restrain  minority  from  perversion  of  church  property.      Hackney  v.  Vawter, 

39  K.  "630. 
Ordinance  requiring  authority  from  mayor  for  all  street  demonstrations,  void.     Anderson 

V.  City   of  Wellington,   40   K.   181. 
Repeating  Lord's  Praver  and  Twenty-third  Psalm  permitted  in  public  schools.     Billard  v. 

Board  of  Education,   69  K.  53. 
Provision   applies  only  to  offices  and  elections  contemplated  by  constitution.     The  State  v. 

Monahan,   72  K.  492. 

§  112.  Habeas  Corpus.  §  8.  The  right  to  the  writ  of  habeas  corpus 
shall  not  be  suspended,  unless  the  public  safety  requires  it  in  case  of  in- 
vasion or  rebellion. 

§  113.  Bail.  §  9.  All  persons  shall  be  bailable  by  sufficient  sureties 
except  for  capital  offenses  where  proof  is  evident  or  the  presumption  great. 
Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor  cruel 
or  unusual  punishment  inflicted. 

Confinement  five  to  twenty-one  vears  for  rape,  not  unconstitutional.     The  State  v.  White, 

44  K.  514. 
At  hard   labor   in  penitentiary,    not   cruel  or  unusual   punishment.      The   State  v.   White, 

44  K.  514. 
Fine  and  jail  sentence  held  not  cruel  or  unusual  punishment.     Batcliff  v.  Stock-yards  Co., 

74  K.  16. 
Confinement  when  unable  to  pay  fine  and  costs,  not  violative.     In  re  Ellii,  76  K.  370. 
Crime  committed  when  penalty  is  death,  amended  afterwards,  not  bailable.     In  re  Schneck, 

78   K.  210. 
Defendant  after  conviction  of  felony  is  entitled  to  bail.     In  re  Truskett,  84  K.  877. 
Bond   required   of   appealing   defendant   not  to   violate  law,   valid.      The    State  v.    Coletli, 

102  K.  525. 

§114.  Trial;  Defense  of  Accused.  §10.  In  all  prosecutions,  the 
accused  shall  be  allowed  to  appear  and  defend  in  person  or  by  counsel;  to 
demand  the  nature  and  cause  of  the  accusation  against  him;  to  meet 
the  witness  face  to  face,  and  to  have  compulsory  process  to  compel  the 
attendance  of  witnesses  in  his  behalf,  and  a  speedy  public  trial  by  an 
impartial  jury  of  the  county  or  district  in  which  the  offense  is  alleged  to 
have  been  committed.  No  person  shall  be  a  witness  against  himself,  or  be 
twice  put  in  jeopardy  for  the  same  offense. 

Second  trial   at  defendant's  request,  held  not  twice  in  jeopardv.     The   State  v.  McCord, 

8  K.  242. 

•luror    who    has    formed    any    opinion    is    not    impartial   juror.      The    State    v.    Medlicott, 

9  K.  279. 

Simple   impression   not   opinion   such   as   renders   juror   partiaL      The   State   v.   Medlicott, 

9  K.  279. 
Dissenting  opinion. — Any  opinion  formed  by  juror  disqualifies  him.     The  State  v.  Medlicott, 

9  K.  292. 
Nature  of  accusations  need  not  state  ■whether  principal  or  accessory.     The  State  v.  Cassa- 

day,  12  K.  555. 
Trial  for  contempt  by  judge  without  jury,  held  not  error.     The  State  v.  Cutler,  13  K.  134. 
Finding   of    "not    guilty"    by    court   precludes,  another   trial.      Citv    of    Olathe   v.    Adams, 

15  K.  391. 

•Turor  who  has  formed  opinion  is  not  an  impartial  juror.     The  State  v.  Brown,  15  K.  400. 
Trial  by  impartial  jury  of  county,  etc.,  may  be  waived.     The  State  v.  Potter,  16  K.  97. 
Mere    preliminary    examination    is    not   being    put    "in    jeopardy."      The    State    v.    Jones, 

16  K.  610. 

Defendant   has   right  to   demand   nature   and   cause   of   accusation.      The    State   v.   Behee, 

17  K.  404. 

Not  error   for  jury  to  inspect  premises  without   defendant   accompanying.      The   State   v. 

Adams,  20  K.  323. 
Trial  in  another  county  but  same  district  held  not  error.     The  State  v.  Ruth,  21  K.  589. 
Territory  attached  to  judicial  district  becomes  part  of  district.     In  re  Holcomb,  Petitioner, 

21  K.  636. 
Where   trial   terminated   by   unavoidable    casualtv,    defendant    not    "in    jeopardy."      In    re 

Scrafford,  Petitioner,  21  K.  746. 


602  Appendix  B. 

Defendant   has   right   to   delay   to   compel   attendance   of  witnesses.     The   State   v.   Roark, 

23   K.   152. 
Matters   growing  out   of  same   difficulty  may   constitute   two   offenses.      City   of   Olathe   v. 

Thomas,  26  K.  233. 
Names    of    persons   to   whom   liquor    sold    held    not    necessarj'.      The    State   v.    Schweiter, 

27   K.  508. 
Not  necessary  to  state  kind  or  class  of  liquor  sold.     The  State  v.  Stearns,  28  K.  156. 
Xot  error  to  retain  juror  truth  of  whose  opinion  conceded      The  State  v.  Wells,  28  K.  322. 
.Juror  incompetent  who  had  foi-med  opinion  founded  on  rumor  only.     The  State  v.  Miller. 

29  K.  47. 
Not  error  to  order  expert  examination  of  person  of  defendant.     A.  T.  &  S.  F.  Rid.  Co.  v. 

Thnl,   29   K.   474. 
State  niav  not  treat  trial  of  misdemeanor  as  mere  preliminary.     In  re  Donnelly,  retitioner. 

RO   K.    197. 
Entitled  to  jury  on  appeal  if  not  in  first  instance.     In  re  Rolfs,  Petitioner,  30  K.  760_. 
"Witness  compelled  to  testify  in  proceedings  in  aid  of  execution.     In  re  Burrows,  retitioner, 

.S3  K.  677. 
Error  to  convict  of  offense  not  contemplated  when  information  filed.     The  State  v.  Brooks, 

33  K.  713. 
Informntion  held  to  comply  with  letter  and  spirit  hereof.     The  State  v.  Whisner,  35  K.  276. 
"AH  prosecutions"  held  to  mean  for  violating  state  laws  only.     The  State,  ex  rel.,  v.  City 

of  Topeka,  36  K.  87.  o  tt-  ' 

Right    to    nrsument    of    counsel    cannot    be    denied    to    defendant.      The    State    v.    verry, 

36  K.  420. 
Convic-tinn    on    one    count   precludes   later   trial    as   to    others.      The    State    v.    McNaught, 

36  K.  637. 
Information,  larceny  prosecutions,  must  give  definite  description  of  property  stolen.     The 

Stnte  V.  Tilney,  38  K.  714. 
Entitled  to  discharge  on  habeas  corpus  when  trial  unnecessarily  delayed.     In  re  McMicken, 

Petitinver,  39   K.  408. 
Change  of  venue  to  be  to  county  designated  by  defendant.     The  Stnte  v.  Knapp,  40  K.  149. 
Not  error  to  overrule  motions  failing  to  point  out  defects.     The  State  v.   Keno,  41   K.   679. 
Juror  not   -mpartial  who  admits  impression  of  guilt   or   innocence.     The   State  v.   Beatty, 

45  K.   502. 
Inducing   witnesses   to   avoid   process,    accused    not    compelled    to    testify.      In   re    Nickell, 

Pelitinver.  47   K.   737. 
Plea  of  guilty  under  fear  of  mob  violence,  not  binding.     The  State  v.  Callioun,  50  K._  532. 
Change    of   venue    cannot    be    made   without    consent    of    accused.      Tlie    State    v.    Kindig. 

55  K.  117. 
Propertv  stolen,  removed  to  another  countv,  larceny  tried  either  place.     The  State  v.  Price. 

55   K.  608;  The  State  v.  Wade,   55   K.   693. 
Evidence   on    former   trial    not   read   without   consent   of   defendant.      The   State   v.    Folk, 

57   K.  257. 
Defendant's    consent    necessary    to    reading    of   deposition    taken    by    him.      The    State   v. 

Tomblin,   57   K.  843. 
Error  to  compel  defendants  to  plead  in  absence  of  counsel.     The  State  v.  ^loore,  61   K.  734. 
Defendant's  consent  to  eleven  jurors  in   felony   case,   not  binding.      The   State   v.   Simons. 

61    K.   754. 
•Jury  trial  does  not  extend  to  violation  of  city  ordinances.     In  re  Kinsel,  64  K.  3. 
Plea  of  "former  jeopardy"  not  good  where  former  jury  disagree.     The  Stale  v.  Alexander, 

66  K.  730. 
Evidence    given    by   witness   on    former   trial   may   be   introduced.      The    State   v.    Nelson, 

68  K.  566. 

Defendant  may  be  compelled  to  testify  where  immunity  granted  him.     The  State  v.  Jack. 

69  K.   391. 

Defendant    may    waive   right    to    jury    of   twelve    in   misdemeanor.      The    State    v.    Wells, 

69  K.  793. 

Witness   may    be   compelled   to   testify    where   immunity    granted   him.      In   re    John    Bell, 

Petitioner,  69  K.  855. 
Testimony    given    at    preliminary    introduced   on    trial   on   proper   showing.      The   State   v. 

Harm"on,    70   K.   477. 
Statements   made   by    defendants   out   of    court  may   be    admitted.      The   State   v.    Inman. 

70  K.  894.  .  __ 
Immunity    from    second   jeopardy,    personal   privilege,   which   defendant   may    waive.      ITie 

State  V.  White,  71   K.  360.  .      .  ™       q.  . 

Testimony  given  in  civil  case  not  admissible  over  defendant  s  objection.  Tlie  State  v. 
W'oods,   71   K.   658.  •  ^  m.      o»  » 

Defendant  not  denied  "speedy  trial"  pending  appeal  from  motion  by  state.  Ihe  btate  v. 
Campbell,  73  K.  695.  .  „,,      „.  . 

In  contempt  for  violating  injunction,  defendant  not  entitled  to  jury.  The  State  v.  Ihomas, 
74  K.  368.  _ 

When  jurv  discharged  on  "accident"  defendant  may  be  tried  again.  The  State  v.  Hans- 
ford,  76  K.  681.  .    •      v, 

Where  defendant  produced  revolver  through  intimidation  evidence  of  same  admissible. 
The  State  v.  Turner,  82  K.  794. 

Verdict  of  acquittal  cannot  be  set  aside  to  any  purpose.     The  State  v.  Lyon,  83  K.  168. 

Jury  having  tried  similar  case  with  same  witnesses  not  impartial.     The  State  v.  Hammon, 

84  K.   141. 

Purpose,    to   secure   jury    free    from  bias,    prejudice    or   interest.      The    State   v.    btewart, 

85  K.  404.  ,  ^  T  w      1 
Nonresident  father  punished  under  desertion  act  when  proper  facts  shown.     In  re  Jiowies, 

89  K.  433. 


Annotated  Constitution  of  Kansas.  603 

Defendant   in  bastardv  proceeding  not  entitled  to  jury.     The  State,   ex  rel.,   v.   Herbert, 

96  K.  490. 
Accused  waives  constitutional  guaranties  by  free  plea  of  guilty.     In  re  Mote,  98  K.  804. 
Ch.  179,  Laws  1913,   "white  slave  law,"  valid.     The  State  v.  Pleeman,  102  K.  677. 
Accused,    notified,    not    objecting   to   jury   visiting    scene    waives   guaranty.      The    State   v. 

Stratton,    103    K.  227. 
Testimony   taken   at    witness'   sick-bed   in  notified  accused's   absence,   valid.      The   State   v. 

Van  Wormer,  103  K.  322. 
Cross-examination    accused,    testifying    voluntarily,    on    statement    made    at    "inquisition," 

proper.     The  State  v.  Harris,   103  K.  349. 
Statute    disinheriting   spouse   killina:   consort-spouse   in    decedent's   estate   is    constitutional. 

Hamblin  v.  Marchant,  104  K.  693. 

§  115.  The  Press;  Libel.  §  11.  The  liberty  of  the  press  shall  be  in- 
violate; and  all  persons  may  freely  speak,  write  or  publish  their  sentiments 
on  all  subjects,  being  responsible  for  the  abuse  of  such  right;  and  in  all 
civil  or  criminal  actions  for  libel,  the  truth  may  be  given  in  evidence  to 
the  jury,  and  if  it  shall  appear  that  the  alleged  libelous  matter  was  pub- 
lished for  justifiable  ends,  the  accused  party  shall  be  acquitted. 

Law  applicable  to  civil  and  criminal  cases  distinguished  and  defined.     Castle  v.  Houston, 

19  K.  422. 
"Truth"  full  defense  to  civil  action  for  slander  or  libel.     Mundy  v.  Wright,  26  K.  176. 
All  evidence   admissible  tending  to  prove  truth  of   sta-tements  made.      The  State  v.   May- 

berrv,  33  K.  444. 
Defendant  need  prove  only  truth  and  publication  for  justifiable  ends.     The  State  v.  Verry, 

36  K.  421. 
Publication    concerning   attorney   not  privileged  by   connection   with   judicial   proceedings. 

The  State  v.  Wait,  44  K.  316. 
Publication  devoted  largely  to  scandals  and  immorality  may  be  prohibited.     In  re  Banks, 

Petitioner.  56  K.  243. 
Privileged   publication   and    "liberty  of  the  press"  discussed   at  length.      Coleman  v.  Mac- 

Lennan,  78  K.  711. 
Employer   not  compelled  to  state  cause  for  discharge  of  employee.     Railway   Company  v. 

Brown,  80  K.  315. 
Spoken  words  imputing  unchastity  actionable  without  proof  of  special  damages.     Cooper  v. 

Seaverns,  81  K.  271. 

§  116.  No  Person  Tr.\nsported,  etc.  §  12.  No  person  shall  be  trans- 
ported from  the  state  for  any  offense  committed  within  the  same,  and  no 
Qonviction  in  the  state  shall  work  a  corruption  of  blood  or  forfeiture  of 
estate. 

Not   violated  by  penalty   for  violation  of   intoxicating-liquor   law.      The    State   v.    Snyder. 

34  K.  426. 
Husband  inherits  from  deceased  wife  even  though  he  murdered  her.     McAllister  v.  Fab-, 

72  K.  533. 
Statute   disinheriting  spouse  killing   consort-spouse  does  not  work  a  forfeiture.      Hamblin 

V.  Marchant,  103  K.  508. 

§  117.  Treason.  §  13.  Treason  shall  consist  only  in  levying  war 
against  the  state,  adhering  to  its  enemies,  or  giving  them  aid  and  comfort. 
No  i)erson  shall  be  convicted  of  treason  unless  on  the  evidence  of  two  wit- 
nesses to  the  overt  act,  or  confession  in  open  court. 

§  118.  Soldiers.  §  14.  No  soldier  shall,  in  time  of  peace,  be  cjuartered 
in  any  house  without  the  consent  of  the  occupant,  nor  in  time  of  war,  except 
as  prescribed  by  law. 

§  119.  Search  and  Seizure.  §  15.  The  right  of  the  people  to  be  secure 
in  their  persons  and  property  against  unreasonable  searches  and  seizures, 
shall  be  inviolate;  and  no  warrant  shall  issue  but  on  probable  cause,  sup- 
ported by  oath  or  affirmation,  particularly  describing  the  place  to  be 
searched  and  the  persons  or  property  to  be  seized. 

Defective  verification  waived  by  recognizance  and  consent  to  continuance.     The   State  v. 

Hook,  4  K.  A.  454. 
Complaint   verified  on  hearsay  and  belief  insuflScient  to  authorize  warrant.      The  State  v. 

Gleason,  32  K.  249. 
Defendant  may,  by   conduct,  waive  objections  to  verification  of  complaint.      The  State  v. 

Blackman,  32  K.  617. 
Where  information,  properly  verified,  states  offense,  clerk  mav  issue  warrant.     The  State  v. 

Brooks,  33  K.  711. 
.Vrresf    for   misdemeanor   requires   warrant   unless   officer  sees   offense   committed.      In    re 

Kellam,  Petitioner,  55  K.  702. 


604^  Appendix  B. 

Warrant  may   issue  when  complaint  regular  in  form  and  verified.      The  State   v.   Carey, 

56  K.  86. 
Warrant  may  issue  only  upon  complaint  duly  sworn  to.     Topeka  v.  Raynor,  61  K.  12. 
Section  not  violated  in  compelling  banker  to  disclose  depositor's  account.     In  re  Davies, 

68  K.  795. 
When  complaint  properly  filed  and  verified  "John  Doe"  warrant  may  issue.     The  State  v. 

King.  71  K.  289. 
Giving   recognizance  without   objection  to  warrant   waives  objection   to  verificaiion.      The 

State  V.  Miller,  87  K.  455. 

§  120.  Imprisonment  for  Debt.  §  16.  No  person  shall  be  imprisoned 
for  debt,  except  in  cases  of  fraud. 

Act   authorizing   arrest   and    imprisonment   on   plaintiff's   affidavit   alone,    unconstitutional. 

Jn  re  Roberts,  Petitioner,  4  K.  A.  296. 
<,iarnishee   cannot    be    imprisoned   for   failure   to   pay    his   debt.      Board   of    Education    v. 

Scoville,  13  K.  33. 
Prosecuting   witness   in   misdemeanors,    certain   cases,    imprisoned   till   costs   paid.      In   re 

John  Ebenhack,  Petitioner,  17  K.  622. 
Bond  given  when  debtor  only  in  custody,  held  valid.     Doyle  v.  Boyle,  19  K.  172, 
Fraud  must  be  clearlv  shown  to  sustain  imprisonment  for  debt.     Tennent,  Walker  &  Co.  v. 

Weymouth  &  Golden,  25  K.  23. 
Affidavit  must  show  grounds  provided  for  arrest  or  proceedings  void.     Hauss  v.   Kohlar, 

25  K.  644. 
Bill  of   rights  not  mere  collection  of  glittering  generalities.      Atchison   Street   Rly.   Co.   t. 

Mo.  Pac.  Rly.  Co.,  31  K.  665. 
In  proceedings   in   aid  of  execution,   court  may  imprison  for  contempt.      In  re  Burrows, 

Petitioner,  33  K.  680. 
Imprisonment  under  bastardy  act  does  not  violate  this  section.     In  re  Wheeler,  Petitioner, 

34  K.  97. 
Imprisonment  for  failure  to  pay  costs,  not  imprisonment  for  debt.     In  re  Boyd,  Petitioner, 

34  K.  574. 

Imprisonment  for  failure  to  pay   road   tax   does   not   violate.      In   re   Dassler,   Petitioner, 

35  K.  678. 

Kxecution   against   person   of  judgment   debtor   not   forbidden   by    section.      In    re   Heath, 

Petitioner,  40  K.  337. 
Secti'^n  wou'd  not  compel  legislature  to  imprison  for  fraudulent  debt'.     The  State  v.  Weiss, 

84  K.  168. 
In    coiivic'ion    of    fraud,    imprisonment    of   person    may    be    decreed.      Tatlow    v.    Bacon, 

100  K.  29. 

§  121.  Property  Rights  of  Citizens  and  Aliens.  §  17.  No  distinc- 
lion  shall  ever  be  made  between  citizens  of  the  state  of  Kansas  and  the 
citizens  of  other  states  and  territories  of  the  United  States  in  reference  to 
the  purchase,  enjoyment  or  descent  of  property.  The  rights  of  aliens  in 
reference  to  the  purchase,  enjoyment  or  descent  of  property  may  be  regu- 
lated by  law. 

This  section  was  submitted  by  the  legislature  at  the  session  of  1887  (L.  1887,  sen- 
ate joint  resolution  No.  6),  and  was  adopted  by  the  people  at  the  election  held  in 
November,  1888.     Original  section  17  was  as  follows: 

"§  17.  No  distinction  shall  ever  be  made  between  citizens  and  aliens  in  reference 
to  the  purchase,  enjoyment  or  descent  of  property." 

.'Vttachment  against  nonresidents  without  undertaking  .does  not  violate  this  section.     Head 

v.  Daniels,  38  K.  10. 
Husband  conveying  lands  when  wife  nonresident,  wife  retains  no  interest.     Bufflngton  v. 

Grosvenor,  46  K.  733. 
Attachment    against    nonresident    executor    on    obligation    of    nonresident    not    violative. 

Manley  v.  Mayer,  68  K.  380. 
<'omnion-law    right   of    aliens    abrogated   by    original    section    17.      Madden    v.    The    State, 

68  K.  660. 
Under   original   section   statute   descents   and   distributions   applied   to   aliens.      Sparks   v. 

Bodensick,  72  K.  7. 
Secti"n  authorizes  legislature  to  regulate,  not  to  prohibit,  nlions  inheriting.     The  State  v. 

Ellis,  72  K.  290. 
Legislature   can    now   regulate   right   of    aliens   holding   real    estate.      Cramer   v.    McCann, 

83  K.  723. 
Amendment  of  this  section  without  statute  reinstated  the  common-law  rule.     Johnson  v. 

Olson,  92  K.  821. 

§  122.  Justice  Without  Delay.  §  18.  All  persons,  for  injuries  suf- 
fered in  person,  reputation  or  proi)erty,  shall  have  remedy  by  due  course  of 
law,  and  justice  administered  without  delay. 

"Due  process  of  law"  decisions  have  little  application  in  Kansas^    Gilchrist  v.  Schmidling, 

12  K.  271. 
Granting  attorney  fees  in  actions  for  killing  stock,  not  unconstitutional.     K.  P.  Rly.  Co.  v. 

Mower,  16  K.  582. 


Annotated  Constitution  of  Kansas. 


605 


Redress  for  all  injuries  suffered  provided  for  in  "civil  action."     A.  T.  &  S.  F.  Rid.  Co.  v. 

Rice,  36  K    599. 
Section   not  violated  by  ordinance  providing  extension  of  city  limits.     Callen  v.  Junction 

City,  43  K.  629. 
Cited   in  case  discussing  jurisdiction  writ  of  error  coram  nohw.     The  State  v.   Calhoun, 

50  K.  .532. 
"Occupying-claimant  act"  does  not  conflict  with  this  section.    Deitzler  v.  Wilhite,  55  K.  203. 
Legislative    investigating   committee   not   given   power   to    imprison    for   contempt.      In    v 

Davis,  58  K.  373. 
Attorneys*  fees  in  action  against  railroads  for  causing  fire,  constitutional.     Railroad  Co.  r. 

Matthews,  58  K.  450. 
Act  providing  for  condemnation  of  site  for  schoolhouse,  held  valid.     Buckwalter  v.  School 

District,  65  K.  606. 
"Remedv"  means  by  tribunal  having  jurisdiction ;  section  not  satisfied  otherwise.     Hanson 

V.  Krehbiel.  68  K.  672. 
Words  of  section  not  given  unlimited  signification  in  all  cases.     Cokma'n  v.  MacLennan, 

78  K.  722. 
Common-law   interpretation   not  strictly  applied  in   slander  by  spoken  words.      Cooper   ▼. 

Seaverns,  81  K.  284. 
Mere    irregularity    in    administering   law   does   not   deny   constitutional    right.      Griggs    v. 

Hanson,  86  K.  632. 
Workmen's  compensation  act  of  1911  does  not  violate  this  section.     Shade  v.  Cement  Co., 

93  K.  257,  258. 
Every  person  is  entitled  to  contract  relative  to  his  employees.      Coppage  v.  Kansas,   236 

U.  S.  23. 
Court  denying  divorce  may,  nevertheless,  divide  property  between  the  parties.     Putnam  ▼. 

Putnam,  104  K.  51. 

§  123.  Emoluments,  etc.  §  19.  No  hereditary  emoluments,  honors, 
or  privileges  shall  ever  be  granted  or  conferred  by  the  state. 

§  124.  Powers  Not  Delegated.  §  20.  This  enumeration  of  rights  shall 
not  be  construed  to  impair  or  deny  others  retained  by  the  people;  and  all 
powers  not  herein  delegated  remain  with  the  people. 

Legislative  power  not  given  to  courts.  Appeals  regulated  by  legislature.  Coleman  v. 
Newby,   7  K.   87. 

Legislative  power  includes  power  to  authorize  municipal  aid  to  railroads.  Leavenworth 
County  V.  Miller,  7  K.  490. 

Consent  of  leeislature  to  alienation  of  public  grounds  is  binding.  Comm'rs  of  Franklin 
Co.  V.  Lathrop,  9  K.  463. 

Powers  of  people  limited  only  by  absolute  justice  a-nd  constitution.  Wright  v.  Noell,  16 
K.  603. 

Bill  of  riehts  not  a  mere  collection  of  glittering  generalities.  Atchison  Street  Rly.  Co.  r. 
Mo.  Pac.  Rly.  Co.,  31  K.  665. 

Legislative  powers  are  limited  only  by  state  and  federal  constitutions.  Ra^diff  v.  Stock- 
yards Co.,  74  K.  6. 


ARTICLE  1.— Executive. 


GOVKRNOR. 


§1.  Executive  department;    elected   for  two 
years;   term,  when  to  begin. 

2.  Elections,  how  returned ;  state  canvass- 

ers; case  of  equal  vote. 

3.  Supreme    executive    powers    vested    in 

governor. 

4.  May  require  information  in  writing. 

5.  Convene    legislature    on    extraordinary 

occasions;       messages;       recommend 
measures. 

6.  May    adjourn    both    houses    in    certain 

cases. 

7.  Pardoning  power. 

8.  State  seal   to  be  kept  by  governor. 

9.  Commissions,  issued,  sisned  and  sealed. 
10.  Certain  officers  not  eligible  as  governor. 


jH.  In  case  of  vacancy,  lieutenant  gover- 
nor to  act  residue  of  term. 

LIEUTENANT    GOVERNOR. 

12.  Lieutenant      governor      president      of 

senate;    shall   vote  when;   president 
pro  tempore. 

13.  Case  of  vacancy  in  office  of  lieutenant 

governor    or    when    acting    as    gov- 
ernor. 


MISCELLANEOUS. 

14.  Vacancies  in  other  offices  of  executive 
department. 

15.  Pay  of  officers  of  executive  depart- 
ment ;  neither  increased  nor  di- 
minished during  term. 

16.  Officers  to  report  to  governor  befora 
each  session  of  legislature. 

§  125.  Executive  Department.  §  1.  The  executive  department  shall 
consist  of  a  governor,  lieutenant  governor,  secretary  of  state,  auditor,  treas- 
urer, attorney-general,  and  superintendent  of  public  instruction;  who  shall 
be  chosen  by  the  electors  of  the  state  at  the  time  and  place  of  voting  for 
members  of  the  legislature,  and  shall  hold  their  offices  for  the  term  of  two 
years  from  the  second  Monday  in  January  next  after  their  election,  and 
until  their  successors  are  elected  and  qualified. 


606  Appendix  B. 

"Members  of  legislature"  includes  members  of  both  branches  of  legislature.  The  State, 
ex  rel.,  v.  Robinson,  1  K.  17. 

Legislative  department  of  government  separate  and  distinct  from  other  departments.  Cole- 
man V.  Newby,  7  K.  87. 

When  other  adequate  remedy,  attorney-general  cannot  enjoin  tax  collection.  The  State  v. 
McLaughlin,  15  K.  232. 

Legislature  not  forbidden  to  confer  power  on  attorney-general  and  assistants.  In  re  Gil- 
son,  Petitioner,  34  K.  643. 

Performance  of  purely  ministerial  duties  of  governor  controlled  by  mandamus.  Martin, 
Governor,  v.  Ingham,  38  K    645. 

Legislative,  judicial  and  administrative  functions  cannot  be  commingled  and  interwoven. 
The  State  v.  Johnson.  61  K.  811. 

This  section  cited  in  construins;  section  12,  article  3.     The  State  v.  Andrews,   64  K.  495. 

Dissenting  opinion. — State  government  not  modeled  on  cabinet  system.  The  State,  ex  rel., 
v.   Dnwson,  86  K.   192. 

Duties  of  auditor  because  undefined  are  those  of  common  law.     Hicks  v.  Davis,  100  K.  5. 

§126.  Election;  Canvass;  Tie.  §2.  Until  otherwise  provided  by- 
law, an  abstract  of  the  returns  of  every  election,  for  the  officers  named  in 
the  foregoing  section,  shall  be  sealed  up  and  transmitted  by  the  clerks  of 
the  boards  of  canvassers  of  the  several  counties,  to  the  secretary  of  state, 
who,  with  the  lieutenant  governor  and  attorney-general,  shall  constitute  a 
board  of  state  canvassers,  whose  duty  it  shall  be  to  meet  at  the  state  capital 
on  the  second  Tuesday  of  December  succeeding  each  election  for  state  offi- 
cers, and  canvass  the  vote  for  such  officers  and  proclaim  the  result ;  but  in 
ca.se  any  two  or  more  have  an  equal  and  the  highest  number  of  votes,  the 
legislature  shall  by  joint  ballot  choose  one  of  said  persons  so  having  an 
equal  and  the  highest  number  of  votes  for  said  office. 

Phrase,  "the  legislature  shall  by  a'  joint  ballot,"  defined.  Prouty  v.  Stover,  Lieut.  Governor, 
11  K.  257. 

§  127.  Governor.  §  3.  The  supreme  executive  power  of  the  state  shall 
be  vested  in  a  governor,  who  shall  see  that  the  laws  are  faithfully  executed. 

Legislative,  executive  and  judicial  departments  of  government  separate  and  distinct.  Cole- 
man V.  Newby,  7  K.  87. 

Performance  of  purely  ministerial  duties  of  governor  controlled  by  mandamus.  Martin, 
Governor,  v.  Ingham,  38  K.  645. 

Govern'T  require  examinition  of  witnesses  by  attorney-general  under  prohibitory  law. 
The  State,  ex  rel.,  v.  Dawson,  86  K.  187. 

§  128.  Require  Tneoriniation.  §  4.  He  mav  require  information  in 
writing  from  the  officers  of  the  executive  department,  upon  any  subject  re- 
lating to  their  respective  duties. 

Governor  require  examination  of  witnesses  by  attorney-general  under  prohibitory  law.  The 
State,  ex  rel.,  v.  Dawson,  86  K.  187. 

§129.  Convene  Lecislatttre  ;  Message.  ?  5.  He  may,  on  extraordi- 
nary occasions,  convene  the  legislature  by  proclamation,  and  shall,  at  the 
commencement  of  every  session,  communicate  in  writing  such  information 
as  he  may  possess  in  reference  to  the  condition  of  the  state,  and  recom- 
mend such  measures  as  he  may  deem  expedient. 

Dissenting  opinion. — Governor  must  necessarily  decide  which  body  constitutes  house.     In  re 

Gunn,  Petitioner.  50  K.  2.'")0. 
Legis'ation  demanded   respecting  freight  rates,  authorized  governor  to  convene  legislature. 

Farrelly  v.  Cole,  60  K.  362. 

§  130.  Ad.tottrn  Legislatttre.  §  6.  Tn  case  of  disasreement  between 
the  two  houses  in  respect  to  the  time  of  adjournment,  he  mav  ad'ourn  the 
lesrislature  to  such  time  as  he  may  think  proper,  not  beyond  its  regular 
meeting. 

Dissenting  opinion. — Governor  must  determine  which  body  constitutes  house.  In  re  Gunn, 
50  K.  250. 

§131.  Pardons.  §7.  The  pardoninc  power  shall  be  vested  in  the 
governor,  under  regulations  and  restrictions  prescribed  by  law. 

Not  violated  by  "parole  law"  conferring  power  on  district  court.  Mikesell  v.  Wilson 
County,  82  K.  504. 


Annotated  Constitution  of  Kansas.  607 

§  132.  Seal.  §  8.  There  shall  be  a  seal  of  the  state,  which  shall  be 
kept  by  the  governor,  and  used  by  him  officially;  and  which  shall  be  the 
great  seal  of  Kansas. 

§  133.  Commissions.  §  9.  All  commissions  shall  be  issued  in  the  name 
of  the  state  of  Kansas,  signed  by  the  governor,  countersigned  by  the  secre- 
tary of  state,  and  sealed  with  the  great  seal. 

§  134.  Who  Ineligible.  §  10.  No  member  of  congress,  or  officer  of 
the  state,  or  of  the  United  States,  shall  hold  the  office  of  governor,  except  as 
herein  provided. 

Acceptance  of  specified  offices  vacates  oflSce  of  governor.    The  State,  ex  rel.,  v.  Cobb,  2  K.  57. 

§135.  Vacancy.  §11.  In  case  of  the  death,  impeachment,  resigna- 
tion, removal  or  other  disability  of  the  governor,  the  power  and  duties  of 
the  office  for  the  residue  of  the  term,  or  until  the  disabifity  shall  be  re- 
moved, shall  devolve  upon  the  president  of  the  senate. 

§  136.  Lieutenant  Governor.  §  12.  The  lieutenant  governor  shall 
be  president  of  the  Senate,  and  shall  vote  only  when  the  senate  is  equally 
divided.  The  senate  shall  choose  a  president  pro  tempore,  to  preside  in  case 
of  his  absence  or  impeachment,  or  when  he  shall  hold  the  office  of  governor. 

Bill  not   necessarily  signed  by  presiding  officer  to  beconae  law.     Comm'rs  of  Leavenworth 
Co.  V.  Higginbotham,  17  K.  75. 

§  137.  Vacancy.  §  13.  If  the  lieutenant  governor,  while  holding  the 
office  of  governor,  shall  be  impeached  or  displaced,  or  shall  resign  or  die,  or 
otherwi.=!e  become  incapable  of  performing  the  duties  of  the  office,  the 
president  of  the  senate  shall  act  as  governor  until  the  vacancy  is  filled,  or 
the  disability  removed;  and  if  the  president  of  the  senate,  for  any  of  the 
above  causes,  shall  be  rendered  incapable  of  performing  the  duties  pertain- 
ing to  the  office  of  governor,  the  same  shall  devolve  upon  the  speaker  of 
the  house  of  representatives. 

§  138.  Other  Vacancies.  §  14.  Should  either  the  secretary  of  state, 
auditor,  treasurer,  attorney-general,  or  superintendent  of  public  instruction, 
become  incapable  of  performing  the  duties  of  his  office  for  any  of  the  causes 
specified  in  the  thirteenth  section  of  this  article,  the  governor  shall  fill  the 
vacancy  until  the  disability  is  removed,  or  a  successor  is  elected  and  quali- 
fied. Every  such  vacancy  shall  be  filled  by  election,  at  the  first  seneral 
election  that  occurs  more  than  thirty  days  after  it  shall  have  happened; 
and  the  person  chosen  shall  hold  the  office  for  the  unexpired  term. 

§139.  Compensation.  §15.  The  officers  mentioned  in  this  artif^le" 
shall,  at  stated  times,  receive  for  their  services  a  compensation  to  be  estab- 
lished by  law,  whii^h  shall  neither  be  increased  nor  diminished  during  the 
period  for  which  they  shall  have  been  elected. 

Section    discussed    in    case    concerning    appropriation    for   maintaining   executive    residence. 

Bailey  v.  Kelly,  70  K.  874. 
Section  applipd  to  fees  allowed  auditor  of  state.     Nation  v.  Tulley,  86  K.  568. 
Statute  providing  for  fees  to  attorney-general  under  prohibitory  law,  valid.     The  State  v. 

Bland,  91  K.  166. 

§  140.  Officers  to  Report.  §  16.  The  officers  of  the  executive  de- 
partment, and  of  all  public  state  institutions,  shall,  at  least  ten  days  pre- 
ceding each  regular  session  of  the  lesislature,  severally  report  to  the  gov- 
ernor, who  shall  transmit  such  reports  to  the  legislature. 

Governor  mav  require  attornev-seneril  to  examine  witnesses  under  prohibitory  law.     The 
State,  ex  'rel.,  v.  Dawson,  86  K.  187.  , 


608 


Appendix  B. 


ARTICLE  2.— Legislative. 


§1.  Legislative  power,  how  vested. 

2.  House  of  representatives;  senate;  num- 

ber limited;   basis  of  representation. 

3.  Pay  of  members;   mileage;   limit. 

4.  Qualification  of  members. 

5.  Members  of  congress,  etc.,  not  eligible ; 
acceptance  to  vacate  seat. 

Embezzlement     or     misuse     of     public 

funds,    to  forfeit   seat. 
Oath  of  office  of  state  officers. 
Quorum ;    rules ;    judges   of    election    of 
members. 
9.  Vacancies  in  either  house. 

10.  Journals;     yeas     and     nays;     adjourn- 
•      ment. 

11.  Right   of   protest;    to   be    entered   upon 

journals. 

12.  Origin   of   bills;    amendments. 

13.  Majority     elected     necessary     to     pass 

bills. 

14.  To  be  signed  by  governor ;  veto  power. 

15.  To    be    read    on    three    separate    days; 

when  this  rule  may  be  suspended. 

16.  Bills     to     embrace     but     one     subject; 

laws,  how  revived  or  amended. 


6. 

7. 
8. 


§17.  General  laws  to  be  uniform  in  op^a- 
tion;   special  laws. 

18.  No    divorces    to    be    granted   by   legis- 

lature. 

19.  Publication    of    laws;    power    to    pro- 

vide for  officers;  vacancies. 

20.  Enacting    clause;    no    law    except    by 

bill. 

21.  Local  legislation  may  be  allowed. 

22.  Freedom  of  debate;  privilege  of  mem- 

bers. 

23.  Schools ;   no  distinction  between  sexes 

as  to  rights. 

24.  Money  to  be  drawn  from  treasury  by 

law ;    appropriations   limited   to  two 
years. 

25.  Sessions   held   at   state   capital;    when 

to   commence. 

26.  Census    once    in    ten    years — in    1865 

and   after. 

27.  Impeachments;   to  be  tried  by  senate. 

28.  Officers    liable    to    impeachment;    limit 

of  judgment ;    further   trial. 

29.  General    election    in    1876;    thereafter 

elect    members    of    house    for    two 
years,  senate  four  years. 


§  141.    Legislative  Power.     §  1.     The  legislative  power  of  this  state 
shall  be  vested  in  a  house  of  representatives  and  senate. 

Corporations  rightful  subject  of  legislation;   grant  includes  right  to  create.     The   City  of 

Atchison  v.   Bartholow,  4  K.  142. 
Legislative,  executive  and  judicial  powers  of  government,  separate  and  distinct.     Coleman 

V.  Newby,  7  K.  87. 
Legislature  no  inherent  power,  but  i)eople  may  delegate  any  power.     Leavenworth  County 

V.  Miller,  7  K.  489. 
Legislative   power   delegated    included   power   to   pass   mill-dam    act.      Harding   v.   Punk, 

8  K.  323. 
Delegation  of  limited  legislative  power  to   county  commissioners,   uot  prohibited.      Noffzig- 

ger  V.  McAllister,  12  K.  320. 
WTiole   power  of  organizing   new   counties   belongs  to  legislature.      The   State,    ex   rel.,   v. 

Comm'rs  of  Pawnee  Co.,   12  K.  438. 
Legislature    may    authorize    county    commissioners    to    remove    treasurer    for    cause.      The 

State,  ex  rel.,  v.  Majors,  16  K.  444. 
Legislature  not  prohibited  by  the  constitution  from  enacting  retrospective  laws.      Comm'rs 

of  Sedgwick  Co.  v.  Bunker,  16  K.  504. 
Powers  exercised  by  court  in  extending  city  limits  are  judicial.     Callen  v.  Junction  City, 

43  K.  630. 
Dissenting  opinion. — Section  cited  showing  legislative  branch  separate  from  others.     In  re 

Gunn,  Petitioner,  50  K.  219. 
Legislative  power  delegated  only  to  some  tribunal  transacting  county  business.     Comm'rs 

of  Wyandotte  Co.  v.  Abbott,  52  K.   160. 
Legislative,   executive   and   judicial  powers   cannot  be   commingled   and   interwoven.      The 

State  V.  Johnson,  61  K.  812. 
Retrospective  law  legalizing  warrants,    encroachment   of  legislative  upon  judicial  powers. 

Felix  V.  Wallace  County,  62  K.  832. 
Powers   exercised   by   court   in    extending   city  limits   are  judicial.      Eskridge  v.   Emporia. 

63  K.  369. 
In  readjusting  official  terms  legislature  may  create  an  exceptional  term.     Wilson  v.  Clark, 

63  K.  510. 

Legislature  in  certain  cases  may  create  exceptional  terms  of  office.     The  State  v.  Andrews, 

64  K.  497.     . 

Change  of  corporate  limits  by  petition  before  district  court,  unconstitutional.     Hutchinson 

V.  Leimbach,  68  K.  43. 
Legislative  power  is  limited  only  by  state  or  federal  constitution.     Ratcliflf  v.  Stock  yards 

Co.,  74  K.  16. 
Authority  for   establishing   municipal   courts   is  derived   from  this   section.      The   State  v. 

Keener,  78  K.  651. 
Commind  in  constitution  does  not  add  to  power  of  legislature.      The  State  v.  Lawrence, 

79  K.  279. 
This  section    not  violated  by  the   initiative   and  referendum  law.     The   State,   ex  rel.,  v. 

City  of  Hutchinson,  93  K.  408. 
Legislature  had   authority   to   enact  bank  guaranty  law.      Assaria   State  Bank   v.   DoUey, 

219  D.  S.  121. 
"City  manager  plan  act"  not  delegation  of  legislative  power.     The  State,  ex  rel.,  v.  City  of 

Wichita.  100  K.  401. 


Annotated  Constitution  of  Kansas.  609 

Legislative  grant  regulating  use  of  explosives  not  delegation  of  power.     Richards  v.  Coal 

Co.,  104  K.  332. 
Oh.  284,  Laws  1917   (formation  rural  high  schools)   not  delegation  of  power.     The  State, 

ex  rel.,  v.  Lamont,  105  K.  134. 

§142.  Senators  and  Representatives;  Number.  §2.  The  number 
of  representatives  and  senators  shall  be  regulated  by  law,  but  shall  never 
exceed  one  hundred  and  twenty-five  representatives  and  forty  senators. 
From  and  after  the  adoption  of  the  amendment  the  house  of  representa- 
tives shall  admit  one  member  for  each  county  in  which  at  least  two  hun- 
dred and  fifty  legal  votes  were  cast  at  the  next  preceding  general  election; 
and  each  organized  county  in  which  less  than  two  hundred  legal  votes 
were  cast  at  the  next  preceding  general  election  shall  be  attached  to  and 
constitute  a  part  of  the  representative  district  of  the  county  lying  next 
adjacent  to  it  on  the  east. 

This  section  was  submitted  by  the  legislature  at  the  session  of  1873  (Laws  1873, 
ch.  134),  and  was  adopted  by  the  people  at  the  general  election  held  November  4,  1873. 
Original  section  2  was  as  follows: 

"§  2.  The  tirst  house  of  representatives  under  this  constitution  shall  consist  of 
seventy-five  members,  who  shall  be  chosen  for  one  year.  The  first  senate  shall  consist 
of  twenty-five  members,  who  shall  be  chosen  for  two  years.  After  the  first  election, 
the  number  of  senators  and  members  of  the  house  of  representatives  shall  be  regulated 
by  law;  but  shall  never  exceed  one  hundred  representatives  and  thirty-three  senators." 

Legislature,  sole  right  to  judge  elections  and  qualifications  of  members.     The  State,  ex  rel., 
▼.  Tomlinson,  20  K.  704. 

Votes  of  members  in  excess  of  125  cannot  be  counted.    The  State,  ex  rel.,  v.  Francis,  Treas., 
26  K.  737. 

§  143.  Compensation  of  Members.  §  3.  The  members  of  the  legis- 
lature shall  receive  as  compensation  for  their  serAdces  the  sum  of  three 
dollars  for  each  day's  actual  service  at  any  regular  or  special  session,  and 
fifteen  cents  for  each  mile  traveled  by  the  usual  route  in  going  to  and  re- 
turning from  the  place  of  meeting;  but  such  compensation  shall  not  in  the 
aggregate  exceed  the  sum  of  two  hundred  and  forty  dollars  for  each  mem- 
ber as  per  diem  allowance  for  the  first  session  held  under  this  constitution, 
nor  more  than  one  hundred  and  fifty  dollars  for  each  session  thereafter,  nor 
more  than  ninety  dollars  for  any  special  session. 

§  144.  Qualifications.  §  4.  No  person  shall  be  a  member  of  the  legis- 
lature who  is  not  at  the  time  of  his  election  a  qualified  voter  of,  and  a 
resident  in,  the  county  or  district  for  which  he  is  elected. 

§  145.  Who  Not  Eligible.  §  5.  No  member  of  congress  or  officer  of 
the  United  States  shall  be  eligible  to  a  seat  in  the  legislature.  If  any  per- 
son, after  his  election  to  the  legislature,  be  elected  to  congress  or  elected  or 
appointed  to  any  office  under  the  United  States,  his  acceptance  thereof 
shall  vacate  his  seat. 

Purpose  is  to  create  vacancy  upon  acceptance  of  specified  offices.     The  State,   ex  rel.,   v. 

Cobb,  2  K.  57. 
Dissenting  opinion. — Disability  refers  to  time  the  person  chosen.     In  re  Gunn,  Petitioner, 

50  K.  268. 

§  146.  Same.  §  6.  No  person  convicted  of  embezzlement  or  misuse  of 
the  public  funds  shall  have  a  seat  in  the  legislature. 

§  147.  Officers  to  Take  Oath.  §  7.  All  state  officers  before  entering 
upon  their  respective  duties  shall  take  and  subscribe  an  oath  or  affirmation 
to  support  the  constitution  of  the  United  States  and  the  constitution  of 
this  state,  and  faithfully  to  discharge  the  duties  of  their  respective  offices. 

§148.  Quorum;  Rules.  §8.  A  majority  of  each  house  shall  consti- 
tute a  quorum.  Each  house  shall  establish  its  own  rules;  and  shall  be 
judge  of  the  elections,  returns  and  qualifications  of  its  own  members. 

Legislature   itself  may  provide  more  than   majority   for   certain   acts.      Prouty   v.    Stover. 
Lieut.  Governor,  11  K.  255. 

39 — 778 


610  Appendix  B. 

Legislature   cannot   delegate  power    to   judge   qualifications    of    its   members.      The   State, 

ex  rel.,  v.  Gilmore.   20  K.  554. 
Legislature,  sole  right  to  judge  elections  and  qualifications  of  members.     The  State,  ex  rel., 

V.  Tomlinson,  20  K.  703. 
Dissenting    opinion. — Origin    of    clause   relative   to    qualifications    commented    on.      In    re 

Gucn,  Petitioner,  50  K.  218. 

§  149.  Vacancies.  §  9.  All  vacancies  occurring  in  either  house  shall 
be  filled  for  the  unexpired  term  by  election. 

§150.  Journal;  Yeas  and  Nays;  Adjournment.  §10.  Each  house 
shall  keep  and  publish  a  journal  of  its  proceedings.  The  yeas  and  nays 
shall  be  taken  and  entered  immediately  on  the  journal,  upon  the  final  pas- 
sage of  every  bill  or  joint  resolution.  Neither  house,  without  the  consent 
of  the  other,  shall  adjourn  for  more  than  two  days,  Sundays  excepted. 

Legislature  may  authorize  senate  to  adjourn  legally  to  later  period.      The  State,  ex  rel.,  v. 

Hillyer,   2   K.   29. 
House  adopted  amendment,  no  record  of  yeas  and  nays,  valid.    Hayes  v.  Heller,  12  K.  ,^92. 
Procedure  relative  to  yeas  and  nays  discussed  at  length.     Division  of  County  of  Howard, 

15  K.  194. 
Laws  to  be  sustained  unless  clear  showing  of  invalidity  made.     Comm'rs  of  Leavenworth 

County  V.  Higginbotham,   17  K.  62. 
Dissenting   opinion. — Court,    determining   validity,    must    go   behind    enrolled   bUl.      In    re 

Gunn.  Petitioner,  50  K.  257. 
Enrolled   statute   imports   absolute  verity  unless  journals   clearly   show   irregularity.      The 

Slfite  V.   Andrews,  64  K.  474. 
Law   sustained   unless   clear   affirmative   showing  of    invalidity  by  journals.      Stephens   t 

Labette  Co.,  79  K.  159. 
Ch.    346,    Laws    1917,    "Gage's   Lincoln   statue"    resolution   meets   requirements   of    a   bill 

The  State,  ex  rel,  v.  Knapp,  102  K.  705. 

§  151.  Protest.  §  11.  Any  member  of  either  house  shall  have  the 
right  to  protest  against  any  act  or  resolution ;  and  such  protest  shall,  with- 
out delay  or  alteration,  be  entered  on  the  journal. 

Legislative    journals    and    enrolled    bills,    only    legislative    records    required.      Division    of 
County  of  Howard,  15  K.  210. 

§  152.  Bills.  §  12.  Bills  may  originate  in  either  house,  but  may  be 
amended  or  rejected  by  the  other. 

This  section  was  submitted  by  the  legislature  at  the  session  of  1864  (Laws  1864, 
ch.  44),  and  was  adopted  by  the  people  at  the  general  election,  held  November  8,  1364. 
Original  section   12  was  as  follows: 

"§  12.  All  bills  shall  originate  in  the  house  of  representatives,  and  be  subject  to 
amendment  or  rejection  by  the  senate." 

§  153.  Passage  of.  §  13.  A  majority  of  all  the  members  elected  to 
each  house,  voting  in  the  afl[irmative,  shall  be  necessary  to  pass  any  bill  or 
joint  resolution. 

Legislature  may  regulate  joint  conventions  and  prescribe  number  votes  required.     Prouty 

V.  Stover,  Lievt.  Governor,  11  K.  257. 
Yeas  and  nays  not  shown  on  journal,  law  upheld.     Hayes  v.  Heller,  12  K.  392. 
Legislative  journals   and   enrolled   bills  only   records   required,    import  verity.      Division  of 

County  of  Howard.  15  K.  194. 
May   votes  of  members  exceeding  constitutional  limit  be  counted?     The  State,   ex  rel.,  v. 

Tomlinson,  20  K.  704. 
Votes  of   members   in    e.x'ess  of   constitutional  limit   not   counted.      The   State,    ex   rel.,   v. 

Francis,   Trens..  26  K.   724. 
Ch.  346,   Laws  1917.   "Gage's  Lincoln  statue"  resolution,   is  a  bill.     The  State,   ex  rel.,  v. 

Knapp.  102  K.  705. 

§154.  Signing  of  Bill;  Veto.  §14.  Every  bill  and  joint  resolution 
passed  by  the  house  of  representatives  and  senate  shall,  within  two  days 
thereafter,  be  signed  by  the  presiding  officers,  and  presented  to  the  gover- 
nor; if  he  approve,  he  shall  sign  it;  but  if  not,  he  shall  return  it  to  the 
house  of  representatives,  which  shall  enter  the  objections  at  lar.e  upon 
its  journal  and  proceed  to  reconsider  the  same.  If,  after  such  reconsi  'era- 
tion,  two-thirds  of  the  members  elected  shall  agree  to  pass  the  bill  or 
resolution,  it  shall  be  sent,  with  the  objections,  to  the  senate,  by  which  it 
shall  likewise  be  reconsidered,  and  if  approved  by  two-thirds  of  all  the 


Annotated  Constitution  of  Kansas.  611 

members  elected,  it  shall  become  a  law;  but  in  all  such  cases  the  vote  shall 
be  taken  by  yeas  and  nays,  and  entered  upon  the  journal  of  each  house. 
If  any  bill  shall  not  be  returned  within  three  days  (Sundays  excepted) 
after  it  shall  have  been  presented  to  the  governor,  it  shall  become  a  law 
in  like  manner  as  if  he  had  signed  it,  unless  the  legislature,  by  its  adjourn- 
ment, prevent  its  return,  in  which  case  it  shall  not  become  a  law.  If  any 
bill  presented  to  the  governor  contains  several  items  of  appropriation  of 
money,  he  may  object  to  one  or  more  of  such  items,  while  approving  the 
other  portion  of  the  bill;  in  such  case  he  shall  append  to  the  bill,  at  the  time 
of  signing  it,  a  statement  of  the  item  or  items  to  which  he  objects,  and  the 
reasons  therefor,  and  shall  transmit  such  statement,  or  a  copy  thereof,  to 
the  house  of  representatives,  and  any  appropriations  so  objected  to  shall 
not  take  effect  unless  reconsidered  and  approved  by  two-thirds  of  the 
members  elected  to  each  house,  and,  if  so  reconsidered  and  approved, 
shall  take  effect  and  become  a  part  of  the  bill,  in  which  case  the  presiding 
officers  of  each  house  shall  certify  on  such  bill  such  fact  of  reconsideration 
and  approval. 

This  amendment  of  section  14,  article  2,  of  the  constitution,  was  suhmitted  by  the 
leeis'anirp  .-it  the  session  of  1903  (1j.  1903,  rh.  545),  and  was  adopted  bv  the  people 
at  the  election  held  in  November,  1904.     The  orisinal  section  was  as  follows: 

"§  14.  Every  bill  and  joint  resolution  passed  by  the  house  of  representatives  and 
senate  shall,  within  two  da\s  thereafter,  be  sisrned  by  the  presidins  o»ficers.  and  pre- 
sented to  the  governor:  if  he  approve,  he  shall  sisrn  it:  but  if  not.  he  shall  return  it  to 
the  house  nf  representatives,  which  shall  enter  the  objections  at  Inrsre  upon  its  journal 
and  proceed  to  reconsider  the  same  If,  after  such  reconsideration,  two-thirds  of  the 
members  elected  shnll  a^rce  to  p-iss  the  V>'"  or  re^o'u'ion.  it  shall  bn  spi!t.  vvi'h  the 
ob.iei-tinns,  to  the  senate,  bv  which  it  shall  likewise  be  reconsidered,  and  if  approved  by 
two-thirds  of  all  the  members  e'ected.  it  shall  becme  a  law.  But  in  all  such  cases, 
the  vote  shall  be  taken  by  yeas  and  nays,  and  en'ered  upon  the  journals  of  each 
house.  If  anv  bill  shall  not  be  returned  within  three  davs  (Sundays  ex<ep'ed)  after 
it  shall  have  been  presented  to  the  eovernor.  it  shall  become  a  law  in  like  manner  as 
if  he  had  sisned  it.  unless  the  le?rislature,  by  its  adjournment,  prevent  its  return,  in 
which  case  if  shall  not  become  a  law." 

Annotations  to  original  section: 

Proce'liire  in  passing  bills  discussed  at  length.  Division  of  Countv  of  Howard, 
1.5  K.  209. 

Signature  of  presiding:  officer  of  senate  not  essential  to  validity.  Comm'rs  of  Leaven- 
worth Co.  V.  Higginbotham.   17  K.   7.5. 

Bill  n"t  affected  bv  message  of  governor  after  signing  and  depositing.  The  State  v. 
V>hisner.   35   K.   280. 

Annotations  to  section  as  amended : 

Section   presumed    comp'ied    with   unless  journals  aiBrmativelv,   clearly  show   contrary. 

Bp]ievi"e  V.   WePs.    74   K.   821. 
Court  will  examine  leffis'ative  journals  in  connection  with  enrolled  bills.     Railway  Co. 

V.   Simons.   75  K.   132. 
"Wi»hin  thrpp  davs"  computed  bv  excluding  day  bill  presented.     The  State  v.  Sessions, 

84  K.  862. 
Ch.    346.    I-aws    1917.    in    form    a   resolution,    in   essentials   a   bill,    signed,   law.      The 

State,  ex  rel.,  v.  Knapp,   102  K.  703. 

§155.  BF.AmxG  OF.  S  15.  Everv  bill  shall  be  read  on  three  separate 
days  in  each  house,  unless  in  case  of  emergency.  Two-thirds  of  the  house 
where  such  bill  is  pending:  may,  if  deemed  expedient,  suspend  the  rules; 
but  the  read^ns  of  the  bill  by  sections  on  its  final  passage  shall  in  no  case 
be  dispensed  with. 

Leffislature   determines   existence  of  emergency,   need   not  enter  on   journal.      Weyand   v. 

Stover.  Trias..  35  K.  552. 
Sectif)n  is  individual  unit:  bill  must  be  read  by  sections.     The  State  v.  Carter.  74  K.  162. 
Presumed    section    complied    with    when   journal  does    not    show    contrary.      The    State   v. 

Railway  Co..  96  K.  609. 

§156.  One  Sub.tect;  Titt.e  of  Att;  Amendments.  §16.  No  bill 
shall  contain  more  than  one  subject,  which  shall  be  clearly  expressed  in  its 
title,  and  no  law  shall  be  revived  or  amended  unless  the  new  act  contain 
the  entire  act  revived  or  the  section  or  sections  amended,  and  the  section 
or  sections  so  amended  shall  be  repealed. 


612  Appendix  B. 

Operation  of  act  restricted  to  statement  of  title.     City  of  Concordia  v.  Hagaman,  1  K.  A.  35. 
Does   not    apply    to    acts   before    constitution    went    into    eflfeet.      Laurent    v.    The    State, 

1  K.  313. 
Law  not  revived  by  repeal  of  amending  act.     Renter  v.  Bauer,   3  K.  503. 
Section  applied  to  similar  law  for  construction  of  city  ordinances.     City  of  Troy  v.  A.  &  N. 

Railroad  Co.,  11   K.  532. 
Provisions  of  this  section  are  mandatory,   not  merely  directory.      County   of  Sedgwick  v. 

Bailey,   13   K.  607. 
Title  broad  and  comprehensive  as  legislature  chooses  to  make  it,  valid.     Division  of  Count}' 

of  Howard,  15  K.  215. 
Laws  may  be  repealed  by  virtue  of  this  section.     Tootle  v.  Savage,  18  K.  194. 
New  statute  supersedes  old  by  virtue  of  this  section.     Comm'rs  of  .Tefferson  Co.  v.  Hudson, 

20  K.  72. 

Acts  amending  section  of  prior  statute  treated  as  single  statute.     Evans  and  Nelson  v. 

Adams,  21  K.  119. 
Compliance    with    requirements    of    this    section,    discussed.      City    of    Eureka    v.    Davis, 

21  K.  579. 

This  section  does  not  apply  to  city  ordinances.     City  of  Humboldt  v.  McCoy,  23  K.  249. 
Requisites   of   compliance   with  this   section,   discussed   at    length.      The    State   v.    Barrett, 

27   K.  217. 
Repeal  by  implication  under  this  section,  discussed.     Stephens  v.  Ballou,  27   K.  594. 
Enactments  at  same  legislature  concerning  same  subject  matter,  construed  together.     In  re 

Hall.  Petitioner.  38  K.  670. 
Title  need  only  state  general  scope  and  purpose  of  act.     Lynch  v.  Chase,  55  K.  376. 
What  covered  by  title,  discussed.     Rogers  v.  Morrill,  55  K.  737. 
"Municipal    corporations"    in   title    to    act   mav    include   township.      Rathbone   v.    Hopper, 

57  K.  240. 
Earlier    act    repealed   by    later    law    covering    same    subject.      The    State    v.    Countryman, 

57  K.  823. 
Section  applies  to  bills  which  change  law  by  repealing  acts.     The  State  v.  Sholl,  58  K.  507. 
Courts  mav  refer  to  the  title  in  ascertaining  legislative  intent.     Baker  v.  Land  Companv, 

62  K.   79. 
Words  eliminated  from  title  to  give  proper  meaning  to  it.     Allen  v.  Hopkins,  62  K.  180. 
Where    restrictive    title    used,    act    must    come    within    its    meaning.      Topeka    v.    Wood, 

62    K.   810. 
Part  of  act   not  included  in  the  title,  held  invalid.     Enterprise  v.   Smith,   62  K.  815. 
Comprehensiveness  of  title  to  act,  discussed.     Otto  v.  Hare,   64  K.  81. 
Section  to  be  liberally  construed  to  sustain  act.     Stewart  v.  Thomas,   64  K.  515. 
Title  may  be  broader  than  the  act  itself.     Ash  v.  Thorp,   65  K.   60. 
Provision    must    clearly   show   intention    to    take   place    of    former.      Gilbert   v.    Craddock, 

67  K.  346. 
Statutes  not  declared  repealed  by  implication  unless  clearly  repugnant.     Newman  v.  Lake, 

70  K.  849. 
Act  held  good  where  subject  matter  is  germane  to  title.     In  re  Schley,  71  K.  266. 
Statutes  effecting  amendment  by  implication,  not  within  purview  of  section.     Parker-Wash- 
ington Co.  v.  Kansas  City,  73  K.  722. 
Compiler  divided  section,  amendment  contained  only  one  part,  held  unconstitutional.     The 

State  V.  Carter,  74  K.  156. 
Section  is  to  keep  members  of  legislature  from  being  misled.     Getty  v.  Holcomb,  79  K.  226. 
Section  liberally  construed  to  sustain  act.     The  State  v.  Topeka  Club,  82  K.  756. 
Legislature  may  extend  provisions  of  existing  statute  to  new  subject.     State  v.   Board  of 

Comm'rs  of  Shawnee  County,  83   K.   199. 
Similar   legislative   enactment   applied   to   city   ordinances.      City   of   Winfield  v.   Hackney, 

87   K.  858. 
Section   while  not  invoked  so  frequently  is  still  in  force.     The   State,   ex  rel.,  v.  Dawson, 

90  K.  841. 
Sufficiency   of  city   ordinance   title  not   determined  by  this  section.      De  Priest   v.   City   of 

Salina,   101   K.  813. 
Requirement   does    not    apply    to    amendments   by    necessary    implication.      The    State    v. 

Coletti,   102   K.   525. 
Following  acts  held  valid,  not  in  conflict  with  this  section: 

Ch.  140,  Laws  of  1895.     Higgins.v.  Mitchell  County,  6  K.  A.  314. 

Ch.  217,  Laws  of  1895.     Inlow  v.  Graham  County,  6  K.  A.  391. 

Ch.  126,   Laws  of  1895.     Lowe  v.  Bourbon  County,  6  K.  A.  603. 

Sec.  4,  ch.  177,  Laws  of  1879.     Ireton  v.  Laubner,  9  K.  A.  561. 

Taxes  as  between  grantor  and  grantee.  Gen.  Stat.  1868.     Greer  v.  McCarter,  5  K.  22. 

Taxation ;    statute   of   limitations   relative    to   tax   deeds.      Bowman    et    al.   v.    Cockrill, 
6   K.   333. 

Ch.  37,  Laws  of  1863.     Davis  v.  Turner,  21  K.  131. 

Sec.  2,  ch.  86,  Gen.  Stat.  1868.     City  of  Eureka  v.  Davis,  21  K.  578. 

Sec.  6,  ch.  79,  Laws  of  1873.     In  re  Holcomb,  Petitioner,  21  K.  628. 

Sec.  174,  art.  14,  ch.  81,  Gen.  Stat.  1868.     Martin  v.  Borgman,  21  K.  672. 

Sec.  4,  ch.  149,  Laws  of  1879.     The  State,  ex  rel.,  v.  Ewing,  22  K.  708. 

Sees.  9  and  10  of  dramshop  act.     Werner  v.  Edmiston,  24   K.  147. 

Art.  17  of  code  of  criminal  procedure,  i  Woodruff  v.  Baldwin,  23  K.  491. 

Sec.  31,  ch.  72,  Laws  of  1873.      Philpin  v.  McCarty,  Supt.;  24  K.  393. 

Ch.  34,  Laws  of  1876.     Keith  v.  Keith,  26  K.  39. 

Ch.  29,   Laws  of  1869.     Comm'rs  of  Marion  County  v.   Comm'rs   of  Harvey   County, 
26  K.  196. 

Ch.  113,  Laws  of  1877.     Comm'rs  of  Norton  County  v.  Shoemaker,  27  K.  77. 

Sec.  21,  ch.  128,  Laws  of  1881.     The  State  v.  Schweiter,  27  K.  500. 


Annotated  Constitution  of  Kansas.  613 

Sec.  15,  ch.  128,  Laws  of  1881.     Jockers  v.  Borgman,  29  K.  109. 

Sec,  13,  ch.  25,  Laws  of  1879.     Burroughs  v.  Comm'rs  of  Norton  County,  29  K.  197. 

Sec.  3,  ch.  128,  Laws  of  1881.     The  State  v.  Curtis,  29  K.  384. 

Sees.  303-305,  Comp.  Laws  of  1879.     John  v.  Reaser,  31  K.  406. 

Sec.  18,  prohibitory  liquor  law  of  1881.     Hardten  v.  The  State,  32  K.  637. 

Sec.  15,  ch.  128,  Laws  of  1881.     Durein  v.  Pontius,  34  K.  353. 

Sec.  18,  prohibitory  liquor  law  of  1881.     The  State  v.  Snyder,  34  K.  425. 

Ch,  80,  Laws  of  1883.     Weyand  v.  Stover,  Treas.,  35  K.  551. 

Ch.  146,  Laws  of  1873.     City  of  Wichita  v.  Burleigh,  36  K.  41. 

Ch.  75,  Laws  of  1886.     Comm'rs  of  Cherokee  County  v.  The  State,  ex  rel.,  36  K.  337. 

Ch.  104,  Laws  of  1883.     The  State  v.  Brown,  38  K.  390. 

Sec.  4,  ch.  179,  Laws  of  1887.     The  State,  ex  rel.,  v.  Cross,  38  K.  696. 

Proviso  contained  in  sec.  1,  ch.  128,  Laws  of  1887.     The  State,  ex  rel.,  v.  Comm'rs  of 

Haskell  County,  40  K.  65. 
Ch.  155,  Laws  of  1885.     Mo.  Pac.  Bly.  Co.  v.  Merrill,  40  K.  404. 
Ch.  60,  Laws  of  1875.     The  State,  ex  rel.,  v.  Comm'rs  of  Kiowa  County,  41  K.  630. 
Ch.  114,  Laws  of  1889.     The  State,  ex  rel.,  v.  Sanders,  42  K.  230. 
Part  of  sec.  15,  ch.  80,  Laws  of  1879.     The  State  v.  Bush,   45  K.  138. 
Sec.  7,  ch.  138,  Laws  of  1889.     Comm'rs  of  Norton  County  v.  Snow,  45  K.  332. 
Ch.  257,   Laws  of  1889,   so  far  as   relates  to  insurance.     In  re   Pinkney,   Petitioner, 

47  K.  89. 
Ch.  61,  Laws  of  1891.     Comm'rs  of  Barber  County  v.  Smith,  48  K.  332. 
Ch.  134,  Laws  of  1887.     Elevator  Co.  v.  Stewart,  50  K.  378. 
Sec.  4,  ch.  165,  Laws  of  1887.     The  State  v.  Campbell,  50  K.  433. 
Chs.  63  and  64,  Laws  of  1886.     The  State,  ex  rel.,  v.  Kansas  City,  50  K.  508,  521. 
Ch.  102,  Laws  of  1879.     Calloway  v.  Cooley,  50  K.  743. 
Ch.  98,  Laws  of  1893.     The  State,  ex  rel.,  v.  Lewelling,  51  K.  562. 
Sec.  1,  ch.  131,  Laws  of  1889    (sec.  422o,  Civil  Code).     Berry  v.  K.  C.  Ft.  S.  &  M. 

Rid.  Co.,  52  K.  759. 
Ch.  129,  Laws  of  1881.     In  re  Sanders,  Petitioner,  53  K.  191. 
Ch.  43,  Laws  of  1891.     Blaker  v.  Hood,  53  K.  499. 
Ch.  261,  Laws  of  1889.     City  of  Eudora  v.  Darling,  54  K.  654. 
Ch.  239,  Laws  of  1889.     Lynch  v.  Chase,  55  K.  367. 
Ch.  106,  Laws  of  1895.     Aikman  v.  Edwards,  55  K.  751. 
Ch.  50,  Laws  of  1879.     Rathbone  v.  Hopper,  57  K.  240. 
Ch.  107,  Laws  of  1897.     In  re  Greer,  58  K.  268. 
Ch.  107,  Laws  of  1889.     Baker  v.  Land  Company,  62  K.  82. 
Ch.  1,  Laws  of  1889.     Allen  v.  Hopkins,  62  K.  175. 
Sec.  5,  ch.  82,  Laws  of  1897.     Leavenworth  v.  Water  Co.,  62  K.  643. 
Ch.  176,  Laws  of  1901.     Wilson  v.  Clark,  63  K.  516. 

Sec.  2,  ch.  128,  Laws  of  1893.     Board  of  Education  v.  The  State,  64  K.  7. 
Ch.  225,  Laws  of  1889.     Otto  v.  Hare,  64  K.  78. 
Sec.  8,  ch.  232,  Laws  of  1901.     The  State  v.  Sheppard,  64  K.  451. 

Ch.  203,  Laws  of  1891.     Stewart  v.  Thomas,  64  K.  511.  , 

Sec.  7,  ch.  232,  Laws  of  1901.     Wilson  v.  Herink,  64  K.  607. 
Ch.  254,  Laws  of  1901.     The  State  v.  Wilcox,  64  K.  789. 
Ch.  339,  Laws  of  1901.     Ash  v.  Thorp,  65  K.  60. 
Ch.  131,  Laws  of  1897.     Hardy  v.  Kingman  County,  65  K.  111. 
Sec.  1,  ch.  105,  Laws  of  1886.     The  State  v.  Dunn,  66  K.  483. 
Ch.  81,  Laws  of  1879.     Reynolds  v.  Board  of  Education,  66  K.  672. 
Sec.  12,  ch.  177,  Laws  of  1899.     School  District  v.  Atzenweiler,  67  K.  609. 
Ch    46,  Laws  of  1883.     Manley  v.  Mayer,  68  K.  378. 
Ch.  34,  Laws  of  1883.     Leavenworth  v    Water  Co.,  69  K.  83. 
Ch.  104,  Laws  of  1885.     Wichita  v.  Telephone  Co.,  70  K.  441. 
Sec.  8,  ch.  106,  Laws  of  1901.     The  State  v.  Hahn,  70  K.  877. 
Ch.  353,  Laws  of  1901.     In  re  Schley,  71  K.  266. 

Ch.  112,  Laws  of  1905.     Parker-Washington  Co.  v.  Kansas  City,  73  K.  722. 
Ch.  123,  Laws  of  1901.     The  State  v.  Thomas,  74  K.  360. 
Ch.  338,  Laws  of  1903.     The  State  v.  Thomas,  74  K.  360. 
Ch.  366,  Laws  of  1901.     Clarke  v.  Lawrence,  75  K.  27. 
Ch.  165,  Laws  of  1887.     The  State  v.  Everhardy,  75  K.  851. 
Ch.  168,  Laws  of  1899.     Bank  v.  Pearce,  76  K.  408. 
Ch.  93,  Laws  of  1871.     Harrod  v.  Latham,  77  K.  466. 
Sec.  25,  ch.  78,  Laws  of  1893.     Getty  v.  Holcomb,  79  K.  224. 
Sec.  3,  ch.  222,  Laws  of  1905.     Getty  v.  Holcomb,  79  K.  224. 
Sec.  5,  ch.  164,  Laws  of  1909.     The  State  v.  Sherman,  81  K.  874. 
Sec.  16,  ch.  128,  Laws  of  1881.     The  State  v.  Topeka  Club,  82  K.  756. 
Ch.  397,  Laws  of  1905   (Barnes  high-school  law).    Board  of  Education  v.  Allen  Ooantv, 

82  K.  782. 
Ch.  80,  Laws  of  1909.     The  State  v.  Shawnee  Countv,  83  K.  199. 
Chs.  210  nrd  215,  Laws  of  1909.     The  State  v.  Pauley,  83  K.  456. 
Ch.  241,  Laws  of  1899.     Pavne  v.  Barlow,  84  K.  132. 
Ch.  142,  Laws  of  1909.     The  State  v.  Prather,  84  K.  170. 
Ch.  345,  Laws  of  1905.     Grain  and  Lumber  Co.  v.  Railway  Co.,  85  K.  281. 
Ch.  112,  Laws  of  1909.     The  State,  ex  rel,  v.  Meek,  86  K.  577. 

Ch.  237,  Laws  of  1911,  as  applies  to  sheriff.     The  State,  ex  rel,  v.  Martin,  87  K.  817. 
Ch.  165,  Laws  of  1911.     The  State  v.  Adams,  89  K.  674. 
Ch.  130,  Laws  of  1913.     Brewer  v.  Citv  of  Pittsburg,  91  K.  910. 
Ch.  165,  Laws  of  1911.     The  State  v.  King,  92  K.  669. 
Sec.  27,  ch.  109,  Laws  of  1893.     Richey  v.  Ferguson,  93  K.  ,152. 


614  Appendix  B. 

Sec.  501,  ch.  182,  Laws  of  1909.     Richey  v.  Ferguson,  93  K.  152. 

Ch.  218,  Laws  of  1911,  as  amended  by  ch.  216,  Laws  of  1913.     Shade  v.  Cement  Co., 

93  K.  257. 
Sec.  46,  ch.  218,  Laws  of  1911.     Hovis  v.  Cudahv  Refining  Co.,  95  K.  505. 
Ch.  248,  Laws  of  1913   (Mahin  liquor  law).     The  State  v.  Railway  Co..  96  K.  611. 
Ch.   311,  Laws  of  1915   (rural  high-school  districts).      Rural  School  District  y.  Davis, 

96  K.  647. 
Ch.  179,  Laws  of  1911.      (Subject  matter  of  act  is  adulteration.)     American  Linseed 

Oil  Co.  V.  Crumbine,  207  Fed.  332. 
Ch.   124,  Laws  1913    (waterworks,  cities  second  and  third  classes).     Hartzler  v.  City 

of  Goodland,  97  K.  135. 
Ch.    123,    Laws    1911    (amendment   by    implication).      Milling    Co.    v.    Junction    Citr, 

98  K.  253. 
Ch.  276,  Laws  1905.     Freedom  Township  v.  Douglas,  99  K.   179. 
Ch.  97,  Laws  1864.     Drainage  District  v.  Railway  Co.,  99  K.  188. 
Ch.  218.  Laws  1911,  as  amended  by  ch.  216,   Laws  1913.      Swader  v.  Flouring  Mills 

Co.,  103  K.  380. 
Ch.  284,  1917.     State,  ex  rel,  v.  Lament.  105  K.  134. 

Following  acts  held  xtnconstitvtional  and  void,  in  conflict  with  this  section; 
Sec.  6,  ch.  116,  Laws  of  1871.     Shepherd  v.  Shepherd,  4  K.  A.  546. 
Ch.  79.  Laws  of  1872.     Comm'rs  of  Sedgwick  Countv  v.  Bailey,  13  K.  601. 
Ch.  110.  Laws  of  1871.     Swavze  v.  Britton,   17  K.  625. 
Sec.  4.  ch.  36.  Laws  of  1876.     Shepherd  v.  Helmers,  23  K.  504. 
Sec.  19,  ch.  128,  Laws  of  1881.     The  State  v.  Barrett,  27  K.  215. 
Sec.  2,  ch.  81,  Laws  of  1869.     M.  K.  &  T.  Rly.  Co.  v.  Long,  27  K.  684. 
Part  of  sec.  2.  ch.  119,  Laws  of  1885.     In  re  Wood,  Petitioner,  34  K.  645. 
Sec.  9,  ch.  107,  Laws  of  1889,  as  attempt  to  repeal,  etc.     The  State,  ex  rel.,  v.  Pierce, 

51  K.  241. 
Sec.  28,  ch.  152,  Laws  of  1891.     The  State  v.  Lewin,  53  K.  679. 
Ch.  95.  Laws  of  1893.     The  State  v.  Deets,  54  K.  504. 
Ch.  ir!2.  Laws  of  1«87.     Railroad  Co.  v.  Kearny  County,  58  K.  20. 
Ch.  137,  Laws  of  1897.     The  State  v.  Sholl.   58  K.  507. 
Part  of  ch.  75.  Laws  of  1P91.     Topeka  v.  Wood,  62  K.  809. 
Sec.  12,  ch.  82,  Laws  of  1^97.     Enterprise  v.  Smith,  62  K.  815. 
Ch.  233,  Laws  of  1901.     The  State  v.  Carter,  74  K.  156. 

Ch.  237,  Laws  of  1911,  as  to  certain  officers.     The  State,  ex  rel.,  v.  Martin.  87  K.  617. 
Part  of  ch.  2,  Laws  of  1911,  relating  to  fees,  etc.     The  State,   ex  rel..  v.  Dawson,  90 

K.  842. 
Ch.  144,  Laws  of  1911.     Agricultural  Society  v.  Allen  County,  93  K.  772. 
Ch.  14,  Laws  of  1915.     Hicks  v.  Davis,  97  K.  318   (rehearing),  97  K.  662. 

Acts  repealed  bv  virtue  of  this  section: 

Sec.  76.  Code  of  1868.     Case  of  Bartholow,  21  K.  308. 

Ch.  107,  Laws  of  1895.     The  State  v.  Countryman,  57  K.  815. 

§157.  Uniform  Operation;  Gener.\l  and  Specl\l  Law.  §17.  All 
laws  of  a  general  nature  shall  have  a  uniform  operation  throughout  the 
state;  and  in  all  cases  where  a  general  law  can  be  made  applicable,  no 
special  law  shall  be  enacted ;  and  whether  or  not  a  law  enacted  is  repugnant 
to  this  provision  of  the  constitution  shall  be  construed  and  determined  by 
the  courts  of  the  state. 

This  section  was  submitted  by  the  legislature  at  the  session  of  1905  (L.  1905,  ch. 
543),  and  was  adopted  by  the  people  at  the  election  held  in  November,  1906.  Orig- 
inal section  17  was  as  follows: 

"§  17.  All  laws  of  a  general  nature  shall  have  a  uniform  operation  throughout 
the  state;  and  in  all  cases  where  a  general  law  can  be  made  applicable,  no  special  law 
shall  be  enacted." 

Annotations  to  original  section: 

Ch.  271.  Laws  of  1895,  legalizing  printer's  affidavit,  valid.     lulow  v.  Graham  County, 

6  K.  A.  391. 

Ch.  126,  Laws  of  1895,  fees  and  salaries,  valid.    Lowe  v.  Bouibon  County,  6  K.  k.  603. 
Legislature  to  determine  whether  general  law  could  be  made   applicable.      The  State, 

ex  rel.,  v.  Hitchcock,   1  K.   178. 
Did   not   have  retroactive  effect   of   abrogating  laws  previously  passed.      The  State  v. 

Thompson  et  al.,  2  K.  433. 
Act  making  summoning  of  grand  juries  optional  with  judge,  valid.     Rice  v.  The  State 

of  Kansas,  2  K.  168. 
Section   15  of  dram-shop  act  held  constitutional.     The  State  of  Kansas  v.  Young  and 

others,  3  K.  446. 
Act  permitting  municipal  aid  to  railroads,  held  valid.     Leavenworth  County  v.  Miller, 

7  K.  491. 

Act  providing  for  herd  law  in  certain  specified  counties,  unconstitutional.  Darling  v. 
Rodgers,  7  Kan.  592. 

Act  authorizing  certain  school  districts  to  issue  bonds,  valid.  Beach  v.  Leahy,  Treaa., 
11  K.  23. 

Act  applying  only  when  countv  commissioners  so  elect,  held  valid.  Noffzisger  v.  Mc- 
Allister,  12  K.  321. 


Annotated  Constitution  of  Kansas.  615 

County  commissioners   cannot   apply   act   in   parts  of   county  only.      Keyes  v.   Snyder, 

15  K.  143. 
Act  of  general  nature,  restricted  in  operation,  held  void.    Robinson  v.  Perry,  17  K.  248. 
Exception    in   exemption  law,   relative   to  claims  for  wages,   valid.      McBride  v.   Reitz, 

19   K.  123. 
Act   taxing  railroads  in  unorganized  counties,   held  constitutional.     Francis,   Treas.,  v. 

A.  T.  &  S.  F.  Rid.  Co.,  19  K.  303. 
Act   regulating   certain    salaries   in   certain   counties,   held  valid.      Comm'rs   of   Norton 

County  V.  Shoemaker,  27  K.  77. 
Act   requiring  railroad  to  take  bond  to  protect  subcontractors,   valid.     Mann   v.   Cor- 

rigan,  28  K.  197. 
Dram  shop  act  does  not  conflict  with  this  section.      Jockers  v.  Borgman,  29  K.  113. 
Special  act  excluding  certain  land  from  Wyandotte  city,   held  unconstitutional.      Gray 

V.  Crockett,  30  K.  142. 
Special  act  authorizing  school  district  to  issue  bonds,  held  valid.     Kuowles  v.  Board  of 

Education,  33  K.  692. 
Special  act  vacating  streets  in  different  cities  in  state,  constitutional.     City  of  Wichita 

V.   Burleigh,  36  K.  41. 
Oh.  93,  Laws  of  1874,  negligence  of  railway  employees,  valid.      A.  T.  &  S.  F.  Rid.  Co. 

V.  Koehler,  Adm'x,  37  K.  463. 
Metropolitan   police   act,    ch.    100,    Laws   of   1887,    held  valid.      The   State,    ex  rel.,   v. 

Hunter,   38  K.   578. 
Fire  from  railroad  prima  facie  evidence  of  negligence,   held  constitutional.     Mo.   Pac. 

Rly.  Co.  v.  Merrill,   40  K.  404. 
Legislature  determine  whether  purpose  can  be  accomplished  by  ffeneral  act.     The  State, 

«T  rel.,  V.  Sanders,  43  K.  233;  Hughes  v.  Milligan,  42  K.  399;  Comm'rs  of  Barber 

County  V.  Smith,  48  K.  334. 
Act  providing  for  organization  of  county  high  schools,  held  constitutional.     Koester  v. 

Comm'rs  of  Atchison   County,   44  K.   143. 
Ch.   102,   Laws  of   1879,  foreign  executor  convey  property,  valid      Calloway  v.  Cooley, 

50  K.  743. 
Act   creating   municipal   township   of   certain    territory,    held    constitutional   enactment. 

The  State,  ex  rel.,  v.  Lewelling,  51  K.  562. 
Act  establishing  a  county  hi?h  school,  held  valid.     Eichholtz  v.  Martin,  53  K.  486. 
Act  creating  city  court  of  Kansas  City,  held  valid.     In  re  Greer,   58   K.  268. 
Act  creating  city  court  of  Topeka,  held  valid.     Chesney  v.  McCIintock,  61  K.  94. 
Act  fixing  fees  of  probate  judge  in  certain  couutv,  constitutional.      Campbell  v.  Labette 

County,  63  K.  377. 
Act  dissolving  certain  school  districts  and  attaching  to  another,  valid.      Ash  v.  Thorp, 

65  K.  60. 
Power  to  fix   penalty  for  nonpayment  of   taxes,    not   limited.      Railway   Co.   v.   Miami 

County,  67  K.  439. 
Section   mandatory;    whether  law   general  or   special,   question   for  courts.      Rambo  v. 

Larrabee,  67  K.  634. 
Ch.    34.    Laws   of    1883,    validating   certain   ordinances,    held    valid.      Leavenworth   v. 

Water  Co.,  69  K.  82. 
"Law  of  general   nature"   and   "general  law"   distinguished.      Richardson  v.   Board  of 

Education,  72  K.  633. 
Laws   applicable  to  class  of   cities   according  to   population,   discussed.      Parker-Wash- 

ingtcn  Co.  v.  Kansas  City,  73  K.  722. 
Ch.  101,  Laws  of  1905,  certain  cities  issue  bonds,  valid.    Belleville  v.  Wells,  74  K.  823. 
Ch.  366,  Laws  of  1901,  public  improvements,  protest,  law  valid.     Clarke  v.  Lawrence, 

75  K.  27. 
Legislature  alone  determines  necessity  for  enacting  special  legislation.    Hicks  v.  Davis, 

97  K.  315. 

Annotations  to  amended  section: 

Ch.    141,    Laws  of    1907,    erection   permanent   county   buildings,    valid.      The   State   v. 

Butler  County,   77  K.  527. 
Amendment   1906,  general  or  special  law,   applicability  a  judicial  question.      Anderson 

V.  Cloud  County,   77   K.   721. 
Ch.  72.   Laws  of  1907,  bridges  in  Cloud  county,   unconstitutional.     Anderson  v.  Cloud 

County,  77  K.  722. 
Rule    that    courts    must    uphold    act    where    possible,    not    apply.      Anderson    v.    Cloud 

County,   77  K.  722. 
Ch.  24,  Laws  of  1907,  organizing  union  school  district,   unconstitutional.     Gardner  v. 

The  State,  77  K.  743. 
Ch.  368,  Laws  of  1907,  special  county  high-school  building,  invalid.     Deng    v.  County 

of  Scott.   77  K.   863. 
Ch.  179,  Laws  of  1907,  city  court  of  Chanute,  unconstitutional.     The  State  v.  Nation, 

78  K.  394. 

Amendment  of  1906  is  not  retroactive  in  effect.    Stephens  v.  Labette  County,  79  K.  154. 
Ch.  52,  Laws  of  1908,  circuit  court  of  Wyandotte  county,  unconstitutional.     The  State 

V.  Hutchings,  79  K.  191. 
Ch.  250,  Laws  of  1907,  black  powder  in  coal  mines,  valid.     In  re  Williams.  79  K.  214. 
General  or  special  law  determined  by  subject  matter,  not  form.     The  State  v.  Lawrence, 

79  K.  234. 

-\mendment   of    1906    does   not   applv   to  laws   previou.sIy   pas.scd.      The   State   v.    Cox, 
79  K.  530. 


616  Appendix  B. 

Ch.    114,    Laws    of    1907,    commission    government    for    cities,    valid.      Cole    v.    Dorr, 

80  K.  251. 
Ch.    183,    Laws   of    1907,    witness   fees,    public   officers,    valid.      Claflin    v.    Wvandotte 

County,  81  K.  57. 
Part   ch.   264,    Laws  of   1909,   weights   and   measures,   valid.      The   State  v.   Creamery 

Co.,  83  K.  389. 
Chs.  210  and  215,  1909,  county  high  schools,  valid  enactments.     The  State  x.  Pauley. 

83  K.  4.=S6. 
Partial  repeal  of  special  law  by  special  law  and  not  prohibited.     The  State  v.  Prather 

84  K.  174. 
Ch.    259,     Laws    of    1911,    bonded    indebtedness,    school    purposes,    unconstitutional 

Board  of  Education  v.  Davis,  87  K.  286. 
Ch.  210.  Laws  of  1907,  undersheriflfs  in  certain  counties,  unconstitutional.     Gustafson 

V.  McPherson  County,   88  K.  335. 
Ch,   88,    Laws  of    1907,   bridges   in  Neosho  countv,   unconstitutional.      Railway   Co    v 

Neosho  County,  89  K.  209. 
Ch.  248.   Laws  of  1909,  inheritance  tax  law,  held  valid.      The  State,  ex  Tel.,  v    Cline 

91  K.  416. 
Ch.  222,  Laws  of  1911,  bathhouses  at  mines,  valid.     The  State  v.  Reaser,  93  K.  629. 
Cited  in  discussing  uniform  operation  of  freight  rates  throughout  the  state.      Railroad 

Co.  V.  Utilities  Commission,  95  K.  612. 
Law  not  special  because  only  one  city  of  population  designated.     Water  Co.  v.  Kansas 

City,   164  Fed.  738. 
Ch.   124,   Laws  of   1913,  waterworks  cities  second  and  third  classes,   valid       Hartzler 

V.  City  of  Goodland,  97  K.  135. 
Ch.  196,   Laws  of  1915,  creating  certain  first-class  city  courts,  unconstitutional.     The 

State,  ex  rel.,  v.  Deming,  98  K.  420. 
Ch.  276,  Laws  of  1905,  amendatory  ch.  132,  Ijaws  of  1885,  taxation  situs  bonds,  etc., 

valid      Freedom  Township  v.  Douglas,  99  K.  176. 
Ch.  284,  Laws  of  1917,  formation  rural  high-school  districts,  valid.     The  State    ex  rel 

V.  Lamont,  105  K.  134. 
Ch.    161,   liaws  of  1919,   county  seat  relocation,  unconstitutional.      Patrick  v.  Haskell 

County,  105  K.  153. 
Ch.   271,    Laws  of    1915,    establishment   of   countv   welfare   institutions,    constitutional 

Beck  V.  Shawnee  County,   105  K.  325. 

§  158.  Divorce.  §  IS.  All  power  to  grant  divorces  is  vested  in  the 
district  court,  subject  to  regulation  by  law. 

Decree  affecting  property  void  when  court  fails  to  get  jurisdiction.  Wesner  v.  O'Brien 
1  K.  A.  416. 

Power  of  court  in  granting  restraining  order  and  divorce,  discussed.  In  re  David  H 
Mitchell,   1  K.   643. 

Supreme  court  has  jurisdiction  when  case  brought  up  on  error.     Ulrich  v.  TJlrich,  8  K.  402. 

Court  granting  divorce  may  award  possession  of  homestead  to  wife.  Brandon  v.  Brandon! 
14   K.   342. 

I..egislature  may  forbid  divorced  persons  to  marry  within  six  months.  Durland  v.  Durland 
67  K.  734. 

Implies  power  to  divide  property  between  parties  when  denving  divorce.  Putnam  v.  Put- 
nam,  104  K.  51. 

§159.  Publication;  Officers.  §19.  The  legislature  shall  prescribe 
the  time  when  its  acts  shall  be  in  force,  and  shall  provide  for  the  speedy 
publication  of  the  same;  and  no  law  of  a  general  nature  shall  be  in  force 
until  the  same  be  published.  It  shall  have  the  power  to  provide  for  the 
election  or  appointment  of  all  officers,  and  the  filling  of  all  vacancies  not 
otherwise  provided  for  in  this  constitution. 

Portions  of  act  to  take  effect  at  different  times,  unconstitutional.     Comm'rs  of  Montgomery 

County  V.  Glass,  4  K.  A.  286. 
Law  of  general  nature  has  no  effect  unless  published.     The  State,  ex  rel.  Guthrie,  v.  Board 

of  Commissioners,  4  K.  272. 
Legislature  has  power  to  provide  for  unexpired  term  of  sheriff.     Bond  v.  White,  8  K.  343. 
Law  prescribing  what  shall  constitute  publication  of  laws,   held  valid.      Turner  v.   Davis, 

21   K.   139. 
No  valid  election  where  no  statutory  or  constitutional  provision.     Matthews  v.  Comm'rs  of 

Shawnee  County,  34  K.  607. 
Where  two  constructions  possible,  one  chosen  that  renders  act  valid.     Comm'rs  of  Cherokee 

County  v.  Chew,  44  K.  164. 
Legislature  need  not  name  particular  day  if  time  definitely  ascertained.     Comm'rs  of  Chero- 
kee County  V.  Chew,  44  K.  164. 
Publication  omitting  enacting  clause  or  other  essential  part,  no  publication.     In  re  Swartz, 

,    Petitioner.  47   K.  159. 
Act  must  take  effect  as  an  entirety  at  definite  time.      Comm'rs  of"  Miami  County  v.  Hiner, 

54  K.  334;  Finnigan  v.  Sale,  54  K.  420;  The  State  v.  Deets,  54  K.  504. 
Postponing  certain  elections  to  secure  uniformity  of  official  terms,  valid.     Wilson  v.  Clark, 

63  K.  505;  The  State  v.  Andrews,  64  K.  474,  488. 
I'ublication    in    "official   state   paper"    equivalent    to    "official    citv    paper."      The    State   v. 

Topeka,  68  K.  188. 


Annotated  Constitution  of  Kansas.  617 

Act  may  take  eflPect  at  later  date,  depending  on  population.     The  State,  ex  rel.,  v.  Meek, 

8e  K.  579. 
Ch.    2]0,    Laws    1915,    election    of    county    superintendent,    unconstitutional.      The    State, 

ex  rel.,  v.  Doane,  98  K.  438. 
"White   slave  law"    (Ch.    179,    Laws    1913)    was   regularly   enacted   and   published.      The 

State  V.  Fleeman,  102  K.  673. 

§160.  Enacting  Clause.  §20.  The  enacting  clause  of  all  laws  shall 
be  "Be  it  enacted  by  the  legislature  of  the  state  of  Kansas" ;  and  no  law 
shall  be  enacted  except  by  bill. 

Legislature  could   not   create   crime  by  resolution ;    enacting   clause   vital.      In   re   Swartz, 

Petitioner,  47  K.  158. 
Enrolled  bill   imports  absolute  verity  unless  irregularity  is  conclusively  shown.      Stephens 

V.  Labette  County,  79  K.  153. 
Oh.  124,  Laws  1913,  has  enacting  clause.     Valid.     Hartzell  v.  City  of  Goodland,  97  K.  135. 
Ch.  346,  Laws  1917,  is  substantial  compliance  with  mandatory  enacting  clause  provision. 

Valid.     The  State,  ex  rel,  v  Knapp,  102  K.  705.  . 

§161.  County  Tribunals.  §21.  The  legislature  may  confer  upon 
tribunals  transacting  the  county  business  of  the  several  counties,  such 
powers  of  local  legislation  and  administration  as  it  shall  deem  expedient. 

Legislature   mav    authorize    counties    to    grant   aid   to    railroad    companies.      Leavenworth 

County  V.  Miller,  7  K.  479. 
Legislature    mav    confer    legislative    or    administrative    power    on    county    commissioners. 

Noffzigger  v!  McAllister,  12  K.  320. 
County  commissioners  refused  to  organize  new  township;   held,  no  appeal.     Fulkerson  v. 

Comm'rs  of  Harper  County,  31  K.  127. 
Legislative  and  administrative  power  may  be  conferred  on  other  local  agencies.     City  of 

Emporia  v.   Smith,  42   K.   435. 
County  printing,  courts  cannot  interfere  with  discretion  of  county  commissioners.     Comm'rs 

of  Harper  County  v.  The  State,  ex  rel,  47  K.  285. 
Statute  conferring  legislative  authoritv  on  road  commissioners,  unconstitutional  and  void. 

Comm'rs  of  Wyandotte  County  v.  Abbott,  52  K.  160. 
County    commissioners    given    authoritv    to    compromise    and   refund   county    indebtedness. 

Riley  v.  Garfield  Township,  58  K.  "303. 
Attempt  to  authorize  change  in  corporate  limits  by  petition,  unconstitutional.     Hutchinson 

v.  Leimbach,  68  K.  37. 
Power   to  levy  tax  conferred  on   park  commissioners,   held  valid.      Wulf  v.   Kansas  City, 

77  K.  365. 
Gountv  commissioners  compelled  bv  mandamus  to  perform  legal  duty.     School  District  v. 

Wilson  County,  82  K.  806. 
Rock-road  law  does  not  confer  legislative  powers  on  petitioners.     Hill  v.  Johnson  County, 

82  K.  813.     ' 
Initiative  and  referendum,   cities  under  commission,   does  not   violate  section.     The  State, 

ex  rel,  v.  City  of  Hutchinson,  93  K.  405. 
Incorporation   of   cities   of   third    class,    action   of    county   commissioners   conclusive.      The 

State,  ex  rel,  v.  Holcomb,  95  K.  660. 

§  162,  Privileges  of  Members.  §  22.  For  any  speech  or  debate  in 
either  house,  the  members  shall  not  be  questioned  elsewhere.  No  member 
of  the  legislature  shall  be  subject  to  arrest — except  for  felony  or  breach 
of  the  peace — in  going  to,  or  returning  from,  the  place  of  meeting,  or  dur- 
ing the  continuance  of  the  session ;  neither  shall  he  be  subject  to  the  service 
of  any  civil  process  during  the  session,  nor  for  fifteen  days  previous  to  its 
commencement. 

Session    of    senate    while    trying    impeachment    is    covered    by    section.      Cook    v.    Senior, 

3  K.  A.  278. 
Statute  presfribing  venue  of  actions  is  limited  bv  this  section.     McAnarney  v.  Caughenaur, 

34  K  623. 

§  163.  Schools.  §  23.  The  legislature,  in  pro\ading  for  the  formation 
and  regulation  of  schools,  shall  make  no  distinction  between  the  rights  of 
males  and  females. 

Section  does  not  apply  to  qualifications  of  electors  for  siiperintendent.     Winans  v.  Williams, 

5  K.  238. 
Separate  schools,  white  and  colored  children,  not  authorized  by  law.     Board  of  Education 

V.   iinnon,  26  K.  22. 

§  164.  Appropriation.  §  24.  No  money  shall  be  drawn  from  the 
treasury,  except  in  pursuance  of  a  specific  appropriation  made  by  law,  and 
no  appropriation  shall  be  for  a  longer  term  than  two  years. 


618  Appendix  B. 

This  section  was  submitted  by  the  legislature  at  the  session  of  1876  (Laws  1876, 
eh.  129),  and  was  adopted  by  the  people  at  the  general  election  held  November  7, 
1876.     Original  section  24  was  as  follows: 

"§  24.  No  money  shall  be  drawn  from  the  treasury,  except  in  pursuance  of  a 
specific  appropriation  made  by  law ;  and  no  appropriation  shall  be  for  a  longer  term 
than  one  year." 

Money  drawn  only  in  pursuance  of  act  passed  within  year.     Martin  v.  Francis,  13  K.  228. 

Appropriation  of  all  proceeds  of  certain  levies  held  valid  appropriation.  Evans  v.  Mc- 
Carthy, 42  K.  426. 

Money  drawn  from  treasury  only  in  pursuance  of  specific  appropriation.  Henderson  v. 
Hovey,  46  K.  691. 

No  money  (interest)  drawn,  except  specific  appropriation  within  two  years.  The  State, 
ex  rel.,  v.  Stover,  47  K.  119. 

Specific  appropriation  cannot  be  attacked  by  mere  volunteer.  Cole  v.  National  Bank, 
56  K.  571. 

See  section  30  of  this  article  [G.  S.  1915,  sec.  139a.] 

State  auditor  can  not  impeach  legislative  discretion  under  this  section.  Hicks  v.  Davis, 
97   K.  315. 

Ch.  346,  Laws  1917  (Gage's  Lincoln  statue)  is  an  appropriation  law,  valid.  State, 
ex  rcL,  v.  Knapp,  102  K.  703. 

§  165.  Sessions.  §  25.  All  sessions  of  the  legislature  shall  be  held  at 
the  state  capital,  and  beginning  with  the  session  of  eighteen  hundred  and 
seventy-seven,  all  regular  sessions  shall  be  held  once  in  two  years,  com- 
mencing on  the  second  Tuesday  of  January  of  each  alternate  year  there- 
after. 

This  section  was  submitted  by  the  legislature  at  the  session  of  1875  (Laws  1875, 
ch.  140),  and  was  adopted  by  the  people  at  the  general  election  held  November  2,  1875. 
Original  section  25  was  as  follows: 

"§  25.  All  sessions  of  the  legislature  shall  be  held  at  the  state  capital,  and  all 
regular  sessions  shall  commence  annually  on  the  second  Tuesday  of  January." 

§  166.  Census.  §  26.  The  legislature  shall  provide  for  taking  an 
enumeration  of  the  inhabitants  of  the  state  at  least  once  in  ten  years.  The 
first  enumeration  shall  be  taken  in  a.  d.  1865. 

.Apportionments  have  been  made  by  legislature  based  on  the  census.  The  State,  ex  rel-,  v. 
Francis,   26  K.   727. 

§  167.  Impeachment.  §  27.  The  house  of  representatives  shall  have 
the  sole  power  to  impeach.  All  impeachments  shall  be  tried  by  the  senate; 
and  when  sitting  for  that  purpose,  the  senators  shall  take  an  oath  to  do 
justice  according  to  the  law  and  the  evidence.  No  person  shall  be  con- 
\dcted  without  the  concurrence  of  two-thirds  of  the  senators  elected. 

Senate  when  trying  impeachment  is  in  session  as  a  senate.     Cook  v.  Senior,  3  K.  A.  281. 
When  senate  shall  sit  and  how  trial  conducted,  considered.     The  State,  ex  rel.,  v.  Hillyer, 

2  K.   17. 
Judges   district    courts   subject   to    impeachment   and   removal   by   legislature.      Falloon    v. 

Clark,   61  K.  125. 

§168.  Same;  Punishment.  §28.  The  governor  and  all  other  officers 
under  this  constitution  shall  be  subject  to  impeachment  for  any  misde- 
meanor in  office;  but  judgment  in  all  such  cases  shall  not  be  extended 
further  than  to  removal  from  office  and  disqualification  to  hold  any  office 
of  profit,  honor  or  trust  under  this  constitution;  but  the  party,  whether 
acquitted  or  convicted,  shall  be  liable  to  indictment,  trial,  judgment  and 
punishment,  according  to  law. 

Legislator  subject  to  removal  only  by  members  of  same  house.  The  State,  ex  rel.,  v.  Gil- 
more,  20  K.  551. 

Judges  district  court  subject  to  impeachment  and  removal  by  legislature.  Falloon  v. 
Clark,  61  K.  125. 

Removal  of  unfaithful  public  officers  constitutional,  except  where  impeachment  applies. 
The  State,  ex  rel,  v.  Martin,  87  K.  817. 

§169.  Term.  §29.  At  the  general  election  held  in  eighteen  hundred 
and  seventy-six,  and  thereafter,  members  of  the  house  of  representatives 
shall  be  elected  for  two  years,  and  members  of  the  senate  shall  be  elected 
for  four  years. 

This  section  is  an  additional  section  to  article  2.  It  was  submitted  by  the  legisla- 
ture at  the  session  of  1875  (Laws  1875,  ch.  140),  and  was  adopted  by  the  people 
at  the  general  election  held  November  2,  1875. 


Annotated  Constitution  of  Kansas. 


619 


[§  169a.]  §  30.  The  Legislature  may  levy  a  permanent  tax  for  the  use 
and  benefit  of  the  state  educational  institutions  and  apportion  among  and 
appropriate  the  same  to  the  several  institutions,  which  levy,  apportionment 
and  appropriation  shall  continue  until  changed  by  statute.  Nothing 
herein  contained  shall  prevent  such  further  appropriation  by  the  legisla- 
ture as  may  be  deemed  necessary  from  time  to  time  for  the  needs  of  said 
state  educational  institutions. 

This  amendment  (new  in  subject-matter,  and  not  indicating  the  place  it  should 
occupy  in  the  constitution),  was  submitted  by  the  legislature  at  the  session  of  1917 
(ch.  352,  Laws  1917),  and  was  adopted  by  the  people  at  the  general  election,  held 
November  5,  1918.  It  enlarges  the  power  of  the  legislature  in  regard  to  appropria- 
tions, hence  is  placed  at  the  end  of  this  article  2.  This  section  is  noted  at  section  24 
of  this  article;  at  conclusion  of  article  6  and  following  article  II. 


ARTICLE  3.— Judicial. 


§1.  Judicial  power,   how  vested;    all  courts 
of   record   to  have   a  seal. 

2.  Supreme    court :    how    composed ;    quo- 

nim ;   term;  first  election. 

3.  Jurisdiction    of    supreme   court;    terms. 

4.  Officers  of  court  to  be  appointed;  terms. 

5.  Judicial   districts;    one  judge   in   each; 

term ;   duties. 

6.  Jurisdiction   of   district   courts. 

7.  Clerks   of   district   court ;    terra. 

8.  Probate    courts;    jurisdiction;    to    con- 

sist  of   one  judge;    elected;    compen- 
sation. 

9.  Justices   of   the   peace;    term;    powers; 

number. 

10.  Appeals  to  district  court. 

11.  Election   of  judicial  officers;   vacancies, 

how   filled. 


§12.  Judicial   officers   to   hold   until   succes- 
sors  have   qualified. 

13.  Salaries    not    to    be    increased    during 

term ;    not    to    receive   fees ;    not    to 
practice  law. 

14.  Judicial  districts  may  be  increased  in 

number;    not    to   vacate    any    office. 

15.  Removal   of  justices  and  judges. 

16.  Jurisdiction  at  chambers;   to  be  regu- 

lated by  law. 

17.  Style  of  process;    authority  for  prose- 

cution. 

18.  Judifial   districts. 

19.  Counties  may  be  attached  for  judicial 

purposes. 

20.  Judges   pro   tempore   in   certain  cases. 


§  170.  Judicial  Power.  §  L  The  judicial  power  of  this  state  shall  be 
vested  in  a  supreme  court,  district  courts,  probate  courts,  justices  of  the 
peace,  and  such  other  courts,  inferior  to  the  supreme  court,  as  may  be 
provided  by  law;  and  all  courts  of  record  shall  have  a  seal,  to  be  used  in 
the  authentication  of  all  process. 

Courts  of  appeals,  quo  warranto,  concurrent  jurisdiction  with  supreme  court.     The  State. 

ex  ret.,  v.  Kelly,  2  K.  A.  179. 
Courts  for  trial  of  contested  elections  authorized  by  the  constitution.      Steele  v.   Martin, 

6  K.  430. 

Valuation  of  propertv  for  taxation  not  judicial  power  for  courts.  Auditor  of  State  v. 
A.  T.  &  S.  F.  Railroad  Co.,  6  K.  500. 

Whether  judicial  power  may  be  conferred  on  city  council,  discussed.  Anthony  v.  Haider- 
man,  7  K.  64. 

Power  of  supreme  court  to  make  rules  governing  appeals,  discussed.     Coleman  v.  Newby. 

7  K.  82. 

"Boards   of   appraisers   and    assessors"    does   not   exercise  judicial   powers.      Amrine   and 

Russell  V.  K.  P.  R.  R.  Co.,  7  K.  183. 
Supreme  court  can  exercise  only  judicial  and  power   incident  thereto.      Wilson  v.   Price- 
Raid  Aud.  Com.,  31  K.  258. 
Courts  provided  by  constitution  and  provided  by  law,  two  classes.     Matthews  v.  Comm'rs 

of  Shawnee  County,   34   K.  610. 
Supreme  court  may  protect  its  jurisdiction,  process,  orders,  judgments,  etc.     C.  K.  &  W. 

Rid.  Co.  V.  Comm'rs  of  Chase  County,   42   K.  223. 
Dissenting   opinion. — Proper   place   and   functions   of   judiciary   discussed.      In   re    Gunn, 

Petitinner,  50  K.  220. 
County  attorney   cannot  commit,   for  contempt,   witness  refusing  to  testify.      In   re  Sims. 

Petitioner.  54  K.   1. 
Notarv   public   cannot   commit,   for  contempt,   witness  refusing  to   testify.      In   re  Huron. 

58  K.  152. 
Legislature   had  power  to   create   circuit   court   of   Shawnee  county.      Morris   v.    Bunyan. 

58  K.  212. 
Investigating   committee   cannot   imprison   witness   for   refusal   to    testify.      In    re   Davis, 

58  K.  374. 

Authentication    is   mandatory;    order   of   sale   without   seal   Is   void.      Gordon   v.    Bodwell. 

59  K.   52. 

Court  of  Topeka  lawfullv  created  under  provisions  of  this  section.  Chesney  v.  McClintock. 
61  K.  99. 


620  Appendix  B. 

Court  of  visitation  combined  legislative,  executive  »ud  judicial  functions,  unconstitu- 
tional.    The  State  v.  Johnson,  61  K.  811, 

State  board  of  medical  registration  and  esamination  not  Judicial  tribunal.  Meffert  v. 
Medical  Board,   66  K.  710 

Rule  when  seal  omitted  does  not  apply  to  clerk's  signature.     Aultman  v.  "Wier,  67  K.  675. 

Probate  court,  judicial  tribunal,  may  commit  girls  to  industrial  school.  In  re  Gassaway, 
70  K.  696. 

Original  and  appellate  jurisdiction  in  disbarment  proceedings,  discussed.  In  re  Burnett*, 
73  K.   616. 

Section   does  not  authorize  creation   of   court  by   special   act.     The    State  v.   Nation,    78 

.      K.   399. 

Police  judge  not  repository  of  judicial  power  under  this  section.      The  State  v.  Keener, 

78  K.  649. 

Constilution  does  not  prohibit  more  than  one  judge  in  district.     The  State  v.  Hutchings, 

79  K.  191. 

Notice  in  disbarment  not  process  within  meaning  of  this  section.     In  re  Wilson,  79  K.  452. 
Conferring  power   on   county   boards   to   extend   corporate   limits,    constitutional.      Nash   v. 
Glen  Elder,  81  K.  446. 

§  171.  Supreme  Court.  §  2.  The  supreme  court  shall  consist  of  seven 
justices,  who  shall  be  chosen  by  the  electors  of  the  state.  They  may  sit 
separately  in  two  divisions,  with  full  power  in  each  division  to  determine 
the  cases  assigned  to  be  heard  by  such  division.  Three  justices  shall  con- 
stitute a  quorum  in  each  division,  and  the  concurrence  of  three  shall  be 
necessary  to  a  decision.  Such  cases  only  as  may  be  ordered  to  be  heard 
by  the  whole  court  shall  be  considered  by  all  the  justices,  and  the  concur- 
rence of  four  justices  shall  be  necessary  to  a  decision  in  cases  so  heard. 
The  justice  who  is  senior  in  continuous  term  of  service  shall  be  chief  jus- 
tice, and  in  case  two  or  more  have  continuously  served  during  the  same 
period  the  senior  in  years  of  these  shall  be  chief  justice,  and  the  presiding 
justice  of  each  division  shall  be  selected  from  the  judges  assigned  to  that 
division  in  like  manner.  The  term  of  office  of  the  justices  shall  be  six  years, 
except  as  hereinafter  provided.  The  justices  in  office  at  the  time  this 
amendment  takes  effect  shall  hold  their  offices  for  the  terms  for  which  they 
were  severally  elected,  and  until  their  successors  are  elected  and  qualified. 
As  soon  as  practicable  after  the  second  Monday  in  January,  1901,  the  gov- 
ernor shall  appoint  four  justices,  to  hold  their  offices  until  the  second  Mon- 
day in  January,  1903.  At  the  general  election  in  1902  there  shall  be  elected 
five  justices,  one  of  whom  shall  hold  his  office  for  two  years,  one  for  four 
years,  and  three  for  six  years.  At  the  general  election  in  1904  and  every 
six  years  thereafter,  two  justices  shall  be  elected.  At  the  general  election 
in  1906  and  every  six  years  thereafter,  two  justices  shall  be  elected.  At 
the  general  election  in  1908  and  every  six  years  thereafter,  three  justices 
?hall  be  elected. 

This  section  was  submitted  by  the  legislature  at  the  session  of  1899  (L.  1899,  ch. 
314),  find  was  adopted  by  the  people  at  the  general  election  held  in  November,  1900. 
Original  section  2  was  as  follows : 

"§  2.  The  supreme  court  shall  consist  of  one  chief  justice  and  two  associate 
justices  (a  majority  of  whom  shall  constitute  a  quorum),  who  shall  be  elected  by  the 
electors  of  the  state  at  large,  and  whose  term  of  office,  after  the  first,  shall  be  six 
years.  At  the  first  election,  a  chief  justice  shall  be  chosen  for  six  years,  one  associate 
justice  for  four  years,  and  one  for  two  years." 

§  172.  Jurisdiction  and  Terms.  §  3.  The  supreme  court  shall  have 
original  jurisdiction  in  proceedings  in  quo  warranto,  mandamus,  and  habeas 
corpus;  and  such  appellate  jurisdiction  as  may  be  provided  by  law.  It 
.shall  hold  one  term  each  year  at  the  seat  of  government  and  such  other 
terms  at  such  places  as  may  be  provided  by  law,  and  its  jurisdiction  shall 
be  coextensive  with  the  state. 

.Jurisdiction   in   quo   warranto    not   exclusive;    courts   of   appeals   concurrent.      The  State, 

ex  rel.,  v.  Kelly,  2  K.  A.  185 
Constitutional    jurisdiction    not    abolished    when    writ    of    quo    warranto    abolished.      The 

State,  ex  rtl,  v.  Allen,  5  K.  213. 
Jurisdiction  of  supreme  court  limited  to  jurisdiction  specified  herein.     Auditor  of  State  v. 

A.  T.  &  S.  P.  Railroad  Co.,  6  K.  500. 
.Supreme  court  has  appellate  jurisdiction  in  divorce.     Ulrich  v.  Ulrich,  8  K.  408. 


Annotated  Constitution  of  Kansas.  621 

Orders  reviewable  by   supreme   court   under   civil  code,   discussed.      McCulloch  v.   Dodge, 

8  K.  476. 
Jurisdiction  given  to  one  court  not  necessarily  exercised  exclusively.     Shoemaker  v.  Brown, 

10  K.  391. 
Supreme  court  has  appellate  jurisdiction  only  as  provided  by  law.     City  of  Leavenworth 

V.  Weaver,  26  K.  393. 
Quo    warranto    jurisdiction     conferred;     jurisdiction     as    understood     when     constitution 

adopted.     The  State,  fx  rel..  v.  Wilson,  30  K.  665 
Original    and    appellate   jurisdiction   defined   and   construed.      Wilson   v.    Price-Raid   Aud. 

Com.,    31    K.    258. 
Municipal  corporation  ousted  from  power  usurped,  by  quo  warranto.     The  State,  ex  rel., 

v.  City  of  Topeka,  31  K.  454. 
Suprera"   court    lias    no    original   jurisdiction    in    suits   for    injunction.      Foster   v.    Moore, 

32  K.  485. 
Quo  warrnnto  lies,  to  great  extent,  in  discretion  of  court.     Tarbox  v.  Sughrue,  36  K.  225. 
Supreme  court  in  protecting  jurisdiction  may  prohibit  or  restrain  acts.     C.  K.  &  W.  Rid. 

Co.  V.  Comm'rs  of  Chase  County,  42  K.  224. 
Dissenting    opinion. — Cited,    showing    proper    place    and    functions    of    judiciary.      In    re 

Gunn,  PetUioner,  50  K.  220. 
Writ   of  error   coram   nobis,   only  district  court  has  jurisdiction.      The   State  v.   Calhoun, 

50  K.  532. 
Jurisdiction  of  supreme  court  upon  expiration  of  court  of  appeals.      Railway  Co.  v.  Morris, 

65  K.   535. 
Trial  de  novo  in  supreme  court  is  not  appellate  jurisdiction.     In  re  Burnette,  73  K.  616. 
Supreme   court   restrains   acts   or   appoint   receiver  to  protect   jurisdiction.      The    State   v. 

Brewing  Association,  76  K.  188. 
Supreme  court  has  common-law  jurisdiction  in  quo  warranto.     The  State  v.  Brewing  As- 
sociation, 78  K.  189. 
Election    contest   triable   by  senate;    supreme   court  jurisdiction  only   concurrent.      Yeager 

V.  Aikman,   80  K.  663. 
Quo  warranto  dismissed,  plaintiff  had  pursued  remedy  in  contest  court.     Little  v.  Davis, 

80  K.  781. 
Whether  action  named  quo  warranto  or  mandamus  of  little  consequence.     Fee  v.  Richard- 
son, 82  K.  191. 
Dissenting    opinion. — What   constitutes   plain    and    adequate   remedy    at    law.      Capper    v. 

Stotler,  88  K.  405. 
Mandamus    may   be   exercised    to   control    action    of    inferior    courts.      Bishop    v.    Fischer, 

94  K.  108." 
Legislature  determines  appellate  jurisdiction  of  supreme  court  under  this  section.     State  v. 

Coletti,  102  K.  526. 

§  173.  Reporter  and  Clerk.  §  4.  There  shall  be  appointed,  by  the 
justices  of  the  supreme  court,  a  reporter  and  clerk  of  said  court,  who  shall 
hold  their  offices  two  years,  and  whose  duties  shall  be  prescribed  by  law. 

§  174.  District  Judges.  §  5.  The  state  shall  be  divided  into  five 
judicial  districts,  in  each  of  which  there  shall  be  elected,  by  the  voters 
thereof,  a  district  judge,  who  shall  hold  his  office  for  the  term  of  four  years. 
District  courts  shall  be  held  at  such  times  and  places  as  may  be  provided 
by  law. 

Term  of  district  judges  may  not  be  extended  by  legislature.     The  State,    ex  rel.   Goodin, 

V.  Thoman,  10  K.  197. 
Removal  from  state  with  intention  to  remain  absent  creates  vacancy.     Bawden  v.  Stewart, 

14  K.  355. 
Case  of  The  State,  ex  rel.  Goodin,  v.  Thoman,  supra,  followed.     Peters  v.  Board  of  State 

Canvassers.    17  K.  365. 
Attaching  one  county  to  another  for  judicial  purposes,    considered.     The   State  v.   Ruth, 

21  K.  583. 
Court  in  only  one  place  in  dis<^rict  at  a  time.     In  re  Millington,  Petitioner,  24  K.  224. 
District    may   be   changed    although    it   terminate   office    of   judge.       Aikman   v.    Edwards. 

55  K.   754. 
Appointment    of    judpes    by    governor    for    exceptional    term,    held    valid.      The    State    v. 

Andrews.   64  K.  474. 
More    than    one   judge    to    a    judicial    district    not    prohibited.      The    State    v.    Hutchings, 

79  K.   199. 
Appointee  of  governor  hold  office  only  until  next  regular  election.     The  State  v.  Holcomb, 

83  K.  259. 
Judges  elected  at  regular  election  hold  office  for  four  years.     The  State,   ex  rel.,  v.  Ho! 

comb.  87  K.  511. 

§  175.  Jurisdiction.  §  6.  The  district  court  shall  have  such  jurisdic- 
tion in  their  respective  districts  as  may  be  provided  bj'  law. 

Judicial   functions  exercised  by  others  than   judge   of  district   court.     Young  v.   Ledrick, 

14  K.  92. 
Exclusi^p  i'Tis'iif-tinn  nf  certain  matters  conferred  on  justice  of  peace.     Evans  and  Nelson 

V.  Adams,  21  K.  122. 


622  Appendix  B. 

Courts  of  record  have  inherent  power  to  punish  for  contempt.    In  re  Millington,  Petitioner, 

24  K.  221. 
Original   and   appellate  jurisdiction   not  limited  as   supreme  court.      Wilson  v.   Price-Raid 

Aud.  Com.,  31  K.  259. 
Creaiion  of  courts  wi'h   concurrent  jurisdiction  in   certain  cases,   constitutional.     A.  T.   & 

S.  F.  Rid.  Co.  V.  Rice.  36  K.  593;  Morris  v.  Bunyan,  58  K.  212. 
•Jurisdiction    general    except    matters    withheld   or    ceded    to    another    tribunal.      Manley   ▼. 

Park.  62  K.  557. 
Extent  of  jurisdiction  is  left  to  legislature.     The  State  v.  Jack,  69  K.  392. 
Jurisdiction  of  district  courts  in  rivil  matters  confined  to  district.     In  re  Jewett,  69  K.  836. 
Naturalization,   jurisdiction   of   district    court   restricted   to   county   where   sitting.      United 

States  V.  Johnson,   181  Fed.  429. 

§  176.  Clerk.  §  7.  There  shall  be  elected  in  each  organized  county  a 
clerk  of  the  district  court,  who  shall  hold  his  office  two  years,  and  whose 
duties  shall  be  prescribed  by  law. 

Section    apparently    contemplates    that   every   organized   county   have   district    court.       The 
State,  ex  rel.,  v.  Osborn,  Judge,  36  K.  533. 

§  177.  Probate  Court;  Judge  Pro  Tem.  §8.  There  shall  be  a  probate 
court  in  each  comity,  which  shall  be  a  court  of  record,  and  have  such 
probate  jurisdiction  and  care  of  estates  of  deceased  persons,  minors,  and 
persons  of  unsound  minds,  as  may  be  prescribed  bv  law,  and  shall  have 
jurisdiction  in  cases  of  habeas  corpus.  The  court  shall  consist  of  one  judee, 
who  shall  be  elected  by  the  qualified  voters  of  the  county,  and  hold  his 
office  two  years.  He  shall  hold  court  at  such  times  and  receive  for  com- 
pensation such  fees  or  salary  as  may  be  prescribed  by  law.  The  lesrislature 
may  provide  for  the  appointment  or  selection  of  a  probate  judcre  pro  tern. 
when  the  probate  judsre  is  unavoidably  absent  or  otherwise  unable  or  dis- 
qualified to  sit  in  any  case. 

This  sec'ion  was  suhmi'ted  bv  the  le?islature  at  the  session  of  1905  (Tj.  190t,  ch. 
544),  and  was  adopted  by  the  people  at  the  election  held  in  November,  1906.  Original 
section  8  was  as  follows: 

"§  8.  There  shall  be  a  proba*e  court  in  e.ach  county,  which  shall  be  a  court  of 
record,  and  have  such  probate  jurisdiction  and  care  of  estntfs  of  deceased  persons, 
minors,  and  persons  of  unsound  mmds.  as  mny  be  presfvibed  by  law;  and  sh"!!  have 
j'lris'liction  in  c^ses  of  h.nbens  corpus.  This  court  shall  consist  of  one  judge,  who 
shall  be  elected  by  the  qualified  voters  of  the  county,  and  hold  his  office  two  years. 
He  shall  be  his  own  clerk,  and  shnll  hold  court  at  such  times  and  receive  for  com- 
pensation such  fees  as  may  be  prescribed  by  law." 

Prob-'te  courts  have  complete  jurisdiction  of  settlement  of  estates.      Shoemaker  v.  Brovrn, 

10  K.  P93. 
Powers  siven  probate  judge  in  sale  of  school  lands,  va'id.      In   re  .Johnson,   12  K.   10". 
Powers   of   probate   courts   only   those   specifically    conferred    by   statute.      Carr   v.    Catlin, 

13  K.  404. 

Probate  judge  may  receive  judicial  powers  other  than  granted  herein.     Young  v.  Ledrick, 

14  K.  9^. 

Prob-'tf    ju'l^e   has   no    court   officers;    his   own   presence   sufficient.      Brubaker   v.    Jones, 

23  K.  415. 
Legislniure   m-^y   conf<»r  other    powers   than   herein   specified.       (Druggist's   permit.)      In- 

tov'fating  Jjiquor  Cases.  25  K.   758. 
Proceedings    of   probate    court    within    jurisdiction   presumed   to   be    regular.      Houbert   v. 

Heile,   47   K.  65. 
Legislature  mav  provide  additional  duties  and  additional  compensation  for  same.     Comm'rs 

of  Miami   Co.  v.  ColVns,   47   K.   419. 
Case  of  Houbert  v.  He>  le,  nvpra.  followed.     Higgins  v.  Reed.  48  K.  280. 
Jur-'^d'ction    of    district    court,    actions    against    foreign    executors,    not    unconstitutional. 

Manley  v.   Park,  62  K.  555-7. 
Probate  jud?e  not  necessarily  entitled  to  all  fees  he  collects.     Campbell  v.  Labette  County, 

63  K.  379. 
Cour»    rannot    order    ward's   money    applied    on    judgment    against    guardian.      Harter   v. 

M'ller.   67  K.  469. 
Legislature  empowered  probate  court  to  commit  girls  to  industrial  school.     In  re  Gassaway, 

70  K.  695. 
Probate    court    has    full    authority    over   the   estate    of    insane    person.      Foran    v.    Healy, 

73  K.  642. 
Probate   court   has   inherent   power   to   punish    summarily   for   contempt.      In    re   Hanson, 

80  K.  784. 
Probate  court   cannot  determine  title  to  conclude  persons   claiming   adversely.      Byerly  t. 

End  e,  95  K.  403. 
Qualifiedly,   probate   court   may   approve  partition  by   insane  person's   guardian.      Bennett 

V.  Arrowsmith,   101  K.  144. 


Annotated  Constitution  of  Kansas.  623 

§  178.  Justices  of  the  Peace.  §  9.  Two  justices  of  the  peace  shall 
be  elected  in  each  township,  whose  term  of  office  shall  be  two  years,  and 
whose  powers  and  duties  shall  be  prescribed  by  law.  The  number  of  jus- 
tices of  the  peace  may  be  increased  in  any  township  by  law. 

Justice  of  peace,  jurisdiction  in  connection  with  prohibitory  law,  discussed.  The  State  v. 
ADphin.  2   K.  A.   33. 

.Justice  of  the  peace  holds  office,  until  successor  is  qualified.     Borton  v.  Buck,  8  K.  307. 

Election  of  justice  of  the  peace  for  unexpired  term,  considtred.     Odell  v.  Dod?e,  16  K.  446. 

Justices  of  the  peace  given  exclusive  jurisdiction  in  certain  cases.  Evans  and  Nelson  v. 
Adams,  21  K.  119. 

Justice  of  the  peace  must  hold  trial   within  his  township.      Phillips  v.   Thralls,   26  K.   781. 

Proceedings  of  justice  of  peace  outside  his  township  are  void.  A.  T.  &  S.  F.  Rid.  Co.  v. 
Rice.  36  K.  .'597. 

Jurisdiction  of  justice  of  peace  in  cities,  coextensive  with  county.  The  State,  ex  rel.,  v. 
Parry,  52  K.  7. 

Jurisdiction  of  justice  of  peace  may  be  materially  restricted.     In  re  Greer,  58  K.  268. 

.Jurisdiction  purelv  statutorj-,  will  not  be  extended  beyond  express  terms.  Sims  v.  Ken- 
nedy, 67  K.  385. 

§  179.  Appeals.  §  10.  All  appeals  from  probate  courts  and  justices  of 
the  peace  shall  be  to  the  district  court. 

Meaning  of  "appeals"  as  used  herein,  construed  and  dpfined.     Crane  v.  Giles,  3  K.  54. 
No  appeal  from  justice  of  the  peace  to  supreme  court.     The  State  v.  Harpster,  15  K.  Z12. 

§180.  Election  of  Judicial  Officers.  §11.  All  the  judicial  officers 
provided  for  by  this  artic'e  shall  be  elected  at  the  first  election  under  this 
constitution,  and  shall  reside  in  their  respective  townships,  counties  or  dis- 
tricts during  their  respective  terms  of  office.  In  case  of  vacancy  in  any 
judicial  office,  it  shall  be  filled  by  appointment  of  the  governor  until  the 
next  regular  election  that  shall  occur  more  than  thirty  days  after  such 
vacancy  shall  have  happened. 

"Regular  election"   means   next  election  held  conformable  to   established  law.      The   State 

ex  rel..  v.  Cobb.  2  K.  4  9. 
Fa'lure  to  elect  justice  of  peace  dnps  not  vacate  office.      Borton  v.  Buck,   8  K.  302. 
When  fixed  term  expires  election  held  to  elect  successor,  valid.     The  State,  ex  rel.,  v.  Tho- 

man.   in  K.    191. 
Vacancv  wh'-n  township  divided  and  justice  thrown  into  new  township.     Frazer  v.  Miller, 

12  K.  459. 
Vacancy    is    created   where    district   judge   removes   permanentlv   from    state.      Bawden   v. 

Stewart,   14  K.   364. 
Time  d'sfrict  judges  elpcted  and  term  for  which  elected,   considered.     Peters  v.  Board   of 

State  Canvassers.   17  K.  365;   Smith  v.  Holt,  24  K.  771. 
Resignation  accepted  upon  cond't'on,  ofBce  not  vacant  until  condition  fulfilled.     The  State, 

?T   rel..  V.  Clayton,   27   K.  443. 
Election   for  judge  held  whfn  no  election  provided  for,  invalid.     Matthews  v.   Coram'rs  of 

Shawnee  County,  34  K.  606. 
Justice  of  peace  elected  at  regular  city  election  in  cities.     Ward  v.   Clark,   35   K.  315. 
Justice  of  peace  cannot  entertain  criminal  complaint  outside  his  township.     A.  T.  &  S.  F. 

Rid.  Co.  V.  Rice,  36  K.  596. 
Qualification  of  successor  terminates  right  of  incumbent  to  hold  over.     The  State,  ex  rel., 

V.  Albert.  55  K.  158. 
Special   terms   filled  bv   appointment   in   readjusting  terms,   held  valid.      Wilson   v.    Clark, 

63  K.   505:   The   State  v.  Andrews,   64   K.  488. 

"Regular    election"    means    election    for    filling    that    class    of    offices.      Mclntvre    v.    Iliff, 

64  K.  747. 

Appointee    holds   until   election    for   filling   that    class    of   offices.      The    State   v.    Holcomb, 

83  K.  258. 
"Regular   election"    in    anv    district   makes    election    "regular"    in    all.      Wendorflf   v.    Dill, 

S3  K.  78"^ 
Judge  elected  at  "next  regular   election"   elected  for  regular  term  quoted.      The   State  v. 

Holcomb.  87  K.  512. 

§  181.    Terms.    §  12.    All  judicial  officers  shall  hold  their  offices  until 
their  successors  shall  have  qualified. 

Justice  of  peace  holds  office  until  his  successor  is  qualified.     Borton  v.  Buck,  8  K.  302. 
Justice    succeeding    himself,    failing    to    qualify,    remains    justice    de    jure.      Rheinhart    v. 

State,   14  K.  318. 
Resignation    Incomplete    until    successor   qualified   when    so    specified   in    acceptance.      The 

S«ate,  ex  rel..  v.  Clayton,  27  K.  443. 
Qualification  of  successor  terminates  right  of  incumbent  to  hold  over.     The  State,  ex  rel.. 

V.  Albert.  55  K.   158. 
The  terms  "elected  and  oualified"  and  "qualified,"  discussed  and  distinguished.     The  State 

V.  Andrews,  64  K.  495. 
Elections  postponed,   mpans  of  filling  offices  not  provided,   incumbents  hold  over.      Pruitt 

V.  Squires,  64  K.  861. 


624  Appendix  B. 

§  182.  Compensation  of  Judges.  §  13.  The  justices  of  the  supreme 
court  and  judges  of  the  district  court  shall,  at  stated  times,  receive  for  their 
services  such  compensation  as  may  be  provided  by  law,  which  shall  not  be 
increased  during  their  respective  terms  of  office:  Provided,  Such  compen- 
sation shall  not  be  less  than  fifteen  hundred  dollars  to  each  justice  or  judge, 
each  year,  and  such  justices  or  judges  shall  receive  no  fees  or  perquisites 
nor  hold  any  other  office  of  profit  or  trust  under  the  authority  of  the 
state,  or  the  United  States,  during  the  term  of  office  for  which  such  justices 
and  judges  shall  be  elected,  nor  practice  law  in  any  of  the  courts  in  the 
state  during  their  continuance  in  office. 

Provision  concerning  not  holding  other  office,  considered  and  applied.     The  State,  ex  re/., 

V.  Cobb,  2  K.  27. 
Where  official  term  fixed,  election  to  fill  next  term  valid.     The   State,   ex  rel.  Goodin,  v. 

Thoman,   10  K.  194. 
Except   in  these  cases,  legislature  may  increase  or  diminish  salaries.     Harvey,  Treae.,  v. 

Comm'rs  of  Rush  County,   32   K.   162. 
Acting  as  district  court  and  magistrate  independent  of  court,   considered.     The  State  v. 

Forbriger,   34  K.   7. 
Judge  violating  this  section  held  to  be  de  facto  judge.     Railway  Co.  v.  Preston,  63  K.  822. 
During   his   term   judge  performs    all    duties   without   increased   compensation.      Moore   v. 

Nation,  80  K.  687. 

§  183.  JuDici.\L  Districts.  §  14.  Provision  may  be  made  by  law  for 
the  increase  of  the  number  of  judicial  districts  whenever  two-thirds  of  the 
members  of  each  house  shall  concur.  Such  districts  shall  be  formed  of 
compact  territory  and  bounded  by  county  lines,  and  such  increase  shall  not 
vacate  the  office  of  any  judge. 

Attaching  unorganized   territory   to  judicial   district  for   judicial  purposes,   valid.      In   re 

Holcomb,  Petitioner,  21  K.  633. 
Legislative   journals    consulted    to    determine    whether    two-thirds    of    members   concurred. 

7n  re  Vanderberg,  Petitioner,  28  K.  253. 
Legislature  may  abolish  district  by  transferring  counties,  during  judge's  term.     Aikman 

V.   Edwards,  55  K.  751. 
"Two-thirds"  concurrence  required  by  this  section,  considered.     Railway  Co.  v.   Simons, 

75  K.  130. 
County   not  divided,  but  may  have  more  than  one  judge.     The   State  v.   Hutchings,   79 

K.  199. 

§  184.  Removal  of  Judges.  §  15.  Justices  of  the  supreme  court  and 
judges  of  the  district  courts  may  be  removed  from  office  by  resolution  of 
both  houses,  if  two-thirds  of  the  members  of  each  house  concur.  But  no 
such  removal  shall  be  made  except  upon  complaint,  the  substance  of  which 
shall  be  entered  upon  the  journal,  nor  until  the  party  charged  shall  have 
had  notice  and  opportunity  to  be  heard. 

District   judge   removable  onlv   by    impeachment   or   method   herein   provided.      Falloon   v. 
Clark,  61  K.  121. 

§  185.  Jurisdiction  at  Chambers.  §  16.  The  several  justices  and 
judges  of  the  courts  of  record  in  this  state  shall  have  such  jurisdiction  at 
chambers  as  may  be  provided  by  law. 

Injunction   granted   and  charge  for  violation  thereof   heard   at   chambers.     The   State  v. 

Cutler,   13  K.  134. 
Punishment  for  contempt;  powers  granted  to  "court"  and  "judge"  distinguished.     In  r< 

Millinarton,  Petitioner,  24  K.  221. 
Charge  of  violating  writ  of  mandamus  improperly  heard  at  chambers.     The  State,  ex  rel., 

V.  Stevens,  40  K.  113;  In  re  Price,  Petitioner,  40  K.  156. 
Attachment  against  person  of  judgment  debtor  properly  issued  at  chambers.     In  re  Heath. 

Petitioner,  40  K.  337. 
Journal  entry  impropeily  amended  at  chambers  to  defeat  "former  jeopardy."     The  State  v. 

Start,  62  K.  114. 
Legislature  may  properly  provide  for  investigation  before  judge  at  chambers.     The  State 

V.  .lack,   69  K.  392. 
Judge  has  no  jurisdiction  in  habeas  corpus  outside  his  district.     In  re  Jewett,  69  K.  836. 

§  186.  Process.  §  17.  The  style  of  all  process  shall  be  "The  State  of 
Kansas,"  and  all  prosecutions  shall  be  carried  on  in  the  name  of  the  state. 

Writ  of  mandamus  must  issue  in  name  of  the  state.     The  State,  ex  rel.,  v.  Comm'rs  of 
.InfForson  County,   11   K.  71. 


Annotated  Constitution  of  Kansas. 


625 


Addition  of  the  county  after  the  state  does  not  invalidate.     Truitt  v.  Baird,  12  K.  422. 
Violation  of  city  ordinances  prosecuted  in  name  of  the  city.     City  of  Emporia  v.  Volmer. 

12  K.  628. 
"Process"  as  herein  prescribed  does  not  apply  to  disbarment  proceedings.     In  re  Wilson, 

79  K.  452. 
Notice  to  obtain  service  by  publication  is  not  "process."     McKenna  v.  Cooper,  79  K.  847. 

§  187.  Districts.  §  18.  Until  otherwise  provided  by  law,  the  first 
district  shall  consist  of  the  counties  of  Wyandotte,  Leavenworth^  Jefferson 
and  Jackson.  The  second  district  shall  consist  of  the  counties  of  Atchison, 
Doniphan,  Brown,  Nemaha,  Marshall  and  Washington.  The  third  district 
shall  consist  of  the  counties  of  Pottawatomie,  Riley,  Clay,  Dickinson,  Davis, 
Wabaunsee  and  Shawnee.  The  fourth  district  shall  consist  of  the  counties 
of  Douglas,  Johnson,  Lykins,  Franklin,  Anderson,  Linn,  Bourbon  and 
Allen.  The  fifth  district  shall  consist  of  the  counties  of  Osage,  Coffey, 
Woodson,  Greenwood,  Madison,  Breckenridge,  Morris,  Chase,  Butler  and 
Hunter. 

§  188.  Unorg.^nized  Counties.  §  19.  New  or  unorganized  counties 
shall,  by  law,  be  attached  for  judicial  purposes,  to  the  most  convenient 
judicial  district. 

W'hether  organized  county  may  be  attached  to  convenient  district,  considered.     The  Stats 

V.   Ruth,   21  K.  588. 
Legislature  may  attach  undivided  territory  to  adjoining  judicial  district.     In  re  Holcomb, 

Petitioner,  21  K.  634. 
When  county  organized  before  trial  defendant  should  be  tried  there.     The  Stale  v.  Bunter, 

38  K.  741. 
Placing  organized  county  in  district  carries  with  it  attached  territorj-.     In  re   Schurman, 

Petitioner,  40  K.  533. 

§  189.  Judge  Pro  TE:\r.  §  20.  Provision  shall  be  made  by  law  for  the 
selection,  by  the  bar,  of  a  pro  tern,  judge  of  the  district  court,  when  the 
judge  is  absent  or  otherwise  unable  or  disqualified  to  sit  in  any  case. 

•Judsre   pro    tern,    ordered   instead   of   change   of   venue,    error.      Kansas   Pac.   Rly.    Co.    t. 

Reynolds,  8  K.  628. 
Defendant  entitled  to  judge  pro  tern,  ■when  regular  judge  is  prejudiced.     Peyton's  Appeal, 

12  K.  408. 
Objection  to  judge  pro  tern,  must  be  raised  at  trial.     Higby  v.  Ayres,  14  K.  338. 
Power  of  judge  pro  tern,  to  adjourn  court,  considered.     The  State  v.  Palmer,  40  K.  478. 
Judge  pro  tern,  from  another  district  held  de  facto  judge.      Railway  Co.  v.   Preston,   63 

K.  819. 
Judge  pro  trm.  may  be  selected  by  agreement  of  parties.     Chandler  v.  Chandler,  92  K.  357. 


ARTICLE  4.— Elections. 


Elections  by  people,  by  ballot;  by  legis- 
lature,  riva  voce. 

2.  Elections:  county  and  township  oflRcers. 

■1.  Public  officers  subject  to  recall;  remedy 
not  deemed  exclusive. 


petition; 
of     elec- 


51.  Elections  by  people,  by  ballot;  by  legis-        §4.   Petition    for    recall;    signing 

proceedings;  proclamation 
tion;  reasons  for  recall. 
5.  Recall  ballot;  canvassing  returns;  va- 
cancy exist,  to  be  filled  as  provided 
by  law. 

§  190.  Elections.  §  1.  All  elections  by  the  people  shall  be  by  ballot, 
and  all  elections  by  the  legislature  shall  be  viva  voce. 

Vote  "by  ballot,"  defined  and  considered      Taylor  v.  Bleakley,  55  K.  1. 

§191.  Elections;  County  and  Township  Officers.  §2.  General 
elections  and  township  elections  shall  be  held  biennially  on  the  Tuesday 
succeeding  the  first  Monday  in  November,  in  the  years  bearing  even  num- 
bers. All  county  and  township  officers  shall  hold  their  offices  for  a  term  of 
two  years  and  until  their  successors  are  qualified:  Provided,  One  county 
commissioner  shall  be  elected  from  each  of  three  districts,  numbered  1,  2. 
and  3,  by  the  voters  of  the  district,  and  the  legislature  shall  fix  the  time  of 
election  and  the  term  of  office  of  such  commissioners;  such  election  to  be 
at  a  general  election,  and  no  term  of  office  to  exceed  six  years.  All  officers 
whose  successors  would,  under  the  law  as  it  existed  at  the  time  of  their 
election,  be  elected  in  an  odd-numbered  year,  shall  hold  office  for  an  addi- 


40 — 778 


626  Appendix  B. 

tional  year  and  until  their  successors  are  qualified.  No  person  shall  hold 
the  office  of  sheriff  or  county  treasurer  for  more  than  two  consecutive 
terms. 

This  section  was  submitted  by  the  legislature  at  the  session  of  1901  (L.  1901,  ch. 
424),  and  was  adopted  by  the  people  at  the  election  held  in  November,  1902.  See 
69  K.  192.     The  original  section  was  as  follows: 

"§  2.  General  elections  shall  be  held  annually  on  the  Tuesday  succeeding  the  first 
Monday  in  November.  Township  elections  shall  be  held  on  the  first  Tuesday  in  April, 
until  otherwise  provided  by  law." 

"Regular"    and    "general"    elections,    defined    and    distinguished.      The    State,    ex    rel.,    v. 

Cobb,  2  K.  54;  Bond  v.  White,  8  K.  341. 
Election   held    to   fill   oftice   when   term   fixed,    held  valid.      The   State,    ex  rel.   Goodin,   v. 

Thoman,  10  K.  195. 
November  election  is  "general  election"  regardless  of  number  elected.     Morgan  v.  Comm'rs 

of  Pratt  County,  24  K.  73. 
Changing    time    of    electing    legislators    does    not    change    "general    election."      The    State, 

ex  rel.,  v.  Mechem,  31  K.  438. 
"General    election"    has    a    fixed    and    uniform    meaning.      The    State,    ex    rel.,    v.    Foster, 

36  K.  506. 
Postponement    of    elections    to    secure    uniformity    does    not   conflict   herewith.      "Wilson   v. 

Clark.  63  K.  505. 
"All   officers"    (amendment,    1902)    means   all   county    and   township    officers.      Griffith   v. 
Manning,  67  K.  560;  Fischer  v.  Moore,  69  K.  191. 

§192.  Recall  of  Public  Officers;  Provisions  Not  ExcLusn^.  §3. 
Every  public  officer  holding  either  by  election  or  appointment  is  subject  to 
recall  from  office  by  a  majority  of  the  electors  of  the  state  or  lesser 
electoral  division  for  which  elected  or  appointed,  voting  on  the  subject  at 
any  general  or  special  election,  but  the  provisions  hereof  shall  not  be 
deemed  exclusive  of  other  remedies  for  removal  from  office. 

See  note  following  section  5  hereof. 

§  193.  Petition  for  Election  ;  Proclamation  of  Election  ;  Ei-ec- 
TiON ;  Reasons  for  Recall.  §  4.  An  election  for  recall  shall  be  upon  peti- 
tions signed  by  at  least  ten  (10%)  per  cent  of  the  electors  of  the  state, 
qualified  to  sign,  for  the  recall  of  any  state  officer;  by  fifteen  (IS^/o)  per 
cent  of  the  electors  for  the  recall  of  an  officer  elected  by  a  district  less  than 
a  state  and  greater  than  a  county;  or,  for  an  officer  who  was  appointed  by 
him;  and  by  twenty-five  (25%)  per  cent  of  the  electors  qualified  to  sign, 
for  the  recall  of  an  officer  elected  in  a  county,  district  or  municipality 
within  the  county,  or  an  officer  who  was  appointed  by  any  such  officer 
elected.  Any  petition  for  recall  shall  certify  that  the  signers  thereto  are 
citizens  of  the  United  States  of  America  and  voted  for  the  officer  to  be  re- 
called, if  elected;  or,  for  the  officer  who  appointed  him  if  appointed,  at 
the  last  preceding  election  at  which  such  officer  was  elected.  The  petition 
shall  be  filed  with  the  authority  for  calling  elections  in  the  state  or  other 
electoral  division,  at  least  ninety  days  before  the  date  of  election,  and  the 
election  held  thereon  shall  be  called  within  thirty  days  after  filing  petition, 
and  be  proclaimed  at  least  sixty  days  before  the  date  of  holding.  The 
petition  and  proclamation  of  election  shall  state  in  not  more  than  two  hun- 
dred words  the  reasons  for  the  recall. 

See  note  following  section  5  hereof. 

§194.  Recall  Ballot;  Canvassing  Returns;  Vacancy  in  Office. 
§  5.  The  recall  ballot  shall  be,  Shall  the  named  officer  holding  the  named 
office  be  recalled,  and  the  provisions  of  law  for  holding,  canvassing  and 
certifying  returns  of  general  elections  shall  apply  to  recall  elections,  and 
if  the  vote  be  in  favor  of  the  recall  a  vacancy  in  the  office  shall  exist,  to  be 
filled  as  authorized  by  law. 

The  foregoing  three  sections  (sections  3,  4  and  5  hereof)  are  additional  eections  to 
article  4.  They  wore  submitted  by  the  legislature  nt  the  session  of  1913  (L.  1913,  ch. 
336),  and  were  adopted  by  the  people  at  the  general  election  held  November  3,  1914. 


Annotated  Constitution  of  Kansas.  627 

ARTICLE  5— Suffrage. 


§1.  Qualification  of   electors. 

2.  Classes  excluded. 

3.  Who  not  gain  or  lose  right. 

4.  Proofs  as  to  those  entitled  to  vote. 

5.  Dueling  to  disqualify  from  holding  office. 


§6.  Bribery  at  elections. 

7.  Privilege  of  electors  from  arrest. 

8.  Right  to  vote  or  hold  office  not  abridged 

on  account  of  sex. 


§  195.  Qualifications  op  Elector.  §  1.  Every  citizen  of  the  United 
States  of  the  age  of  twenty-one  years  and  upwards — who  shall  have  re- 
sided in  Kansas  six  months  next  preceding  any  election,  and  in  the  town- 
ship or  ward  in  wliich  he  or  she  offers  to  vote  at  least  thirty  days  next  pre- 
ceding such  election — shall  be  deemed  a  qualified  elector.  [Ch.  353 ;  Laws 
1917.] 

This  section  was  submitted  by  the  legislature  at  the  session  of  1917,  and  was 
adopted  by  the  people  at  the  election  held  November  5,  1918.  Original  section  1  was 
as  follows: 

"Sec.  1.  Every  [white]  [male]  person  of  twenty-one  years  and  upwards  be- 
longing to  either  of  the  following  classes — 'who  shall  have  resided  in  Kansas  six 
months  next  preceding  any  election,  and  in  the  township  or  ward  in  which  he  offers 
to  vote  at  least  thirty  days  next  preceding  such  election — shall  be  deemed  a  qualified 
elector.  1st,  citizens  of  the  United  States;  2d,  persons  of  foreign  birth  who  shall 
have  declared  their  intention  to  become  citizens  conformably  to  the  laws  of  the  United 
States  on  the  subject  of  naturalization." 

Annotations  to  original  section: 

The    word    "white,"    inclosed    in    brackets    where    it    occurs    in    this    section,    became 

obsolete  on  account  of  the  provisions  of  the  fifteenth  amendment  to  the  constitution 

of  the  United  States. 
The    word    "male,"    inclosed    in    brackets    where    it    occurs    in    this    section,    became 

obsolete  on  account  of  the  provisions  of  the  amendment  to  the  constitution  of  the 

state  of  Kansas  which  is  section  8  of  this  article. 
Residence  not  gained   while  in   state  in  employ  of  United  States.     Hunt  v.   Richards 

et  al,  4  K.  549. 
Persons  not  disqualified  simply  because  soldiers  or  officers  of  army.     Hunt  v.  Richards 

et  at,  4  K.  554. 
Person  must  be  resident  of  ward  at  least  thirty  days.     Anthony  v.  Halderman,  7  K.  62. 
Women  having  forpgoing  qualifications  may  vote  for  school-district  treasurer.     Wheeler 

v.  Brady,   15  K.  26. 
Elector  must  vote  in  township  or  ward  where  he  resides.     The  State,  ex  rel.,  v.  Stock, 

38  K.  180. 
Member    of    soldier's    home    not    deprived    from    gaining .  residence    there.       Cory    v. 

Spencer,  67  K.  651. 
State  officer  may  abandon  former  residence  and  gain  new  residence.     Uhls  v.  Allard, 

69  K.  827. 
Suffrage  not  abridged  by  statute.     Only  by  amending  constitution.     The  State,  ex  rel., 

V.  Doane,  98  K.  439. 

Annotations  to  new  section: 

Regardless  of  intention,  only  citizens  United  States  may  vote.     The   State,   ex  rel.,  v. 
Covell,  103  K.  754. 

§  196.  Who  Excluded.  §  2.  No  person  under  guardianship,  non  com- 
pos mentis,  or  insane;  no  person  convicted  of  felony,  unless  restored  to 
civil  rights;  no  person  who  has  been  dishonorably  discharged  from  the 
service  of  the  United  States,  unless  reinstated;  no  person  guilty  of  de- 
frauding the  government  of  the  United  States,  or  any  of  the  states  thereof ; 
no  person  guilty  of  giving  or  receiving  a  bribe,  or  offering  to  give  or  receive 
a  bribe;  and  no  person  who  has  ever  voluntarily  borne  arms  against  the 
government  of  the  United  States,  or,  in  any  manner  voluntarily  aided  or 
abetted  in  the  attempted  overthrow  of  said  government,  except  all  per- 
sons who  have  been  honorably  discharged  from  the  military  service  of 
the  United  States  since  the  first  day  of  -\pril,  a.d.  LSBl,  provided  that 
they  have  served  one  year  or  more  therein,  shall  be  qualified  to  vote  or 
hold  office  in  this  state,  until  such  disability  shall  be  removed  by  a  law 
passed  by  a  vote  of  two-thirds  of  all  the  members  of  both  branches  of  the 
legislature. 

This  section  was  submitted  bv  the  legislature  at  the  session  of  1867  (Senate  Journal 
1867,  p.  550),  and  was  adopted  by  the  people  at  the  election  held  November  5,  1867. 
Original  section  2   was  as  follows: 

"§  2.    No  person  under  guardianship,  non  compos  mentis  or  insane  shall  be  quali- 


628  Appendix  B. 

fied  to  vote;    noi-  any  person   convicted  of  treason  or   felony,    unless  restored  to   civil 
rights." 

Involuntary  service  in  rebel  army  does  not  render  candidate  ineligible.     Privett  v.  Stevens, 

25  K.  275. 
Eligible  If  disqualification  removed  after  election  but  before  taking  office.     Privett  v.  Bick- 

ford,  26  K.  52. 
Section  valid   under  section  10,   article  1,   United  States  constitution.      Boyd  v.  Mills,   53 

K.   594. 

§  197.  Who  Not  Gain  or  IjOSe  Right.  §3.  For  the  purpose  of  vot- 
ing, no  person  shall  be  deemed  to  have  gained  or  lost  a  residence  by  reason 
of  his  presence  or  absence  while  employed  in  the  service  of  the  United 
States,  nor  while  engaged  in  the  navigation  of  the  waters  of  this  state,  or 
of  the  United  States,  or  of  the  high  seas,  nor  while  a  student  of  any  semi- 
nary of  learning,  nor  while  kept  at  any  almshouse  or  other  asylum  at  public 
expense,  nor  while  confined  in  any  public  prison;  and  the  legislature  may 
make  provision  for  taking  the  votes  of  electors  who  may  be  absent  from 
their  townships  or  wards,  in  the  volunteer  military  service  of  the  United 
States,  or  the  militia  service  of  this  state;  but  nothing  herein  contained 
shall  be  deemed  to  allow  any  soldier,  seaman  or  marine  in  the  regular  army 
or  navy  of  the  United  States  the  right  to  vote. 

This  section  was  submitted  by  the  legislature  at  the  session  of  1864  (Laws  1864, 
ch.  45),  and  was  adopted  by  the  people  at  the  general  election  held  November  8, 
1864.     Original  section  3  was  as  follows: 

"§  3.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the  United  States  or 
of  their  allies,  shall  be  deemed  to  have  acquired  a  residence  in  the  state  in  conse- 
quence of  heing  stationed  within  the  same;  nor  shall  any  soldier,  seaman  or  marine 
have  the  right  to  vote." 

Soldier  not  disqualified,  but  presence  in  state  as  such  not  residence.     Hunt  t.   Richard* 

et  al.,  4  K.  549. 
Inmates   of   soldiers'    home    acquire   no   residence.       (See   following    case.)      Lawrenc*    t. 

Leidigh,  53  K.  594. 
Inmate  of  soldiers'  home  may  gain  residence  where  home  located.     Cory  t.  Spencerj   67 

K.  648. 

§  198.  Proof  of  Right.  §  4.  The  legislature  shall  pass  such  laws  as 
may  be  necessary  for  ascertaining  by  proper  proofs,  the  citizens  who  shall 
be  entitled  to  the  right  of  suffrage  hereby  established. 

Majority  of  votes  cast  presumed  will  of  majority  of  electors.     County  Seat  of  Linn  County, 

15  K.  500. 
Regis'rntion   law  of   1879   enacted   in  pursuance   hereof,   and  valid.      The   State  t.  Butts, 

31  K.  550. 

§  199.  Duelists.  §  5.  Every  person  who  shall  give  or  accept  a  chal- 
lenge to  fight  a  duel,  or  who  shall  knowingly  carry  to  another  person  such 
challenge,  or  shall  go  out  of  the  state  to  fight  a  duel,  shall  be  ineligible  to 
any  office  of  trust  or  profit. 

§  200.  Bribery.  §  6.  Every  person  who  shall  have  given  or  offered  a 
bribe  to  procure  his  election  shall  be  disqualified  from  holding  office  during 
the  term  for  which  he  may  have  been  elected. 

§  201.  Electors  Privileged.  §  7.  Electors,  during  their  attendance  at 
elections,  in  going  to  and  returning  therefrom,  shall  be  privileged  from 
arrest  in  all  cases  except  treason,  felony,  or  breach  of  the  peace. 

§  202.  Equal  Suffrage.  §  8.  The  rights  of  citizens  of  the  state  of 
Kansas  to  vote  and  hold  office  shall  not  be  denied  or  abridged  on  account 
of  sex. 

The  foregoing  section  is  an  additional  section  to  article  5.  It  was  submitted  by  the 
legislature  at  the  session  of  1911  (L.  1911,  ch.  337),  and  was  adopted  by  the  people 
»t  th«  general  election  held  November  5,  1912. 


Annotated  Constitution  of  Kansas. 


629 


ARTICLE  6.— Education. 


§6. 


Sundry  moneys   ai^plied  to  school  pur- 
poses. 

7.  State   university;    normal   schools;   uni- 

versity fund. 

8.  No    religious    sect    to    have    control    of 
school  or  university  funds. 

Board   of  commissioners  to  have  man- 
agement of  school  fund. 


9 


51.    State  and  county  superintendent;  term. 

2.  School   system. 

3.  Proceeds     of     certain     public     lands; 

other  sources  of  school   fund. 

4.  Distribution   of  school   fund   annually; 

no  state  funds   unless  three   months' 
school. 

5.  School    lands,    when    sold ;    revaluation 

once  in  live  years ;   leased,  when. 

§  203.  State  and  County  Superintendent.  §  1.  The  state  superin- 
tendent of  public  instruction  shall  have  the  general  supervision  of  the  com- 
mon-school funds  and  educational  interests  of  the  state,  and  performsuch 
other  duties  as  may  be  prescribed  by  law.  A  superintendent  of  public  in- 
struction shall  be  elected  in  each  county,  whose  term  of  office  shall  be  two 
years,  and  whose  duties  and  compensation  shall  be  prescribed  by  law. 

Women  cannot  vote  for  either  state  or  county  superintendent.  Winans  v.  Williams, 
5  K.  227.  ^    „„ 

Woman  may  vote  for  school-district  treasurer  in  this  state.     Wheeler  v.  Brady.  15  K.  27. 

Women  are  eligible  to  office  of  county  superintendent.     Wright  v.  Noell,  16  K.  601. 

County  superintendent  chosen  by  voters  of  entire  county.  The  State,  ex  rel.,  v.  Doane, 
98  K.  438. 

Duties  of  countv  superintendent  are  imposed  by  the  legislature.  Bunning  v.  Shawnee 
County,  104  K.  480. 

§  204.  Schools.  §  2.  The  legislature  shall  encourage  the  promotion 
of  intellectual,  moral,  scientific  and  agricultural  improvement,  by  establish- 
ing a  uniform  system  of  common  schools,  and  schools  of  a  higher  grade, 
embracing  normal,  preparatory,  collegiate  and  university  departments. 

County  high   school   comes   within   "schools  of   a   higher   grade."      Koester   v.   Comm'rs  of 

Atchison  County,  44  K.  142. 
Board  of  education,   city  first  class,  may  maintain  high  school.      Board  of  Education  v. 

Welch,  51  K.  804. 
Law  creating  high  school  in  just  one  county,  held  valid.     Eichholtz  v.  Martin.  53  K.  489. 
Legislature   may    require    county   to    establish    and   maintain   high    school.      The   State   v. 

Freeman,  61  K.  90. 
Separate  schools,  white  and  colored  children,  cities  first  class,  constitutional.     Reynolds  v. 

Board  of  Education,  66  K.  672. 
Securing  uniformity  of  text-books  is  exercise  of  sovereign  power.     The  State  v.  Book  Co., 

69  K.  22. 
Repeating    Lord's    Prayer    and    Twenty-third    Psalm    in    schools,    considered.      Billard    v. 

Board  of  Education.   69  K.   57. 
High  school  of  city  part  of  "common  schools,"  tuition  unlawful.     Board  of  Education  v. 

Dick,  70  K.  4.34. 
Legislature  may  compel  city  to  issue  bonds  aiding  state  university.     The  State  v.  Lawrence, 

79  K.  234. 
Legislature    may   provide   for   establishing   high    schools    in    certain    townships.      Reese   v. 

Hammond,  94  K.  459. 

§  205.  Proceeds  of  School  Fund.  §  3.  The  proceeds  of  all  lands  that 
have  been  or  may  be  granted  by  the  United  States  to  the  state  for  the  sup- 
port of  schools,  and  the  five  hundred  thousand  acres  of  land  granted  to  the 
new  states  under  an  act  of  congress  distributing  the  proceeds  of  public 
lands  among  the  several  states  of  the  union,  approved  September  4,  a.  d. 
1841,  and  all  estates  of  persons  dying  without  heir  or  will,  and  such  per 
cent  as  may  be  granted  by  congress,  on  the  sale  of  lands  in  this  state,  shall 
be  the  common  property  of  the  state,  and  shall  be  a  perpetual  school  fund, 
which  shall  not  be  diminished,  but  the  interest  of  which,  together  with  all 
the  rents  of  the  lands,  and  such  other  means  as  the  legislature  may  provide, 
by  tax  or  otherwise,  shall  be  inviolably  appropriated  to  the  support  of 
common  schools. 

One-mill   tax    abolished  bv    chapter    149,    Laws   of    1879.      The   State,    ex   rel,   v.   Ewing, 

22  K.  708. 
Policv  of  state  to  complv  with  letter  and  spirit  hereof.     Roberts  v.  M.  K.  &  T.  Rly.  Co., 

43  K.  112. 
Doubtful  whether  school  lands  may  be  appropriated  for  other  purpose.     The  State,  ex  reJ., 

v.  Humphrey,  47  K.   563. 


630  Appendix  B. 

This  section  does  not  authorize  tuition  in  city  high  school.     Board  of  Education  v.  Dick, 

70  K.  440. 
Legislature   not   prevented   from   relieving   city   of   university  bonds   voted.      The  State   v. 

Lawrence,   79  K.  263. 
If    islands    were    appropriated    for    schools    they    must    remain    so.      Winters    v.    Myers, 

92  K.  419. 

§  206.  Income  of  School  Fund.  §  4.  The  income  of  the  state  school 
funds  shall  be  disbursed  annually,  by  order  of  the  state  superintendent,  to 
the  several  county  treasurers,  and  thence  to  the  treasurers  of  the  several 
school  districts,  in  equitable  proportion  to  the  number  of  children  and 
youth  resident  therein,  between  the  ages  of  five  and  twenty-one  years:  Pro- 
vided, That  no  school  district  in  which  a  common  school  has  not  been  main- 
tained at  least  three  months  in  each  year  shall  be  entitled  to  receive  any 
portion  of  such  funds. 

§  207.  Disposal  of  Lands.  §  5.  The  school  lands  shall  not  be  sold 
unless  such  sale  shall  be  authorized  by  a  vote  of  the  people  at  a  general 
election;  but,  subject  to  revaluation  every  five  j-ears,  they  may  be  leased 
for  any  number  of  years  not  exceeding  twenty-five,  at  a  rate  established 
by  law. 

Power  of  legislature  in  dealing  -with  school  lands,  discussed.     Roberts  v.  M.  K.  &  T.  Rly. 

Co.,  43  K.  112. 
Lease  of  school  lands  subject  to  revaluation  every  five  years.     Payne  v.  Barlow,  84  K.  132. 

§  208.  Money  Applied  to  Schools.  §  6.  All  money  which  shall  be 
paid  by  persons  as  an  equivalent  for  exemption  from  military  duty;  the 
clear  proceeds  of  estrays,  ownership  of  which  shall  vest  in  the  taker-up; 
and  the  proceeds  of  fines  for  any  breach  of  the  penal  laws,  shall  be  ex- 
clusively applied  in  the  several  counties  in  which  the  money  is  paid  or  fines 
collected,  to  the  support  of  common  schools. 

"Fines"  must  go  to  common  schools;   act  providing  otherwise,  void.     A.  T.   &  S.  P.  Rid. 

Co.  V.  The  State,  22  K.  14 
Bond  in  supreme  court  forfeited,  proceeds  to  county  where  forfeited.     The  State  \.  June, 

63  K.  8. 
This    section    discussed   in    determining   constitutionality   of   an    act.      Hardy   v.    Kingman 

County.   65  K.   111. 
Act  providing  payment  of  part  of  penalty  to  informer,  unconstitutional.    Harrod  v.  Latham, 

77  K.  469. 

"Fine"  bv  supreme  court,  proceeds  to  county  where  liability  incurred.     The  State  v.  Rose, 

78  K.  600. 

This  section  applied  to  denial  of  remedy  on  illegal  contract.     Manker  v.  Tough,  79  K.  53. 

Damages  to  aggrieved  person  provided  by  oil  transportation  act,  constitutional.  Tucker 
V.  Railway  Co.,  82  K.  224. 

Payment  ordered  for  support  of  wife  cannot  be  considered  "fine."  The  State  v.  Gillmore, 
88  K.  839. 

Contempt  fine,  even  in  civil  case,  goes  to  common  schools.  HoHoway  v.  Water  Co., 
100   K.   414. 

Oh.  16,  Laws  1917  (employing  county  prisoners  on  roads)  constitutional.  The  State, 
ex  rH.,  V.  Chase  County,   101  K.  564. 

.Sec.  3856,  G.  S.  1915,  not  penal.  Changes  rule  of  descent  only.  Hamblin  v.  Marchant. 
103   K.  508. 

Same  statute  above  disinheriting  spouse  for  killing  consort-spouse,  not  forfeiture.  Ham- 
blin V.  Marchant,  103  K.  693. 

§  209.  State  University.  §  7.  Provision  shall  be  made  by  law  for  the 
establishment  at  some  eligible  and  central  point,  of  a  state  university,  for 
the  promotion  of  literature,  and  the  arts  and  sciences,  including  a  normal 
and  an  agricultural  department.  All  funds  arising  from  the  sale  or  rents 
of  lands  granted  by  the  United  States  to  the  state  for  the  support  of  a 
.state  university,  and  all  other  grants,  donations  or  bequests,  either  by  the 
state  or  by  individuals,  for  such  purpose,  shall  remain  a  perpetual  fund, 
to  be  called  the  "university  fund;"  the  interest  of  which  shall  be  appro- 
priated to  the  support  of  the  state  university. 

Regents  cannot  collect  library  fee  when  not  prescribed  by  law.  The  State,  ex  rel.,  v. 
Regents  of  the  University,  55  K.   396. 

Section  discussed  with  relation  to  university  bonds  issued  by  city.  The  State  v.  Law- 
rence, 79  K.  234. 


Annotated  Constitution  of  Kansas. 


631 


§  210.  NoNSECTARiAN.  §  8.  No  leligious  sect  or  sects  shall  ever  con- 
trol any  part  of  the  common-school  or  university  funds  of  the  state. 

Repeatin?    Lord's   Prayer   or   Twenty-third    Psalm   in   schools   not   prohibited.      Billard    v. 
Board  of  Education,  69  K.  56. 

§  211.  Investment  of  Funds.  §  9.  The  state  superintendent  of  pub- 
lic instruction,  secretary  of  state  and  attorney-general  shall  constitute  a 
board  of  commissioners  for  the  management  and  investment  of  the  school 
funds.    Any  two  of  said  commissioners  shall  be  a  quorum. 

Control  of  investment  of  school  funds  by  the  legislature,  discussed.     The  State  v.  Lawrence, 
79  K.  264. 

Note. — See  new  section  30,  article  2.      [G.  S.   1915,  sec.   169a.  1 


ARTICLE  7. — Public  Institutions. 


§1 


Benevolent  institutions  to  be  supported 
by  state;   trustees,   how   appointed. 
2.  Penitentiary  directors,   how  elected. 


§3.  Vacancies  in  office,   how  filled. 
4.   Support  of    aged   and   infirm   by   coun- 
ties. 


§212.  Benevolent  Institutions.  §  1.  Institutions  for  the  benefit  of 
the  msane,  blind,  and  deaf  and  dumb,  and  such  other  benevolent  institu- 
tions as  the  pubUc  good  may  require,  shall  be  fostered  and  supported  by 
the  state,  subject  to  such  regulations  as  may  be  prescribed  by  law.  Trustees 
of  such  benevolent  institutions  as  may  be  hereafter  created,  shall  be  ap- 
pointed by  the  governor,  by  and  with  the  advice  and  consent  of  the  senate; 
and  upon  all  nominations  made  by  the  governor,  the  question  shall  be  taken 
in  yeas  and  nays,  and  entered  upon  the  journal. 

Estate  of  person  committed  to  insane  asylum  liable  for  maintenance.  Kaiser  v.  The 
State,  80  K.  364. 

State  supervision  of  charitable  institutions  unnecessary  to  exempt  from  taxation.  Ma- 
sonic Home  v.  Sedgwick  County,  81  K.  683. 

Not  contemplated  that  charities  shall  be  directly  administered  by  state.  Ingleside  v. 
Nation,  83  K.  175. 

§  213.  Penitentiary.  §  2.  A  penitentiary  shall  be  established,  the  di- 
rectors of  which  shall  be  appointed  or  elected,  as  prescribed  by  law. 

Meaning  of   term   "penitentiary"    as   used   in   our   laws,    discussed.      Millar  v.   The   State, 

2  K.   178.                                                                                                    .  _      „ 

"Confinement  and  hard  labor"  held  to  mean  confinement  in  penitentiarj-.  The  State  v. 
Nolan,  48  K.  729. 

§  214.  Vacancies  in  Office.  §  3.  The  governor  shall  fill  any  vacancy 
that  may  occur  in  the  offices  aforesaid,  until  the  next  session  of  the  legis- 
lature, and  until  a  successor  to  his  appointee  shall  be  confirmed  and 
quahfied. 

§  215.  Aged  and  Infirm.  §  4.  The  respective  counties  of  the  state 
shall  provide,  as  may  be  prescribed  by  law,  for  those  inhabitants,  who,  by 
reason  of  age,  infirmity,  or  other  misfortune,  may  have  claims  upon  the 
s>Tnpathy  and  aid  of  society. 

Question  of  relief  of  "poor"  at  public  expense,  discussed.  State  v.  Township  of  Osawkee, 
14  K.  422. 

Overseer  of  poor  may  bind  county  for  relief  of  needy.  Dykes  v.  Stafford  Countj-, 
86  K.  698. 

Granting  relief  to  certain  disabled  residents,  held  to  be  discretionary.  Gleason  y.  Sedg- 
wick County,  92  K.  632. 

ARTICLE  8.— Militia. 


§1.  How   composed;    persons   who   may   be 
exempted. 
2.  Militia  to  be  organized  and  disciplined. 


§3.  Election  of  militia  ofticers. 
4.    Governor     coinniander-in-chief ; 
to  call  out  militia. 


power 


§216.  How  Composed;  Exemption.  §1.  The  militia  shall  be  com- 
posed of  all  able-bodied  male  citizens  between  the  ages  of  twenty-one  and 
forty-five  years,  except  such  as  are  exempted  by  the  laws  of  the  United 
States  or  of  this  state;  but  all  citizens  of  any  religious  denomination  what- 


632 


Appendix  B. 


ever  who  from  scrui)les  of  conscience  may  be  averse  to  bearing  arms  shall  be 
exempted  therefrom,  upon  such  conditions  as  may  be  prescribed  by  law. 

Adopted   in   1888.      The  original   section   had   the  word   "white"  before   "male"    in 
second  line. 
Legislature   may   not   prohibit   bearing   arms  by   lawful   military   organization.      Salina   v. 
Blaksley,  72  K.  230. 

§  217.  Organization.  §  2.  The  legislature  shall  pro\ide  for  organiz- 
ing, equipping  and  disciplining  the  militia  in  such  manner  as  it  shall  deem 
expedient,  not  incompatible  with  the  laws  of  the  United  States. 

§  218.  Officers.  §  3.  Officers  of  the  miUtia  shall  be  elected  or  ap- 
pointed, and  commissioned  in  such  manner  as  may  be  pro\dded  by  law. 

§  219.  Commander,  §  4.  The  governor  shall  be  commander-in-chief, 
and  shall  have  power  to  call  out  the  militia  to  execute  the  laws,  to  sup- 
press insurrection,  and  to  repel  invasion. 

Governor,   as  commander-in-chief,  may  muster  out  company  of  national  guard.      Lewis  v. 
LeweUing,  53  K.  204. 

ARTICLE  9. — County  and  Township  Organization. 


|1.   Organization   of   new   counties;    county 
lines;  county  seats;  change  of  county 
seat ;   least   area  of  new  county. 
2.   County   and   township   officers. 


§3.  Repealed. 

4.  Repealed. 

5.  Removal     of     county     and     township 

officers. 


§  220.  Counties,  etc.  §  1.  The  legislature  shall  provide  for  organizing 
new  counties,  locating  county  seats,  and  changing  county  lines;  but  no 
county  seat  shall  be  changed  without  the  consent  of  a  majority  of  the 
electors  of  the  county;  nor  any  county  organized,  nor  the  lines  of  any 
county  changed,  so  as  to  include  an  area  of  less  than  four  hundred  and 
thirty-two  square  miles. 

Legislative  recognition  of  validity  of  county  organization  renders  same  valid.     The  State. 

ex  rel.,  v.  Comm'rs  of  Pawnee  County,  12  K.  439. 
Legislature    mav    abolish    counties,    and    county    seats   must    go    with    them.      Division    of 

Howard  County,  15  K.  195. 
Legislature    mav    provide    that    majoritv    of    votes    cast    shall    determine.      County-Seat   of 

Linn  County,  15  K.  527. 
After  cons'itutional   consent,   legislature  make  change  or  submit  to  vote.      County-Seat  of 

Osage  County,  16  K.  296. 
Limitation  as  to  area  applies  to  organized  and  unorganized  counties.     The  State,   ex  rel.. 

V.  St.  John.  21  K.  599. 
After  legislative  recognition,   election   held   as  of  unorganized  county,   nullity.     The   State, 

ex  rel.,  v.  Comm'rs  of  Harper  County,  34  K.  302. 
After  electors  select  county  seat,  law  may  require  retention  of  same.     The  State,   ex  rel.. 

V.  Sanders,  42  K.  234. 
County  seat  remains  located  until  changed  under  provisions  of  law.     The  State,  ex  rel.,  v. 

Comm'rs  of  Atchison  County,   44  K.   186. 
Election   which  legislature  could  have  provided  for  may  be  validated.     The  State,  ex  rel.. 

V.  Burton,  47  K.  48. 
Validity  of  county  organization  hereunder  may  not  be  attacked  collaterally.     In  re  Short, 

Petitioner,  47  K.  253. 
l)e  facto  organization   of  countv,  until  act  declared  unconstitutional,   discussed.      Riley  v. 

Garfield  Township,  58  K.  300. 
Officer  df  facto  cannot  recover  compensation   for  services  performed.      Garfield  Townshij) 

V.  Crocker,  63  K.  273. 

§  221.  County  and  Township  Officers.  §  2.  The  legislature  shall 
]jrovide  for  such  county  and  township  officers  as  may  be  necessary. 

Countv  commissioners  are  county  officers  and  hold  office  two  years.     Leavenworth  County 

v.  "The  State,  5  K.  688. 
MTien    township    divided,    justice    remains    justice    where    he    resides.      Borton    v.    Buck, 

8  K.  302. 
Number    or    kind    of    township    officers    not    defined    by    constitution.      Borton    v.    Buck, 

8  K.  308. 
Legislature  may  provide  less  than  usual  number  of  county  officers.     The  State,  ex  rel.,  v. 

Comm'rs  of  Pawnee  County,  12  K.  439.  _      . 

County  commissioners  appointed  by  the  governor  may  settle  commissioner  districts.     Keat 

ing  V.  Marble,  39  K.  370. 
County  superintendent  not  within  this  provision,   elsewhere  created  by  constitution.     Thf 

State,  ex  rel.,  v.  Doane,  98  K.  438. 


Annotated  Constitution  of  Kansas. 


633 


§  222.  This  section  eliminated  by  the  adoption  of  §  2,  art.  4,  in  1904. 
The  section  as  amended  in  1876  was  as  follows: 

"§  3.  All  county  officers  shall  hold  their  offices  for  the  term  of  two  years,  and 
until  their  successors  shall  be  qualified,  except  county  commissioners,  who  shall  hold 
their  offices  for  the  term  of  three  years:  Provided,  That  at  the  general  election  in  the 
year  eighteen  hundred  and  seventy-seven  the  commissioner  elected  from  district  num- 
ber one  in  each  county  shall  hold  liis  office  for  the  term  of  one  year,  the  commissioner 
elected  from  district  number  two  in  each  county  shall  hold  his  office  for  the  term  of 
two  years,  and  the  commissioner  elected  from  district  number  three  in  each  county 
shall  hold  his  office  for  the  term  of  three  years;  but  no  person  shall  hold  the  office  of 
sheriff  or  county  treasurer  for  more  than  two  consecutive  terms." 

The  original  section  3  was  as  follows: 
,  "§  3.    All   county   officers   shal'   hold   their  offices  for   the  term  of   two   years,    and 

until  their  successors  shall  be  qualified;  but  no  person  shall  hold  the  office  of  sheriff 
or  county  treasurer  for  more  than  two  consecutive  terms." 
Annotations  to  original  section: 

County    commissioners    are    county   officers    and   hold    office    two    vear.s.      Leavenworth 

County  v.  The  State,   5  K.   688. 
Section  has  no  bearing  upon  the  question  of  a  vacancy.     Bond  v.  White,  8  K.  333. 
Section  applies  only  to  regular  term,  not  vacancies  or  exceptions.     Hagerty  v.  Arnold, 

13  K.  382. 
Appointee  holds  office  only  until  next  regular  election.     State  v.  Conn,  14  K.  218. 

Annotations  to  section  as  amended  in  1876: 

Terms  not    "consecutive  terms"   when   period  of  time  intervenes.      Horton  v.  Watson, 

23  K.  229 
County    commissioners,    chairman   holds   office  from   election    until    Januarj-    following. 

Fuller  V.  MUler,  32  K.  133. 
Temporary    commissioners    have   power   to    divide   county    into    commissioner   districts. 

Keating  v.  Marble,  39  K.  370. 
Phrase,  "more  than  two  consecutive  terms,"  discussed  and  defined.     Davis  v.  Patten, 

41   K.  482. 
Officers  elected  at  first  election  hold  until  next  regular  election.      Killion  v.   Herman, 

43  K.  39. 
Officer  at  end  of  second  term  holds  until  successor  qualified.      Pruitt   v.   Squires,    64 

K.  855. 

§  223.  This  section  eliminated  by  the  adoption  of  §  2,  art.  4,  in  1904. 
The  original  section  was  as  follows: 

"§  4.  Township  officers,  except  justices  of  the  peace,  shall  hold  their  offices  one 
year  from  the  Monday  next  succeeding  their  election,  and  until  their  successors  are 
qualified." 

.lustice  chosen  at  first  election  holds  for  unexpired  term  only.     Odell  v.  Dodge,  16  K.  446. 
Justice,     township     officer,     cannot     entertain     ci'iminal     complaint     outside     his     township. 

A.  T.  &  S.  F.  Rid.  Co.  v.  Rice,  36  K.  596. 
"Court  of  Topeka"  not  township  office  within  meaning  of  section.     Chesnev  v.  McClintock, 

61  K.  99. 

§  224.  Removal.  §  5.  All  county  and  township  officers  may  be  re- 
moved from  office  in  such  manner  and  for  such  cause  as  shall  be  prescribed 
by  law. 

Removal   of   treasurer   by   county    commissioners,    discussed    and    held    va-lid.      The    State, 
ex  rel.,  v.  Majors,  16  K.  444. 


ARTICLE  10. — Apportionment. 


§1.   Each  county  to  have  at  least  one  rep- 
resentative ;    districts. 


§2.   Basis     of     representation;     the     census 
once  every  five  years. 
3.  Apportionment  in  the  two  houses. 

§225.  Districts.  §  1.  In  the  future  apportionment  of  the  state,  each 
organized  county  shall  have  at  least  one  representative;  and  each  county 
.shall  be  divided  into  as  many  districts  as  it  has  representatives. 

Law  required   to   create   district   and  consent   of  both   houses.      Proutv   v.    Stover,   Lieut. 
Governor,  11  K.  235. 

§  226.  Apportionment.  §  2.  It  shall  be  the  duty  of  the  first  legisla- 
ture to  make  an  apportionment,  based  upon  the  census  ordered  by  the  last 
legislative  assembly  of  the  territory;  and  a  new  apportionment  shall  be 
made  in  the  year  1866,  and  every  five  years  thereafter,  based  upon  the 
census  of  the  preceding  year. 


634  Appendix  B. 

§  227.  The  Same.  §  3.  Until  there  shall  be  a  new  apportionment,  the 
state  shall  be  divided  into  election  districts;  and  the  representatives  and 
senators  shall  be  apportioned  among  the  several  districts  as  follows,  viz.: 

1st  district,  Doniphan,  4  representatives,  2  senators. 

2d  district,  Atchison  and  Brown,  6  representatives,  2  senators. 

3d  district,  Nemaha,  Marshall  and  Washington,  2  representatives,  1 
senator. 

4th  district.  Clay,  Riley  and  Pottawatomie,  4  representatives,  1  senator. 

5th  district,  Dickinson,  Davis  and  Wabaunsee,  3  representatives,  1  sena- 
tor. 

6th  district,  Shawnee,  Jackson  and  Jefferson,  8  representatives,  2  sena- 
tors. 

7th  district,  Leavenworth,  9  representatives,  3  senators. 

8th  district,  Douglas,  Johnson  and  Wyandotte,  13  representatives,  4 
senators. 

9th  district,  Lykins,  Linn  and  Bourbon,  9  representatives,  3  senators. 

10th  district,  Allen,  Anderson  and  Franklin,  6  representatives,  2  senators. 

11th  district,  Woodson  and  Madison,  2  representatives,  1  senator. 

12tli  district,  Coffey,  Osage  and  Breckenridge,  6  representatives,  2  sena- 
tors. 

13th  district,  Morris,  Chase  and  Butler,  2  representatives,  1  senator. 

14th  district,  Arrapahoe,  Godfrey,  Greenwood,  Hunter,  Wilson,  Dom 
and  McGee,  1  representative. 

ARTICLE  11.— Finance  and  Taxation. 


§1.  Assessment  and  taxation  to  be  uniform; 
property   exempted. 

2.  Taxing   of    notes,    bills,    etc.,    of   banks 

and  bankers. 

3.  Revenues   to   pay   current    expenses   of 

state. 

4.  Tax  to  be  levied  by  law ;   object  to  be 

stated ;   applied  to  no  other  purpose. 


§5.   State  debt  limited;  laws  creating  debt, 
how   passed. 

6.  To    he     submitted    to     direct    vote     of 

people. 

7.  State   may   borrow   money   to   repel   in- 

vasion, etc. ;  money  thus  raised  to  be 
applied   exclusively   to   its   object. 

8.  State  not  to  carry  on  internal  improve- 

ments. 


§228.  Taxation;  Exemption.  §1.  The  legislature  shall  provide  for 
a  uniform  and  equal  rate  of  assessment  and  taxation;  but  all  property 
used  exclusively  for  state,  county,  municipal,  Uterary,  educational,  scien- 
tific, religious,  benevolent  and  charitable  purposes,  and  personal  property 
to  the  amount  of  at  least  two  hundred  dollars  for  each  family,  shall  be 
exempted  from  taxation. 

Assessment   on   property  benetited   by   guttering   and   paving    is    "tax."    Todd    v.   Atchison. 

9  K.  A.  251. 

Injunction  granted  where  property  unlawfully  taxed  more  than  its  proportion.      Railway 

Co.  V.  Geary  County,  9  K.  A.  350. 
Penalty  upheld  where  injunction  against  collection  of  taxes  is  dissolved.     Railway  Co.   v. 

Labette  County,  9  K.  A.  545. 
Valuation  of  personal  property  for  all  purposes  must  be  uniform.      Stanfield  v.  Boyd,    10 

K.  A.  265. 
Statute  taxing  certain  counties  because  of  delinquent  taxes,  void.     The  State,  ex  rel.,  v. 

Leavenworth  County,  2  K.  57. 
Levying  cost  of  improvements  on  lots  according  to  area,  valid.     Hines  v.  City  of  Leaven- 
worth, 3  K.  186. 
Assessment  of  railroad  by  board  of  county  clerks,  held  valid.     Gulf  Railroad  Co.  v.  Morris, 

7  K.  220. 
Land  owned  by  educational  institution,  but  unoccupied,  not  exempt.     Washburn  College  v. 

County  of  Shawnee,  8  K.  344. 
Dwelling  owned  by   church,   used   exclusively   as  residence,   not  exempt.     Vail  v.   Beach, 

10  K.  214. 

Use  for  "educational  purposes"  must  be  direct,  immediS'te  and  exclusive.  St.  Mary's 
College  V.  Growl,  Treas.,  10  K.  449. 

.\gricultural  college  lands  held  under  contracts  of  purcha-se  are  taxable.  Oswalt  v.  Hallo- 
well,  15  K.  156. 

Both  statute  and  city  ordinance  taxing  foreign  insurance  company,  valid.  City  of  Leaven- 
worth v.  Booth,  15  K.  627. 


Annotated  Constitution  of  Kansas.  635 

L»w  apportioning  indebtedness  when  county  divided  does  not  conflict  herewith.     Comm'ra 

of  Sedgwick  County  v.  Bunker,  16  K.  504. 
"Uniform   and  equal  rate  of   assessment  and  taxation,"   construed.     Comm'rs  of   Ottawa 

County  V.  Nelson,  19  K.  234. 
Uniform  assessment  and  taxation  herein  contrasted  with  other  state  constitutions.     Francis, 

Treaa.,  v.  A.  T.  &  S.  F.  Rid.  Co.,  19  K.  303. 
All  persons  owning  property   on   assessment  roll,   although  property   exempt.     The   State, 

ex  rel.,  v.  Comm'rs  of  Phillips  County,  26  K.  423.     . 
Corporation   tax   depending  on   tax   imposed  by   other  states,   valid.      Phoenix  Ins.    Co.   v. 

Welch,  Supt.,  29  K.  672. 
Property   conveyed  to  county,  used  exclusively  for  county  purposes,   exempt.      Durkee  v. 

Comm'rs  of  Greenwood  County,  29  K.  697. 
Special    assessments   for    improvements,    not    taxes    within    meaning    of    section.      Tull    v. 

Royston,  30  K.  619. 
Section  refers  to  property  tax,  does  not  prohibit  license  tax.     City  of  Newton  v.  Atchison, 

31  K.  151. 
Tax  on  cattle  driven  into  state  after  March  1,  void.     Graham  v.  Comm'rs  of  Chautauqua 

County,  31  K.  477. 
Taxation    on    railroad    property    onlv,    to    pay    railroad    commissioners,    unconstitutional. 

A.  T.  &  S.  P.  Rid.  Co.  V.  Hnwe.  Treas.,  32  K.  737. 
Ordinance  regulating,  restricting  and  taxing  dogs,   not   in   conflict  herewith.     The  State. 

ex  rel.,  v.  City  of  Topeka,  36  K.  76. 
Stenographer's  fee  is  not  a  tax  within  the  meaning  hereof.      W.   B.   Beebe  v.  Wells,   37 

K.  472. 
Statute  permitting  exemption   of  property   of  nonresidents  of   township,   void.      M.   &   M. 

Rly.  Co.  V.  Champlin,  Treas.,  37  K    682. 
Unplatted  land  lying  within   city  is  subject  to  city  taxation.     Mendenhall  v.   Burton,   42 

K.  570. 
Uniform  and  equal  rate  required  merely  in  each  taxing  district.     Elevator  Co.  v.  Stewart 

50  K.  383. 
Indian   lands   after  first  payment  are  subject  to  state  tax.      Logan   v.   Comm'rs   of   Clark 

County,  51  K.  753. 
When   exemption  claimed,  person  must  bring  himself  clearly  within  exemption.     Stahl   v 

Educational  Assoc'n,   54  K.   542. 
Assessment,  some  property  full  value,  other  three-fourths  less,  excess  illegal.     C.  B.  &   Q 

Rid.  Co.  V.  Comm'rs  of  Atchison   County.  54   K.   781. 
Property   taxed  for  fire  tax  but  excluded  from  benefit,   unconstitutional.      Railway  Co.   v 

Clark,   60  K.  826. 
Tax  on  insurance  contracts  with  unlicensed  companies,  unconstitutional.     In  re  Page,  60 

K.  842. 
Equalization    fixed    bv    state   board    compulsory    only    for    state    taxes.      Geary    County    v. 

Railway  Co.,   62  K.  168. 
Property  used  bv  mutual  benefit  insurance  association,  not  exempt.     National  Council  v. 

Shawnee  County,  63  K.  799. 
Waterworks   owned   bv    city,    although    charging   prescribed   rentals,    is    exempt.      Sumner 

County  V.  Wellington,  66  K.  590. 
"Uniform  and  equal"  does  not  apply  to  penalty  for  nonpayment.     Railway  Co.  v.  Miami 

Coiintv.   67   K.  4^4. 
Compromise  act,  authorizing  compromise  of  taxes  on  unsold  property,  valid.     Trust  Co.  v. 

Davis,  76  K.  639. 
Authorizing  city  to  issue  bonds  aiding  university,  not  in  conflict  herewith.     The  State  v. 

Lawrence,  79  K.  234. 
Act  mnkinff  estates  liable  for  maintenance  at  state  hospital,  valid.     Kaiser  v.  The  Sta-te, 

80  K.  364. 
Only   property   used   exclusively,   directly   and   immediately   in   dispensing   charity,   exempt. 

Mason  v.  Zimmerman,   81  K.  799. 
Exemption  based  solely  upon  exclusive  use;  charitable  purposes  discussed.     Masonic  Home 

V.  Sederwick  County,  81  K.  859. 
Tasa+ion  of  stock  owned  by  resident  in  foreign  corporation,  valid.     Hunt  v.  Allen  County. 

82  K.  824. 
Collection    of    excess    enjoined    where    unlawful,    intentional    discrimination    in    valuation. 

Bank  v.  Lyon  County,  83  K.  376. 
Property  in  Kansns  belonging  to  foreign  municipality,  subject  to  taxation.     The  State  v. 

Holcomb,  85  K.  178. 
Where  property  exempt  hereunder,  legislature  cannot  limit  amount  of  property.      Ottawa 

University  v.  Stratton,  85  K.  246. 
Collp'-tion    of   expenses   in   eradicating   San   Jose   scale,   held   valid.      Balch   v.    Glenn,    85 

K.  735. 
Legislature  mav  exempt  residents  in  certain  cities  from  poll  tax.     Shane  v.  City  of  Hutch- 
inson, 88  K.  188. 
Inheritance  tax  law  of   1909  did  not  conflict  herewith.      The   State,   ex  rel.,  v.  Cline,   91 

K.  416. 
.School   property  not  exempt  from   special   assessments  for  public   improvements.      City  of 

Wichita  v.  Board  of  Education,  92  K.  967. 
Registration    fees    for    real-estate    mortgages     (ch.    250,     1915),     held    unconstitutional. 

Wheeler  v.  Weightman,  96  K.  50. 
"Assessment"    means    valuation    of    property    by    proper    officers,    for    taxation.      Western 

Union  Telegraph  Co.  v.  Howe,   180  Fed.  52. 
Oh.  200,  Laws  of  1913  (inspection  fee  imposed  for  revenue  purposes),  invalid.     The  State, 

ex  rel.  v.  Cumiskey,  97  K.  343. 


636  Appendix  B. 

Ch.  177,  Laws  of  1915,  does  not  violate  this  section.     The  State,  ex  rel.,  v.  Reno  County, 

98  K.  649. 
Sees.    10774    et   seq.,    G.    S.    1915    (inspection   moving-picture   films),    valid.      The    State, 

ex  rel.,  v.  Ross,  101   K.  377. 
Ch.    168,    Lav78    of    1917    (employing    prisoners,    making    allowance),    valid.      The    State. 

ex  rel.,  v.  Chase  County,  101  K.  564. 
Oh.  271,  Laws   1915    (benevolent  expenditure  county  revenues  for  persons  not  paupers), 

constitutional.     Beck  v.  Shawnee  County,  105  K.  325. 

§  229.  Notes,  Bills,  etc  §  2.  The  legislature  shall  provide  for  tax- 
ing the  notes  and  bills  discounted  or  purchased,  moneys  loaned,  and  other 
property,  effects,  or  dues  of  every  description  (without  deduction),  of  all 
banks  now  existing,  or  hereafter  to  be  created,  and  of  all  bankers;  so  that 
all  property  employed  in  banking  shall  always  bear  a  burden  of  taxation 
equal  to  that  imposed  upon  the  property  of  individuals. 

Banker  pays  taxes  oil  average  deposits  used  in  his  business.  Knox  v.  Comm'rs  of  Shaw- 
nee County,   20  K.   596. 

Powers  and  duties  of  legislature  under  this  section  commented  on.  Button  v.  National 
Bank,   53  K.  454. 

Discrimination  in  valuation  intentionally  made  against  bank,  collecting  excess  enjoined. 
Bank  v.  Lyon  County,  83  K.  376. 

.Section  discussed  in  connection  with  registration  fees  for  real-estate  mortgages.  Wheeler 
V.  Weightman,  96  K.  69. 

§  230.  Revenue.  §  3.  The  legislature  shall  provide,  at  each  regular 
session,  for  raising  sufficient  revenue  to  defray  the  current  expenses  of  the 
.•state  for  two  years. 

This  section  was  submitted  by  the  legislature  at  the  session  of  1875  (Laws  1875, 
ch.  140),  and  was  adopted  by  the  people  at  the  general  election  held  November  2, 
1875.     Original  section  3  was  as  follows: 

"§  3.  The  legislature  shall  provide,  each  year,  for  raising  revenue  sufficient  to  de- 
fray the  current  expenses  of  the  state." 

Section   is  directory.      Issuance   of   bonds   for  legislative   expenses,   unconstitutional.      The 

State,  ex  rel.  Guthrie,  v.  Board  of  Commissioners,  4  K.  261. 
Section  makes  legislative  duty,  presumption  lies  that  duty  is  done.     The  State,  ex  rel.,  v. 

Ewing,  22  K.  714. 
Legislature  limited  to  two  years;  lew  requiring  gross  sum  discussed.     The  State,   ex  rel., 

V.  Bailey,  56  K.  81. 

§  231.  Object  of  Tax.  §  4.  No  tax  shall  be  levied  except  in  pursu- 
ance of  a  law,  which  shall  distinctly  state  the  object  of  the  same;  to  which 
object  only  such  tax  shall  be  applied. 

■Judgment   against  eitv,   mandamus  to   compel  lew   of   tax,    discussed.      Stevens  v.   Miller, 

3  K    A.  192. 
.Vet  February  26,  3  863,  object  of  tax  not  stated,  void.     The  State,  ex  rel.,  v.  Leavenworth 

County,  2  K.  56. 
Section  does  not  apply  to  license  taxes  in  cities.     City  of  Leavenworth  v.  Booth,  15  K.  634. 
Levy  must  be  based  on  law  stating  object  of  tax.     A.  T.  &  S.  F.  Rid.  Co.  v.  Woodcock, 

Treasurer,  18  K.  20. 
Act  attempting  to  divert  general  tax  to  railroad  bonds,  void.      National  Bank  v.   Barber, 

Treas.,  24  K.  534. 
.Statute    authorizing   license  taxes   partly   valid   under   this   section.      McGrath    v.    City    of 

Newton,  29  K.  369. 
-Act  prescribing  payment  by   county   to  encourage   agriculture,   held  valid.      Fair   Associa- 
tion V.  Myers,  4*4  K.  132. 
City  funds  deposited  in  bank  designated  by  mayor  and  council.     National  Bank  v.  Fergu- 
son, 48  K.  732. 
Section    applies   to    city   taxes   levied   under   legislative    authority.      The    State   v.    City   of 

Emporia,  57  K.  710. 
Taxes  for  citv  building  cannot  be  diverted  to  other  use.     The  State  v.   City  of  Emporia, 

57  K.  710. 
How  ppniilties  and  interest  on  delinquent  taxes  shall  be  distributed.     Sedgwick  County  v. 

Wirhita,  62  K.  704. 
.Authorizing   use   of   general   fund    in   erection   of   courthouse,    unconstitutional.      Smith   v. 

Haney,  73  K.  506. 
Act    appropriating   surplus    funds    to    erection   of   county  buildings,    valid.      The    State   v. 

Butler  County,  77  K.  527. 
Acts  validating  elections  under  Barnes  high-school  law,  held  valid.     The  State  v.  Pauley, 

83  K.  456. 
•Statute  charging  rebates  to   county  fund   and  crediting  penalties,  valid.     Kansas   City  v. 

Stewart,  90  K.  846. 
Township  levy  for  "other  purposes"   applied  to  judgment  for  damages.      Super  v.  Modell 

Township,  94  K.  402. 


Annotated  Constitution  of  Kansas.  637 

"Reserve  fund"  under  commission  government,  simply  authorization  to  set  apart.  Rail- 
way Co.  V.  City  of  Topeka,  95  K.  747. 

Ch.  200,  Laws  1913  (oil  inspection  fees  imposed  for  revenue  purposes),  invalid.  The 
State,  ex  rel.,  v.  Cumiskey,  97  K.  343. 

Sees.  10274  et  seq.,  G.  S.  1915  (inspection  fees  moving-picture  films),  valid.  The  State, 
ex  rel.,  v.  Ross,  101  K.  377. 

§232.  Debts;  Annual  Tax;  Proceeds.  §5.  For  the  purpose  of  de- 
fraying extraordinary  expenses  and  making  public  improvements,  the 
state  may  contract  pubhc  debts;  but  such  debts  shall  never,  in  the  aggre- 
gate, exceed  one  million  dollars,  except  as  hereinafter  provided.  Every 
such  debt  shall  be  authorized  by  law  for  some  purpose  specified  therein, 
and  the  vote  of  a  majority  of  all  the  members  elected  to  each  house,  to  be 
taken  by  the  yeas  and  nays,  shall  be  necessary  to  the  passage  of  such  law; 
and  every  such  law  shall  provide  for  levying  an  annual  tax  sufficient  to  pay 
the  annual  interest  of  such  debt,  and  the  principal  thereof,  when  it  shall 
become  due;  and  shall  specifically  appropriate  the  proceeds  of  such  taxes 
to  the  payment  of  such  principal  and  interest;  and  such  appropriation 
shall  not  be  repealed  nor  the  taxes  postponed  or  diminished,  until  the  in- 
terest and  principal  of  such  debt  shall  have  been  wholly  paid. 

Legislative   and   current   expenses  are   not    "extraordinary   expenses."      The   State,    ex   rel. 

Guthrie,  v.  Board  of  Commissioners,  4  K.  269. 
Bond  issue,  bought  by  school  funds,  is  "creation  of  debt."     The  State,  ex  rel.  Guthrie,  t. 

Board  of  Commissioners,  4  K.  270. 
Unpaid   warrant  is  not  a   "debt"   within  meaning  of  section.     The  State,   ex  rel.  Guthrie, 

V.  Board  of  Commissioners,  4  K.  271. 

§  233.  Other  Debts.  §  6.  No  debt  shall  be  contracted  by  the  state 
except  as  herein  provided,  unless  the  proposed  law  for  creating  such  debt 
shall  first  be  submitted  to  a  direct  vote  of  the  electors  of  the  state  at  some 
general  election;  and  if  such  proposed  law  .shall  be  ratified  by  a  majority 
of  all  the  votes  cast  at  such  general  election,  then  it  shall  be  the  duty  of 
the  legislature  next  after  such  election  to  enact  such  law  and  create  such 
debt,  subject  to  all  the  pro\nsions  and  restrictions  proAaded  in  the  preced- 
ing section  of  this  article. 

Debt  within  meaning  of  the  constitution,  diseussed.     The  State,  ex  rel.  Guthrie,  v.  Board 

of  Commissioners,  4  K.  261. 
Bond  issue  for  legislative  and  current  expenses,  held  unconstitutional.     The  State,   ex  rel. 

Guthrie,  t.  Board  of  Commissioners,  4  K.  272. 

§  234.  Borrow  Money.  §  7.  The  state  may  borrow  money  to  repel 
invasion,  suppress  insurrection,  or  defend  the  state  in  time  of  war;  but  the 
money  thus  raised  shall  be  applied  exclusively  to  the  object  for  which  the 
loan  was  authorized,  or  to  the  repayment  of  the  debt  thereby  created. 

Section  referred  to,  showing  the  general  financial  system  of  state.  The  State,  ex  rel. 
Guthrie,  v.  Board  of  Commissioners,  4  K.  272. 

§  235.  Internal  Improvements.  §  8.  The  state  shall  never  be  a 
party  in  carrjdng  on  any  works  of  internal  improvements. 

Section   applies  to  state   in  sovereign   capacity,   not  to  counties.      Leavenworth   Countv  v. 

Miller.  7  K.  479. 
Statutes  authorizing  counties  to  issue  bonds  aiding  railroads,  held  constitutional.     Leaven- 
worth County  V.  Miller,  7  K.  479;  The  State,  ex  rel.,  v.  Nemaha  County,   7  K.  542; 

Morris  v.  Morris  County,  7  K.  576. 
Construction,   operation,    etc.,   of  oil  refinery   is    "work   of   intema-l   improvements."      The 

State  V.  Kelly.  71  K.  811. 
Ch.  478,    1905,   appropriates  money  for  "works  of  internal  improvement."     The  State  v. 

Kelly,   71   K.  811. 
Ch.  286,   1907,  authorizing  bonds  aiding  railroads,  not  repugnant  hereto.     Railroad  Co.  v 

Nation.  83  K.  .^45. 
Ch.  20,  Laws  of  1917   (aiding  in  constructing  public  roads),  unconstitutional.     The  State. 

ex  rel.,  v.  Knapp,  99  K.  852. 

See  new  section  30,  art.  2   [G.  S.  1915,  sec.  169a1. 


638 


Appendix  B. 


ARTICLE  12.— Corporations. 


|1.  No  special  acts  conferring  corporate 
power;  general  laws;  amendment  or 
repeal. 

2.  Individual    liability   of   stockholders. 

3.  Religious  corporations,  how  title  vested. 


§4.  Right  of  way;   payment,  how  made  or 
secured. 

5.  Organization  of  cities  and  towns. 

6.  Term    "corporation"    defined ;    may   sue 

and  be  sued. 


§236.  Corporate  Powers.  §1.  The  legislature  shall  pass  no  special 
act  conferring  corporate  powers.  Corporations  may  be  created  under  gen- 
eral laws;  but  all  such  laws  may  be  amended  or  repealed. 

General  act  changing  corporate  limits  when  certain  conditions  exist,  valid.     Town  Co.  v. 

City  of  Smith  Center,  6  K.  A.  252. 
Ferry    franchise    granted    by    territorial    legislature    is   contract   legislature    cannot    impair. 

The  Territory  v.  Reyburn,  1  K.   (Dassler's  Ed.),  552. 
This    article   merely   regulates   exercise   of   general   legislative   power   conferred.      Hines   v. 

The  City  of  Leavenworth,  3  K.  186. 
This  article  restricts  power  conferred  by  article  2,  section  1.     The  City  of  Atchison  et  td.  v. 

Bartholow  et  at.,  4  K.   104. 
This   section   applies  to   municipal   as  well   as  other   corporations.      City   of  Wyandotte  v. 

Wood,  5  K.  607. 
Special  act  attempting  to  extend  corporate  limits  of  city,  unconstitutional.     City  of  Wyan- 
dotte V.  Wood,  5  K.  607. 
Corporation  has  no  legal  existence  outside  the  state  where  created.     Land  Grant  Railway 

V.  Comm'rs  of  Coffey  County,  6  K.  245. 
Act  permitting  single  city  to  aid  manufacturing  entei-prise,  held  invalid.     National  Bank 

V.  City  of  lola,  9  K.  689. 
Act  authorizing  single  city  to  macadamize,   assess  costs,  etc.,   invalid.     Gilmore  v.  Norton, 

10  K.  491. 
School   district   is   only  quasi   corporation;    this   article   not   applicable.      Beach   v.    Leahy, 

Treasurer.   UK.  23. 
Corporation  lawfully  organized  to  build  bridge  across  Missouri  river.     Hunt  v.  K.   &  M. 

Bridge  Company,   11   K.  412. 
This  article  has  no  application  to  counties  as  counties.     The  State,  ex  rel.,  v.  Comm'rs  of 

Pawnee  County,   1."   K.  439 
Special  act  incorporating  four  cities  of  the  second  class,  unconstitutional.     City  of  Council 

Grove,   20  K.  619. 
Corporations    organized    under    special    territorial    acts    cannot   be    continued    indefinitely. 

The  State,  ex  ret.,  v.  Lawrence  Bridge  Co.,  22  K.  438. 
Kansas  Medical  Socie+y,  corporation  for  all  time,  unless  act  repealed.     The  State,  ex  rel., 

V.   Stormont,  24  K.  686. 
Consolida'ion  of  railroad   companies  dops  not  release  township  from  subscription.      Atchi- 
son, C.  &  P.  R.  Co.  V    County  of  Phillips,  25  K.  261. 
Special    act    excluding   property    from   corporate   limits   of   city,    void.      Gray   v.    Crockett, 

30  K.   138. 
Act   conferring   corporate   powers,    applies  to   only   three   cities,   void.      City   of  Topeka   v. 

Gillen,  32  K.  431. 
Corporate    powers    or    rights    obtained    since    constitiation,    subject    to    modification.      The 

State  V.  Mo.  Pac.  Rly.  Co.,  33  K.  189. 
Special   act   conferring   corporate   powers   on   school   district,    not   prohibited.      Knowles   v. 

Board  of  Education,   33  K.  699. 
Grant   of  frarr-hise  to  corporation  by  city,  strictly  construed.     City  of  Wyandotte  v.   Cor- 

rigan,  35  K.  21. 
General   law   may   change  or  abrogate  provisions  of  corporate   charter.      Endowment   and 

Benevolent   .-v'ssociation  v.  The  State,  35  K.  263. 
Act   curing   irregularities,    applying   only   to    cities   first   class,    valid.      Mason   v.    Spencer, 

Covnty  Clerk.  35  K.  518. 
Metropolitan  police  act   (ch.  100,   1887),  not  a  special  act.     The  State,  ex  rel.,  v.  Hunter, 

38  K.  589. 
City  taxes  levied  on  land  annexed  under  special  act,  void.     Ritchie  v.  Mulvane,  39  K.  241. 
Curative  act  applying  to  taxes  in  all  cities,  held  constitutional.     Newman  v.   City  of  Em- 
poria, 41  K.  583. 
Logi-sl-'ture  may  provide  when  probate  court  may  declare  towns   incorporated.      Menden- 

hall  V.  Burton,  42  K.  573. 
Speci-'l    act    incorporating   Chetopa   as   city   of  second   class,    unconstitutional.      Brown   v. 

Milliken,  42  K.  769. 
Acts  extending  corporate  rights  of  two  specified  railroads,  held  void. 

&  T.   Rly.   Co..  43   K.   111. 
Curative  statute  applying  to  cities  of  first  class,  held  valid.     Manley  v. 
Special  act  authorizing  county  commissioners  *o  build  a  bridge,  void. 

nee  County  v.  The   State,   ex  rel.   49   K.   486. 
Act    permitting    consolidntion    of    cities,    valid,    although    app1ic.ation    limited. 

ex  rel.,  v.  Kansas  City,   50  K.   516. 
Section   does   not   apply   to  legislation   relative  to  state   university.      The   State,   ex  rel.,  v. 

Regents  of  the  University,  55  K.  396. 
Act    authorizing    county    commissioners    to    build    bridge    within    city,    valid.      The    State, 

ex  rel.,  v.  Shawnee  County,  57  K.  269. 


Roberts  v.  M.  K. 

Emlen,  46  K.  664. 
Comm'rs  of  Shaw- 


The    State, 


Annotated  Constitution  of  Kansas.  639 

Act    conferring   corporate   powers    applying    to    Kansas    City    alone,    void.      The    State   v. 

Downs,   60  K.  788. 
Right  to   alter  and  amend   coi-porate   charters,   when   applicable,   discussed.      The   State  v. 

Haun,  61  K.  146. 
Gorporstions  take  franchise  under  reserved  legislative  power  to  alter  laws.     Leavenworth 

V.  Water  Co.,  62  K.  648. 
One   legislature    cannot   bind    another   relative    to   corporate   charters.      Irrigation    Co.    v 

Klein,  63  K.  493. 
Change  in   law   concerning  savings  banks,   does   not   contravene   section.      West   v.   Bank, 

66  K.  536. 
Validating  ordinances  that  would  be  valid  under  new  law,  constitutional.     Leavenworth  v. 

Water  Co.,  69  K.  82. 
Special  act  withdrawing  tract  of  land  from  a  city,  unconstitutional.     Levitt  v.  Wilson,  72 

K.  160. 
General  statute  authorizing  special  acts  changing  boundaries  of  cities,  void.     Davenport  v. 

Ham.  72  K.  179. 
Law  applicable  to  cities  of  certain  population  not  special  law.     Parker-Washington  Co.  v. 

Kansas  City,  73  K.  722. 
This  and   section    5   only   restraints   on   regulating   municipal   government.      The   State   v. 

Keener,  78  K.  651. 
"SpeciHl  act  conferring  corporate  powers,"  discussed  and  applied.     The  State  v.  Lawrence, 

79  K.  234. 
Act  empowering  cities  to  adopt  commission  plan  of  government,  valid.     Cole  v.   Dorr,  80 

K.  251. 
Elections  void  from  failure  of  notice,  validating  by  curative  act.     Cole  v.  Dorr,  80  K.  251. 
Act  authorizing  county  commissioners  to  maintain  bridges  in  cities,  valid.     The  State  v. 

Franklin  County,  84  K.  404. 
Curative  acts  are  not  within  general  rule  regarding  special  legislation.     Pollock  v.  Kansas 

City,   87  K.   213. 
Act   validating   incorporation    of   cities    incorporated    in    1913,    special,    void.      The    State, 

ex  rel.  v.  Ho'comb,  95  K.  660. 
General  law  applicable  to  only  one  city,  held  constitutional.     Metropolitan  Water   Co.   v. 

Kansas  City,   164  Fed.  738. 
Section  discussed  in  connection  with  bank  guaranty  law.     Larabee  v.  Dolley,  175  Fed.  889. 

(Ruling   of  this  case  on   constitutinnalitv  of  bank   guaranty  law  reversed  by   Assaria 

State  Bank  v.  Dolley,  219  U.  S.  121.     Law  upheld.) 
Citv,  when  created,  accepts  liability  to  future  legislative  regulation.     Water  Co.  v.  City  of 

"Wichita,  98  K.  259. 
Ch.   151,   Laws   1889,   construed  to  prohibit  garnishment  against  second-class  city.     Had- 
dock V.  McDonald.  98  K.  629. 
The  "Citv  Manager  Plan"  act  in  harmony  with  this  section.     The  State,  ex  rel.,  v.  Wichita, 

100  k.  401. 
Ch.   64,    Laws   1870    (Enterprise    dam),    not  special,   nor   confers  corporate  powers.      The 

State,  ex  rel.,  v.  Flour  MUls  Co.,  100  K.  4"9. 
.Statute — merger  of  fraternal  benetiriary  societies  not  violative  of  this  section.     Albach  v. 

Fraternal  Aid  Union,  100  K.  515. 
Ch.  121,  Laws  1913   (city  bonds,  waterworks),  valid.     The  State,  ex  rel.,  v.  City  of  Law- 
rence, 101  K.  227. 

§  237.  Liability  of  Stockholders.  §  2.  Dues  from  corporations  shall 
be  secured  by  the  individual  liability  of  the  stockholders  to  the  amount  of 
stock  owned  by  each  stockholder,  and  such  other  means  as  shall  be  pro- 
vided by  law;  but  such  individual  liability  shall  not  apply  to  railroad  cor- 
porations nor  corporations  for  religious  or  charitable  purposes. 

The  foregoing  section  was  submitted  by  the  legislature  at  the  session  of  1905  <h. 
1905,  ch.  542),  and  was  adopted  by  the  people  at  the  general  election  held  in  No- 
vember, 1906.     Original  section  2  was  as  follows: 

"5  2.  Dues  from  corporations  shall  be  secured  by  individxial  liability  of  the  stock- 
holders to  an  additional  amount  equal  to  the  stock  owned  by  each  stockholder,  and 
such  other  means  as  shall  be  provided  by  law;  but  such  individual  liabilities  shall  not 
apply  to  railroad  corporations,   nor  corporations  for  religious  or  charitable  purposes." 

Execution  against  corporation  returned  unsatisfied,  creditors  may  proceed  against  stock- 
holders.    Buist  V.  Savings  Bank.   4  K.   A.  700. 

Time  when  stockholder  becomes  liable  for  debts  of  corporation,  discussed.  Merrill  v. 
Meade.  6  K.  A.  620. 

Ba-nk.  with  its  pronerty,  and  each  stockholder,  liable  for  debts.  Savings  Bank  v.  Wulfe- 
kiihler,  19  K.  65. 

Liability  of  stockholder  is  in  the  nature  of  a  guarantv.     Howell  v.  Manelesdorf,  33  K.  196. 

Corporation  not  servant  or  agent  of  corporation  holding  its  stock.  A.  T.  &  S.  F.  Rid.  Co. 
V.  Davis,  34  K.  210. 

Valid  .iudgment  against  corporation  conclusive  in  enforcing  stockholder's  individual  lia- 
bility.    Ball  V.  Reese.  58  K    614. 

This  section  not  self-executing,  but  requires  legislaiive  action.  Woodworth  t.  Bowles,  61 
K.  569. 

Liabilitv  of  stockholders  contractual,  but  in  nature  of  security.  Elevator  Co.  v.  Whitbeck, 
63  K.  103. 

Contribution  among  stockholders  where  part  guarantee  and  pay  corporation  notes.  Hin- 
shaw  v.  Austin,  64  K.  460. 


640  Appendix  B. 

Ch.  10,  Laws  of  1908,  only  remedy  for  enforcing  liability.  Henley  v.  Stevenson,  67  K.  4. 
Double  liability  and  remedies  of  judgment  debtor,  discussed.  Henley  v.  Myers,  76  K.  723. 
Stockholder's  liability  increased,  diminished  or  withdrawn  at  will  of  legislature.     Rowland 

V.  Creamery  Co.,  79  K.  134. 
Where  no  statute,  stockholder's  liability  ended  when  stock  paid  up.     Bicknell  v.  Altmsn, 

81  K.  436. 
Creditor  entitled  to  remedies  existing  under  law  when  action  accrued.     Douglass  v.  Loftui, 

Adrii'x,  85  K.  720. 
Transfer  on  books  of  bank  necessary  to  relieve  stockholder's  liability.     Bank  t.  Strachan, 

89  K.  577. 
This  section  self-executing;   common-law  remedy  enforced  only  after  execution.     Harrison 

V.  Remington  Paper  Co.,  140  Fed.  385. 
Applicability  of  section  where  charter  disclaims  liability,  discussed.     Illinois  Life  Ins.  Co. 

V.  Tully,  174  Fed.  360. 
Constitution  and  statutes  in  force,  part  of  contract  with  corporation.     Schwartz  v.  Loftus, 

216  Fed.  322. 
Applies  only  indebtedness  incurred  in  legitimate  business  of  corporation.     "Ward  v.  Joslin, 

186  U.  S.  142. 
State  may   change  procedure  for  enforcement  of  stockholder's  liability.     Henlv  t.  Myers, 

215  U.  S.  373. 

§  238.  Religious  Corporations.  §  3.  The  title  to  all  property  of  re- 
ligious corporations  shall  vest  in  trustees,  whose  election  shall  be  by  the 
members  of  such  corporations. 

Trustees  personally  liable  on  unauthorized  covenant  of  warranty   in   conveyance.      Klopp 

V.  Moore,  6  K.  27. 
Vesting   of  title  on  consolidating  churches   and  changing  trustees.      Venable  t.   Ebeneeer 

Baptist  Church,  25  K.  177. 

§  239.  Right-of-way.  §  4.  No  right-of-way  shall  be  appropriated  to 
the  use  of  any  corporation  until  full  compensation  therefor  be  first  made  in 
money,  or  secured  by  a  deposit  of  money,  to  the  owner,  irrespective  of  any 
benefit  from  any  improvement  proposed  by  such  corporation. 

Proceedings  essentiallv   proceedings  i;i  rem,  proper  notice  binds  all  parties.     K.   ft  C.   P. 

Rly.  Co.  v.  Phipps,  4  K.  A.  252. 
Where  proceedings  regular,  owner  estopped  by  failure  to  appeal.     C.  K.  &  W.  Rid.  Co.  t. 

Selders.   4   K.   A.  497. 
Value  considered  immediately  before  and  after  location  of  road.     Missouri  River,  F.  S.  A 

G.   R.  Co.  T.  Owen,  8  K.  409. 
Land  must  be  paid  for  irrespective  of  any  benefits  accruing.     Saint  Joseph  &  D.  C.  R.  Co 

V.   Orr.  8  K.  419. 
Holding  statutes  authorizing  condemnation  for  railroad  not  in  conflict  herewith.     Hunt  v 

Smi'h.   9  K.   137. 
Giving  landowner   new  remedy   does   not   take  away  former  rights.     A.   T.   &   S.   F.   Rid 

Co.  V.  Weaver,  10  K.  344. 
Taking  of  private  property  for  use  of  highwav,  discussed.     Comm'rs  of  Shawnee  County  v 

Beckwith.   10  K.   603. 
No  ri?ht  to  land  until  money  paid  or  deposit  made.     St.  Joseph  &  D.  C.  R.  Co.  v.  Callen 

der.   13  K.  496. 
Monev   deposited   with   county  treasurer,   at   company's  risk  pending  proceedings.      Black 

shire  v.  Atchison.  T.  &  S.  R.  R.  Co.,  13  K.  514. 
Title   acquired   in    "right-of-way"    depends   on   statute  under  which   acquired.      Challiss   y 

A.  T.  &  S.  F.   RM.   Co.,   16  K.   117 
Disregarding  "benefit"  does  not  apply  to  taking  for  public  use.     Comm'rs  of  Pottawatomie 

County  V.  O'SulIivan,   17  K.  58 
Compensntinn  included  value  of  property  taken,  also  all  loss  sustained.     Reisner  v    Union 

Depot  &  Rid.  Co.,  27  K.  388. 
Legislature  mav  make  commissioners'  award  final  as  to  either  party.     C    B    U    P    Rid    Co 

V.   A.  T.  &  S.  F.   Rid    Co.,  28  K.  453.  

Discussion   of  what  benefits  could  be  set  off,  if  any.      C.  B.  U.  P.  Rid    Co    v    Andrews 

30  K.  596.  ■  ... 

Condemnation  proceedings  waived  and  suit  brought  for  value  of  land.      Cohen  v    St    L 

Ft.  S    &  W.  Rid.  Co.,   34  K.   158.  '        '        ' 

City  cannot  grant  right-of-way  over  private  property  or  proposed  street.     W.  &  W    Rid    Co 

V.   Feehheimer,   36  K.  45. 
Loss  sustained    to   use   of  land   with   other  land   allowed.      Comm'rs    of   Smith    Countv   r 

Lahore,  37  K.  480.  '      ' 

Damages  never  less  than  actual  value;  improper  testimony,  discussed.     W.  &  W    Rid    Co 

V.  Kuhn.  38  K.  677. 
Section  does  not  apply  where  land  not  actually  taken.     O.  O.  C.  &  C.  G.  Rid.  Co  v   Larson 

40  K.  301. 
Discussion  of  different  elements  of  damage  to  be  taken  into  consideration.     L    &  W    Rid 

Co.  V.  Ross,  40  K.  598. 
Section  applies  only  to  canals,  railroads,  and  other  similar  cases.     Callen  v.  Junction  Citv 

43  K.  630.  '' 

Railroad  company  must  make  full  compensation  regardless  of  benefits  accruing.     C    K    & 

W.  Rid.  Co.  V.  Woodward,  47  K.  193. 


Annotated  Constitution  of  Kansas.  641 

Company  taking  title  by  eminent  domain  protected  against  secret  equities.  Phipps  v.  Rail- 
way Co.,  58  K.   142. 

Where  land  taken  for  public  use,  compensation  not  condition  precedent.  Buckwalter  v. 
School  District,   65   K.   603. 

Telephone  line  held  not  an  additional  servitude  on  highway.  MeCauu  v.  Telephone  Co., 
69  K.  210. 

Injury  to  adjacent  property  from  smoke  and  cinders  not  recoverable.  Railway  Co.  v. 
Armstrong,   71    K.   366. 

Disregarding  benefits  may  be  harsh,  but  courts  bound  by  constitution.  Hall  v.  Electric 
Railroad  Co.,  89  K.  72. 

Mere  consequential  damage  does  not  amount  to  taking  within  section.  Murphy  v.  Fair- 
mount  Township,   89  K.   767. 

Benefits  not  disregarded  where  additional  grounds  taken  for  shops,  etc.  Smith  v.  Railway 
Co.,  90  K.  757. 

Compensation  not  condition  precedent  in  constructing  sewer;  section  not  applicable.  Rail- 
way Co.  V.  City  of  Hiawatha,  95  K.  471. 

Payment  of  judgment  condition  precedent  to  passing  of  title.  Zimmerman  v.  Kansas  City 
Northwestern  R.  Co.,  144  Fed.  622. 

§  240.  Cities.  §  5.  Provision  shall  be  made  by  general  law  for  the 
organization  of  cities,  towns  and  villages;  and  their  power  of  taxation, 
assessment,  borrowing  money,  contracting  debts  and  loaning  their  credit, 
shall  be  so  restricted  as  to  prevent  the  abuse  of  such  power. 

Law  providing  street  improvement  must  contain  restrictions  to  prevent  abuses.     Hines  v. 

City  of  Leavenworth,  3   K.   186. 
Section    regulates   general  grant   of   power;   laws   must   be   general.      City   of   Atchison   v. 

Bartholow,  4  K.   124. 
Where  word  "taxes"  used,  "assessments  or  special  taxes"  not  included.     Paine  v.  Spratlev, 

5  K.  546. 
Special  act  attempting  to  extend  corporate  limits  cannot  authorize  taxes.     City  of  Wyan- 
dotte V.  Wood,  5  K.  603. 
Statutts  authorizing  cities  to  issue  bonds  aiding  railroads,  held  valid.     The  State,   ex  rel., 

V.   Nemaha   County,   7   K.   542. 
Does  not  authorize  cities  to  contract  debts  for  internal  improvements.     Leavenworth  County 

V.  Miller,  7  K.  497. 
Act   authorizing  citv   to  levy  tax  aiding  private  enterprise,   void.      National   Bank  v.   City 

of  lola,   9   K.   689. 
Law  auihorizing  relevy  in  case  of  insufficient  levy,  held  valid.     City  of  Emporia  v.  Norton, 

13  K.  570. 
Ordinance  prescribing  license  taxes,  discussed,  held  not  wholly  void.     McGrath  v.  Citv  of 

Newton,  29  K.  364. 
.Special    act    excluding   property   from    corporate   limits   of   city,    void.      Gray   v.    Crockett, 

30  K.  138. 
What   restrictions   shall  be  imposed   is   a  matter   for  the  legislature.      City   of  Newton   v. 

Atchison,  31   K.  151. 
Restrictions  upon  second-class  cities  sufficient  to  uphold  license  ta.xes.     City  of  Newton  v. 

Atchison,  31   K.   151. 
License  tax   violating  restrictions  of  charter  or  statute,   void.      City   of   Lyons  v.   Cooper, 

39  K.  327. 
Curative  statutes  applying  to  all  cities  of  a  class,  valid.     Manley  v.  Emlen,  46  K.  665. 
Act  authorizing  county  commissioners  to  build  bridge  in  city,  void.     Comm'rs  of  Shawnee 

County   V.  The  State,   ex  rel.,  49  K.  486. 
County   liable   for   improvement   of  street    in    front    of   courthouse.      Comm'rs   of   Franklin 

County    V.   City   of   Ottawa,   49   K.    753. 
County    commissioners    build    bridge    within    city,    controlled    by    citj-,    valid.      The    State, 

ex' rel.,  v.   Shawnee   County,   57   K.  267. 
Part    of    act    admitted    void    hereunder,    whole    act    held    void.      Conklin    v.    Hutchinson, 

65   K.  582. 
Completed   proceedings  enlarging  corporate  limits   cannot   be   questioned   collaterally.      To- 

ptka  V.   Dwjer,   70  K.  244. 
Organization    and    existence    of    city    not    open    to    collateral    attack.      Levitt    v.    Wilson, 

72   K.  160. 
Special  act  attempting  to  vacate  part  of  city,  held  void.     Levitt  v.  Wilson,  72  K.  160. 
Boundaries  of  city  cannot  be  changed  by  special  act.     Davenport  v.  Ham,  72   K.   179. 
Act    applying    to   all    cities    and   containing    restrictions,    held   valid.      Belleville    v.    Wells, 

74   K.  827. 
Implied  restrictions  on  legislative  power,  discussed.     Wulf  v.  Kansas  City,  77   K.  362. 
This   and   section    1   only   restraints   on   regulating   municipal   government.      The    State   v. 

Ketner,  78  K.  651. 
This  section   discussed  relative  to  issue  of  bonds  for  university.     The  State  v.  Lawrence, 

79  K.   234. 

Act   empowering   cities   to   adopt   commission   plan    of   government,    valid.      Cole   v.    Dorr, 

80  iv.  '..53. 

Acts    changing    city   boundaries,    held   valid;    doctrine    of   stare    decisis.      Bull   v.    Kellev, 

83  K.  597. 
Act    authorizing   county    commissioners   to   maintain   bridges,    held   permissive    only.      The 

State  V.  Franklin  County,  84  K.  406. 
Holding  elections  in  city,  governmental   function,   expenses  not   "contracting  debts."      The 

State,  ex  rel.,  v.  City  of  Hutchinson,  93  K.  412. 

41 — 778 


«j42  Appendix  B. 

Municipal    corporations,    having    no    constitutional    powers,    restricted   to   legislative    grant. 

Water,  Light  &  Gas  Co.  v.  City  of  Hutchinson,  144  Fed.  256. 
General  law   applicable   to  only   one  city,   held  constitutional.      Metropolitan   Water   Co.  v. 

Kansas  City,   164  Fed.   738. 
City  ordinance  imposing  an  unreasonable  license  tax  is  void.     Scriven  v.  City  of  Lebanon, 

99  K.   607. 

■City   manager  plan"   act  not   repugnant,   valid.      The   State,    ex  rel.,   v.   Citv   of   Wichita, 

100  K.  401. 

§  241.  Term  Corporations.  §  6.  The  term  corporations,  as  used  in 
this  article,  shall  include  all  associations  and  joint-stock  companies  having 
powers  and  privileges  not  possessed  by  individuals  or  partnerships;  and  all 
corporations  may  sue  and  be  sued  in  their  corporate  name. 

Only  corporations  proper  covered  by  article;   school  district  quasi   corporation.      Beach  v. 
Leahy,  Treasurer,  11  K.  23. 

ARTICLE  13.— Banks  and  Currency. 


SI.   Banks  to  be  established  by  general  law. 

2.  Security   required   from   banks;    auditor 

to   register   and   countersign    bills. 

3.  Additional   security,    when    required. 

4.  Redemption   of   circulating   notes;    hold- 

ers of  notes  to  have  preference. 
.").   State    not   to    be    a   stockholder    in    any 
bank. 


§6.   Banks  required  to  keep  offices  and  of- 
ficers  at    convenient   places   in   state. 

7.  Limit  of  denomination  of  notes. 

8.  Banking     law     submitted     to     vote     of 

people. 

9.  Banking  law,   amended  or  repealed. 


§242.  Banking  Laws.  §1.  No  bank  shall  be  established  otherwise 
Than  under  a  general  banking  law. 

Applies    only    to    banks    of    issue,    not    deposit    and    discount.       Pape    v.     Capitol    Bank 

20  K.  440. 
This    article   discussed    at   length,    showing    banks    contemplated    bv    it.      Pape    v.    Capitol 

Bank,  20  K.  441. 
Language  of  foregoing  case  quoted.     Fischer  v.  Moore,  69  K.  201. 

§  243.  Shall  Require  Deposit.  §  2.  All  banking  laws  shall  require, 
as  collateral  security  for  the  redemption  of  the  circulating  notes  of  any 
bank,  organized  under  their  provisions,  a  deposit  with  the  auditor  of  state, 
of  the  interest-paying  bonds  of  the  several  states  or  of  the  United  States, 
at  the  cash  rates  of  the  New  York  stock  exchange,  to  an  amount  equal  to 
The  amount  of  circulating  notes  which  such  bank  shall  be  authorized  to 
issue,  and  a  cash  deposit  in  its  vaults  of  ten  per  cent  of  such  amount  of 
circulating  notes;  and  the  auditor  shall  register  and  countersign  no  more 
circulating  bills  of  any  bank,  than  the  cash  value  of  such  bonds  when  de- 
l)osited. 

§  244.  When  Security  Depreciates.  §  3.  Whenever  the  bonds 
pledged  as  collateral  security  for  the  circulation  of  any  bank  shall  de- 
preciate in  value,  the  auditor  of  state  shall  require  additional  security,  or 
curtail  the  circulation  of  such  bank  to  such  extent  as  will  continue  the 
security  unimpaired. 

§245.  Notes  Redeemable;  Preference.  §4.  All  circulating  notes 
,<hall  be  redeemable  in  the  money  of  the  United  States  Holders  of  such 
notes  shall  be  entitled,  in  case  of  the  insolvency  of  such  banks,  to  prefer- 
ence of  payment  over  all  other  creditors. 

§  246.  State.  §  5.  The  state  shall  not  be  a  stockholder  in  any  bank- 
ing institution. 

§  247.  Banking  Offices.  §  6.  All  banks  shall  be  required  to  keep 
offices  and  officers  for  the  issue  and  redemption  of  their  circulation,  at  a 
convenient  place  within  the  state,  to  be  named  oh  the  circulating  notes 
issued  by  such  bank. 

Section  does  not  apply  to  banks  of  deposit.     Pape  v.  Capitol  Bank.   20  K.  44^. 


Annotated  Constitution  of  Kansas.  643 

§  248.  Denomination.  §  7.  No  banking  institution  shall  issue  cir- 
culating notes  of  a  less  denomination  than  one  dollar. 

This  section  was  submitted  by  the  state  legislature  at  the  session  of  1861  (Laws 
1861,  ch.  16),  and  was  adopted  by  the  people  at  the  general  election  held  November 
5,   1861.     Original  section  7  was  as  follows: 

"§  7.  No  banking  institution  shall  issue  circulating  notes  of  a  less  denomination 
than  five  dollars." 

§  249.  Vote  on  Law.  §  8.  No  banking  law  shall  be  in  force  until  the 
same  shall  have  been  submitted  to  a  vote  of  the  electors  of  the  state  at 
.some  general  election,  and  approved  by  a  majority  of  all  the  votes  cast  at 
such  election. 

No  banking  law  has  ever  been  submitted  to  proper  vote.     Pape  v.  Capitol  Bank,  20  K.  442. 

§  250.  Amended  or  Repealed.  §  9.  Any  banking  law  may  be  amended 
or  repealed. 

ARTICLE  14— Amendments. 

§1.   How  proposed  by  legislature;  how  rati-        §2.   Convention,   how  called, 
fied  by  people. 

§251.  Amendments.  §1.  Propositions  for  the  amendment  of  ihis 
constitution  may  be  made  by  either  branrh  of  the  ledslature;  and  if  two- 
thirds  of  all  the  members  elected  to  each  house  shall  concur  therein,  such 
proposed  amendments,  together  with  the  yeas  and  nays,  shall  be  entered 
on  the  journal;  and  the  secretary  of  state  shall  cause  the  same  to  be  pub- 
lished in  at  least  one  newspaper  in  each  county  of  the  state  where  a  news- 
jmper  is  published,  for  three  months  preceding  the  next  election  for  repre- 
sentatives, at  which  time  the  same  shall  be  submitted  to  the  electors  for 
their  approval  or  rejection;  and  if  a  majority  of  the  electors  voting  on  said 
amendments  at  said  election  shall  adopt  the  amendments,  the  same  shall 
become  a  part  of  the  constitution.  When  more  than  one  amendment  shall 
be  submitted  at  the  same  time,  they  shall  be  so  submitted  as  to  enable  the 
electors  to  vote  on  each  amendment  separately;  and  not  more  than  three 
propositions  to  amend  shall  be  submitted  at  the  same  election. 

Two    or    more    amendments    submitted,    majority    voting    on    either    adopts.       Prohibitory 

Amendment   Cases,   24   K.   700. 
Proposed  amendment  cannot  be   submitted  after  next  general  election.      The   State,   ex  reL, 

V.  Sessions,   87   K.  497. 

§  252.  Revision  or  Amendment.  §  2.  Whenever  two-thirds  of  the 
members  elected  to  each  branch  of  the  legislature  shall  think  it  necessary 
to  call  a  convention  to  revise,  amend  or  change  this  constitution,  they  shall 
recommend  to  the  electors  to  vote  at  the  next  election  of  members  to  the 
legislature,  for  or  against  a  convention ;  and  if  a  majority  of  all  the  electors 
voting  at  such  election  shall  have  voted  for  a  convention,  the  legislature 
shall,  at  the  next  session,  provide  for  calling  the  same. 

ARTICLE  15.— Miscellaneous. 


5 1 .  Officers  not  otherwise  provided  for  to 
be  as  law  directs. 

•J.  Tenure  may  be  fixed  by  law;  if  not 
fixed,  to  be  at  pleasure  of  the  ap- 
pointing power ;   not  over  four  years. 

ri.  Lotteries  and  sale  of  lottery  tickets 
prohibited. 

4.  Public  printer,  how  elected;  term  of 
office. 


§5.   Receipts    and    e.xpenditures    to    be    pub- 
lished. 

6.  Protection  of  rights  of  married  women. 

7.  Salaries  may  be  reduced  for   neglect  of 

legal   duty. 

8.  Temporary    seat     of    government :     per- 

manent  location   by  popular  vote. 

9.  Homestead   exemption. 
10.   Prohibition. 


§253.  Other  Officers.  §1.  All  officers  whose  election  or  appoint- 
ment is  not  otherwise  provided  for,  shall  be  chosen  or  appointed  as  may 
be  prescribed  bj''  law. 

No  election  provided  by  constitution  or  statute,  election  not  valid.      Matthews  v.   Comm'rs 
of  Shawnee   County,   34   K.   606. 


644  Appendix  B. 

Term  of  office  and  power  to  remove  railroad  commissioners,  discussed.     The  State,   ex  rel., 

V.  Mitchell,  50  K.  289. 
Section  discussed  in   connection  with  appointment  under  biennial-election  law.     The  State 

V.   Andn  ws,   64  K.  489. 
Section  applied  in  upholding  "veterans'  preference  law."     Goodrich  v.  Mitchell,  68  K.  769. 
Section    applied   to    appointment   of    county    auditor    by    district    court.      Sartin    v.    Snell, 

87  K.  494. 

§  254.  Tenure  of  Office.  §  2.  The  tenure  of  any  office  not  herein 
provided  for  may  be  declared  by  law;  when  not  so  declared  such  office 
shall  be  held  during  the  pleasure  of  the  authority  making  the  appointment, 
but  the  legislature  shall  not  create  any  office  the  tenure  of  which  shall  be 
longer  than  four  years. 

Section    applied   to   removal   of  railroad   commissioners   by   executive   council.      The    State, 

ex  rel..  v.  Mitchell,  50  K.  294. 
Where    tenure    of   office    fi.xed,    governor   cannot    remove    appointee    arbitrarily.      Lease    v. 

Freeborn,  52  K.  754. 
Where  tenure  of  office  unconstitutional,  tenure  "not  declared  by  law."     Lewis  v.  Lewelling, 

53  K.  201. 

Tenure  four  years  and  until  successor  appointed  and  qualified,  constitutional.     The  State, 

ex  rel.,  v.   Breidenthal,    55    K.    311. 
Tenure  of  office  six  years,  tenure  "not  declared  by  law."     Wulf  v.  Kansas  City.  77  K.  360. 
Position  of  field  man  in  health  department  not  an  office.     Jagger  v.  Green,  90  K.   153. 
Cell-house    man    in    state    penitentiary    not    an    officer    within    section.      Jones    v.    Botkin, 

9^  K.  242. 
Policeman  holds  his  office  during  pleasure  of  authority  making   appointment.      Haney  v. 

Cofran,   94   K.   332. 
This    section    discussed    in    connection    with    civil    service    law.       McLaughlin    v.    Green, 

96  K.  643. 
Statute,  term  of  drainage  district  officers  exceeding  four  years,  invalid.     The  State,  ex  rel., 

V.  Drainage  District,  102   K.  576. 

§  255.  Lotteries.  §  3.  Lotteries  and  the  sale  of  lottery  tickets  are 
forever  prohibited. 

Scheme  for  distribution  of  prizes  by  chance  is  a  "lottery."     The  State,  ex  rel.,  v.  Mercan- 
tile Association,  45  K.  351. 
Operating    "lottery"    is    "unlawful   calling"    under    crimes    act.      In    re    Smith,    Petitioner, 

54  K.   702. 

§  256.  State  Printer.  §  4.  All  public  printing  shall  be  done  by  the 
state  printer,  who  shall  be  elected  by  the  people  at  the  election  held  for 
state  officers  in  November,  1906,  and  every  two  years  thereafter,  at  the 
elections  held  for  state  officers,  and  shall  hold  his  office  for  two  years  and 
until  his  successor  shall  be  elected  and  qualified. 

This  section  was  submitted  by  the  legislature  at  the  session  of  1903,  and  was 
adopted  by  the  people  at  the  general  election  in  November,  1904.  The  section  as 
amended  in  1868  was  as  follows: 

"§  4.  All  public  printing  shall  be  done  by  a  state  printer,  who  shall  be  elected  by 
the  legislature  in  joint  session,  and  shall  hold  his  office  for  two  years  and  until  his 
successor  shall  be  elected  and  qualified.  The  joint  session  of  the  legislature  for  the 
election  of  a  state  printer  shall  be  on  the  third  Tuesday  of  January,  A.  d.  1869,  and 
every  two  years  thereafter.  All  public  printing  shall  be  done  at  the  capital,  and  the 
prices  for  the  same  shall  be  regulated  by  law." 

Original  section  4  was  as  follows: 

"§  4.  All  public  printing  shall  be  let  on  contract,  to  the  lowest  responsible  bidder, 
by  such  executive  officers  and  in  such  manner  as  shall  be  prescribed  by  law." 

Annotations  to  amendment  of  1868: 

Election  of  state  printer  by  joint  convention  of  houses,  considered.     Prouty  v.  Stover, 

Lieut.  Governor,  11  K.  235. 
Statute  authorizing  "executive  council"  to  designate  "official  state  paper,"  valid.     Reed 

V.  Francis,  22  K.  510. 
Rate    of    compensation    for   publication    in    "official    state    paper,"    discussed.      Kansas 

Breeze  Co.  v.  Edwards,  55  K.  630. 
Statute   requiring   concurrence   of   majority   elected   to   each   house,    invalid.      Snow   v. 

Hudson,  56  K.  378. 

§  257.  Accounts  Published.  §  5.  An  accurate  and  detailed  state- 
ment of  the  receipts  and  expenditures  of  the  public  moneys,  and  the  several 
amounts  paid,  to  whom,  and  on  what  account,  shall-  be  published,  as  pre- 
scribed by  law. 

§  258.  Rights  of  Women.  §  6.  The  legislature  shall  provide  for  the 
protection  of  the  rights  of  women,  in  acquiring  and  possessing  property, 


Annotated  Constitution  of  Kansas.  645 

real,  personal  and  mixed,  separate  and  apart  from  the  husband;  and  shall 
also  provide  for  their  equal  rights  in  the  possession  of  their  children. 

Female   under   eighteen,   minor;    each  parent   natural   guardian   of  person.      The   State  v. 

Jones,   16  K.  611. 
Father   and    mother   are   natural   guardians   of   persons   of   minors.      The   State   v.   Angel, 

42  K.  222. 

Father    and    mother    equal    right    to    possession,    etc.,    of    minors.      Miller    v.    Morrison, 

43  K.  448. 

This  section  discussed  in  connection  with  homestead  exemption.  Cross  v.  Benson, 
68  K.  501. 

Coverture,  no  separate  estate,  does  not  invalidate  married  woman's  contract.  Harring- 
ton V.  Lowe,  73  K.  1. 

Neither  husband  nor  wife  bound  to  pay  taxes  on  other's  real  estate.  Nagle  v.  Tieperraan, 
74  K.  32. 

Property  of  other  spouse  is  property  "of  another,"  for  arson.  The  State  v.  Shaw, 
79  K.  396. 

Mechanic's  lien  on  married  woman's  property,  contract  with  husband,  valid.  Garrett  v. 
Loftus,   82  K.   556. 

Section  applied,  discussing  competency  of  wife  to  testify  for  husband.  Harris  v.  Brown, 
187   Fed.  9.  ^       ^ 

Ch.  72,  G.  S.  1915  (property  transferred  from  spouse  to  spouse),  in  consonance.  Brech- 
eisen  v.  Clark,   103  K.  667. 

In  holding,  owning  and  controlling  property,  wife  and  husband  equal.  Putnam  v.  Put- 
nam,   104  K.  52". 

§  259.  Salaries  Reduced  for  Neglect  of  Duty.  §  7.  The  legislature 
may  reduce  the  salaries  of  officers  who  shall  neglect  the  performance  of 
any  legal  duty. 

§  260.  Temporary  Capital.  §  8.  The  temporary  seat  of  government 
is  hereby  located  at  the  city  of  Topeka,  county  of  Shawnee.  The  first  legis- 
lature under  tliis  constitution  shall  provide  by  law  for  submitting  the  ques- 
tion of  the  permanent  location  of  the  capital  to  a  popular  vote,  and  a 
majority  of  all  the  votes  cast  at  some  general  election  shall  be  necessary 
for  such  location. 

§261.  Homestead.  §9.  A  homestead  to  the  extent  of  one  hundred 
and  sLxty  acres  of  farming  land,  or  of  one  acre  within  the  limits  of  an  in- 
corporated town  or  city,  occupied  as  a  residence  by  the  family  of  the 
owner,  together  with  all  the  improvements  on  the  same,  shall  be  exempted 
from  forced  sale  under  any  process  of  law,  and  shall  not  be  alienated  with- 
out the  joint  consent  of  husband  and  wife,  when  that  relation  exists;  but 
no  property  shall  be  exempt  from  sale  for  taxes,  or  for  the  payment  of 
obhgations  contracted  for  the  purchase  of  said  premises,  or  for  the  erection 
of  improvements  thereon:  Provided,  The  provisions  of  this  section  shall 
not  apply  to  any  process  of  law  obtained  by  virtue  of  a  lien  given  by  the 
consent  of  both  husband  and  wife. 

This   section   was  adopted   apart   from  the  remainder  of  the   constitution  by   8788 

votes  for,  to  4772  against,  see  sec.  25  of  schedule,  page  650. 
Lien  of  mortgage  by  both  unaffected  by  deed  by  husband.     Hill  v.  Alexander,  2  K.  A.  250. 
Occupation  of  family  of  owner  essential;  when  exemption  attaches,  discussed.     Dobson  v. 

Shoup,  3  K.  A    468. 
Actual   occupation   within   reasonable   time;   selection  from  larger  tract,   discussed.      State 

Bank  v.  Peak,  3  K.  A.  698. 
Money   borrowed    for    erecting    residence    constitutes    "obligation    contracted   for    improve- 
ments."    Beckenheuser  v.  Ferrell,  8  K.  A.  365. 
.Special  assessment  for  guttering  and  paving  is  a   "tax."     Todd  v.  Atchison,   9  K.   A.   251. 
This  section  does  not  contravene  federal  constitution   (art.  1,  sec.  10).     Cusic  v.  Douglas, 

3  K.  123. 
Homestead    exemption    good    as    against    judgment    rendered    before    constitution    adopted. 

Cusic  V.  Douglas,  3  K.   123. 
Mortgage  of  homestead  executed  by  husband  alone  is  void.     Morris  v.  Ward,  5  K.  239. 
.Judgment  against  husband  alone  is  not  a  lien  on  homestead.     Morris  v.  Ward,   5  K.  239. 
Owner  living  outside  city,  land  in  city  not  exempt.     Sarahas  v.  Fenlon,  5  K.  592. 
Vendee    of    husband,    wife   refusing   to    convey,    entitled    to    damages.      Lister    v.    Batson, 

6  K.  420. 
Wife   signing   deed   under   duress,    "good   faith"    of   purchaser    immaterial.      Anderson    v. 

Anderson,  9   K.   112. 
When  tract  of  land  becomes  part  of  homestead  discussed.     Edwards  v.  Fry,  9  K.  417. 
Homestead   purchased,    occupancy    within    reasonable   time,    exempt   from    time   purchased. 

Monroe  v.  May,  Weil  &  Co.,  9  K.  466. 


646  Appendix  B. 

Wife  signing  under  duress,  sue  to  have  signature  declared  void.     Helm  v.  Helm,  11  K.  19. 
Surplus  proceeds  not  applicable  to  judgment,  not  lien  on  homestead.     Mitchell  v.  Milhoan, 

11  K.  617. 

Attachment   prior  to   occupation    as  homestead,    superior   to   homestead   right.      Bullene   ▼. 

Hiatt,   12  K.  98. 
Homestead  must  lie  in  one  tract  or  body  of  land.     Randal  v.  Elder,  12  K.  257. 
Wife    signing    mortgage    not    entitled    to    all    privileges    of    surety.      Jenness    v.    Cutler. 

12  K.  500. 

Mortgage    by   husband    void    as   to    other   than   purchase-money.      Pratt    v.    Topeka   Bank. 

12  K.  570. 

Homestead    sold    under    mortgage    by    wife    for    purchase-money.       Andrews    t.    Alcorn. 

13  K.  351. 

Mortffage  bv  husband  on   homestead  owned  bv  wife  absolutely  vpid.      Ayers  v.  Probasco. 

14  K.  175. 

Divorce  to  either  party,  court,  if  facts  justify,  may  award  homestead  to  wife.     Brandon  v. 

Brandon,   14  K.  342. 
Homestead  interest  may  be  acquired  by  owner  of  equitable  interest.      Tarrant  ▼.   Swain. 

15  K.  146. 

Property    attached,    later    becomes    homestead    of    defendants,    attachment    remains    valid. 

Robinson  v.  Wilson,  15  K.  595. 
Mortgage  by  husband  without  wife's  consent,  for  purchase-money,   held  valid.     Nichols  t. 

Overacker,   16  K.   58. 
General  creditor's  right  to  have  mortgage  satisfied  bv  homestead,  denied.    Colby  v.  Crocker, 

17  K.  527. 

Procedure   where   property    claimed    as   homestead    is    levied    upon,    discussed.      Gapen    v. 

Stephenson,  17  K.  613. 
Equities  of  familv  of  mortgagor  superior  to  claims  of  judgment  creditor.      LaRue  v.  Gil 

bert,  18  K.  220. 
"Probably"  homestead  may  be  taken  on  any  spot  in  Kansas.     Hixon  v.  George,  18  K.  253. 
Purchase   bv    husband,    title   in    wife,    claims    of   creditors,    discussed.      Hixon    v.    George. 

18  K.  253. 

Judgment  on  promissorv  note  for  purchase-money,  not  lien  on  land.     Greeno  v.  Barnard. 

18  K.  518. 
Execution    of    mortgage    on    homestead    by    illiterate    person,    discussed.      Roach    v.    Karr. 

18  K.  529. 
Homestead   sold  under   lien  on   real   estate  decreed   in  divorce.      Blankenship   v.   Blanken 

ship,   19  K.   159. 
Attachment  before  occupancy  as  homestead  is  prior  to  homestead  right.     Hiatt  v.  Bullene. 

20  K.  557. 
Acquiring    new   home   in    city   relinquishes   homestead   right   on    farm.      Savings    Bank    \. 

Wheeler's  Adm'r,   20  K.  625. 
Occupancy    as    homestead    after    judgment    lien    attached    will    not    defeat    judgment    lien. 

Ashton  V.  Tngle,  20  K.  670. 
House  rented  to  tenant  as  residence,  no  part  of  homestead.     .'Vshton  v.  Ingle,  20  K.  670. 
Occupation,  actual  or  constructive,  essential  to  constitute  premises  a  homestead.     Swenson 

V.  Kiehl,   21   K.   533. 
Equity  favors  protection  of  homestead   from   creditors.      Homestead  exemption,   construed. 

Sproul  V.   Atchison  National   Bank,   22  K.  336. 
Public  gristmill  on  portion  of  tract,  no  part  of  homestead.    Mouriquand  v.  Hart,  22  K.  594 
Deed  to  wife   without   money   consideration,   held   good   against   heir.      Horder  v.   Horder. 

23   K.   391. 
Lease  bv   husband   alone,   which   interferes   with   wife's   possession,    invalid.      Coughlin   v. 

Coughlin,  26  K.  116. 
Propertv    not    exempt   where    owner's    family    resided    in    another    state.      Farlin    v.    Sook. 

26  K.  397. 
Homestead  not  conveyed  by  separate  deeds  of  husband  and  wife.    Ott  v.  Sprague,  27  K.  620. 
Wife  had  never  resided  here,  deed  by  husband  held  valid.    Koons  v.  Riitenhause,  28  K.  359. 
Right    to    sell    homestead    of    insane    person    for    alimony,    denied.      Birdzell    v.    Birdzel'. 

33  K.  433. 
Mortgage  without  joint  consent  of  husband  and  wife,  held  void.     Howell,  Jewett  &  Co.   v 

McCrie.  36  K.   636. 
Wife  agreed  to  sell,   grantee  made  improvements,   specific  performance   enforced.      Perrin. 

V.  Ma.\  berry,  37  K.  258. 
Mortgage  lien  on  homestead  not  created  without  wife's  written  consent.     Jenkins  v.  Sim 

mons.   37   K.  496. 
Husbind    owned    homestead,    wife's    consent    necessary    to    alienate    railroad    right-of-way. 

Pikher  v.  A.  T.  &  S.  F.  Rid.  Co.,  38  K.  516. 
Homestead  not  destroyed  by  lease  of  part  of  building.     Bebb  v.  Crowe,  39  K.  342. 
Tests  of  what  constitutes  homestead,  discussed.     Bebb  v.  Crowe,  39  K.  342. 
Wife    owning    homrstead,    having    no    children,    may    devise    one-half   interest.      Vining    v. 

Willis,   40   K.   609, 
Mechanic's  lien,   no  personal  property  found,   homestead  sold   under  execution.      Tyler   \ 

•Tohnson,  47  K.  410. 
Fortv  acres,  cornering  on  forty  where  owner  resides,   not  exempt.      Linn  County   Bank   v. 

Hopkins,  47  K.  580. 
Residence    and    building    on    same    lots    rented    as    rooms,    exempt.       Lavson    v.    Grange 

48  K.  440. 
Occupancv    must    follow    within    reasonable    time    after    purchase.      Ingels    v.    Ingels,    ad 

K.  755. 
Occupancv  after  levy  of  execution  does  not  change  parties'   rights,      fngels  v.   Ingels,    5<i 

K.  755. 


Annotated  Constitution  of  Kansas.  647 

Homestead   iDay    be   appropriated    for   public   use    without   owner's   consent.      Jockheck    v. 

Comm'rs  of"  Shawnee  County,  53   K.   780. 
Mortgage,  wife's  duress  available  against  innocent  holder  of  note  secured.     Berry  v.  Berrj, 

57  K.  691. 
Partition    cannot    be    made    against    objection    of    minor    children.      Trumbly    v.    Martell. 

61  K.  703. 
Unmarried  daughter  of  intestate  continued  to  occupy  homestead,   not  exempt.      Battey   v. 

Barker,  62  K.  517. 
Wife  took  homestead  under  will,  mortgage  by  her  held  valid.     Allen  v.  Holtzman,  63  K.  40. 
Widower    occupying    homestead    alone,    children    having    gone,    not    exempt.      Ellinger    v. 

Thomas,  64  K.  180. 
Alienation,  joint  consent  may  be  evidenced  by  acts  in  pai-g.     Sullivan  v.  Wichita,  64  K.  539. 
Expressing  willingness   to   join,    but    not   joining,   not   joint   consent.      Durand   v.    Higgins, 

67  K.    110. 

Homestead,  conveyance  by  husband  and  insane  wife's  guardian  conveys  nothing.     Adams 

V.  Gilbert,  67  K.  273. 
Wife    continues    to    be    "family    of    owner"    after    husband's    death.       Cross    v.    Benson, 

68  K.  495. 

Occupation   by   widow   is  occupation   by   "family   of   owner,"    exempt.      Aultman   v.   Price. 

68  K.  640. 
Joint  consent  to  lease  shown  when  wife  did  not  sign.     Johnson  v.  Samuelson,  69  K.  263. 
Homestead,  purchase-money  advanced  under  promise  to  execute  mortgage  constitutes  lien. 

Foster  v.  Bank,  71  K.  158. 
Husband  of  insane  woman  cannot,  by  any  conduct,  alienate  homestead.     Withers  v.  Love, 

72  K.   140.  .       ^^ 

Wife  estopped  by  conduct  to  object  to  husband's  lease.     Shaw  v.  Bevis,  72  K.  208. 
Intention  to  occupy  must  be  accompanied  by  some  overt  act.     Bush  v.  Adams,   72  K.  556. 
Section  applied  inupholdins:  married  woman's  contract.     Harrington  v.   Lowe,    73   K.    18. 
Homestend    exemption    applies    to    surviving    husband    or    wife    alone.      Weaver    v.    Bank. 

76  K.   540.  .^       ,  ,   . 

When   homestead  rights  attach  upon   removal  to   other   property,  discussed.      Randolph   v. 

M'ilhite.   78  K.   355. 
Section  applied,  holding  wife's  house  property  of  another,  for  arson.     The  State  v.  Shaw. 

79  K.  396.  ^      , 

Statute  of   descents   and   distributions    not    in   conflict   with   this   section.      Towle   v.   Towlc. 

81  K.   675. 
"Occup'ed    as    a    residence,"'     construed;     under    facts    stated,     not    exempt.       Quinton     v. 

Adams,   83  K.  484. 
Husba^nd    not    party    to    action,    lien    for    improvements    not    binding.       King    v.    Wilson. 

95   K.  390. 
Homestead  sold  to  satisfy  judgment  for  improvements  made  thereon,  valid.     Manufacturini: 

Co.  V.  Haughton,  97  K.  530. 
Divorce  decree  mav  award  wife  homestead,  subject  to  husband's  lieu.      Hanim  v.  Hamni, 

98   K.   360. 
Sef-tion  cited   in  special  concurrence.    Postlethwaite  v.   Edson,    102   K.    619. 
"Homestead"   made  with  special  reference  to  family   occupying   it.      Thompson  v.   Millikin, 

102  K.   721. 
Widow    of    deceased    owner    occupying    homestead    is    his    "family."       Koehler    v.    Gray. 

102   K.   881. 
Immaterial    whether   title    to    "homestead"    is    in    husband    or    wife.      Putnam    v.    Putnam. 

104  K.   53. 

§  262.  Prohibition.  §  10.  The  manufacture  and  sale  of  intoxicatms 
liquors  shall  be  forever  prohibited  in  this  state,  except  for  medical,  scien- 
tific and  mechanical  purposes. 

The  foregoing  amendment  was  submitted  by  the  legislature  at  the  session  of   1879. 
and  was  adopted  by  the  people  at  the  general  election  held  November  2,  1880. 

State  has  power  to  prohibit  manufacture  and  sale   as  beverage.      Prohibitory -Amendment 

Cases,  24  K.   700. 
Under  statute,  physician  could  not  furnish  intoxicating  liquor  without  pei'mit.     The  State 

V.  Fleming,  32  K.  588. 
Law   prohibiting  manufacture   and   sale,   not   repugnant   to   federal   constitution.    .  Foster  v. 

The  State  of  Kansas,   32  K.  765. 
Legislature  may  absolutely  prohibit  manufacture  or  sale  of  intoxicating  liquors.     The  State 

v.   Diirein,   70  K.   13. 
Statute  prohibiting  sale  for  any  purpose,  held  valid.     The  State  v.  Weiss,   84  K.   165. 
Provisions   of  "Bone-Di-y  Law"    accord  with.      See  ch.   215,   Laws    1917.      State   v.   Berry. 

103   K.   891. 

SCHEDULE. 


§1.  Continuation   of   suits,   actions,    etc. 

2.  Fines,  penalties,  bonds,  etc.,  continued. 

3.  Governor,     secretary,     judges,     etc.,     to 

hold  until  superseded. 

4.  Continuance   of   laws   until  repealed  or 
expiration 


§6.   Certain    offices    to    be    kept    at    seat    of 
srovernment. 

7.  Records,    documents,    books,    etc.,    how 

disposed   of. 

8.  Suits,    pleas,    proceedings,   etc.,   to   con- 
tinue. 


5.  Governor  to  use  private  seal  until  state    :      9.  Vote   on   adoption   or   rejection  of   con- 
seal   is   i)royided.  stitution. 


648 


Appendix  B. 


SIO.  Vote,  how  to  be  cast. 

11.  If  adopted,  an  election  to  be  held  for 

members    of    legislature     and     other 
officers. 

12.  Persons  allowed  to  vote  at  first  election. 

13.  Votes  to  be  registered. 

14.  Judges    of   election    to    take    an    oath; 

vacancies  in  board,  how  filled. 

15.  Hours   of   election. 

16.  Poll  books  to  be  furnished. 

17.  Votes,     how     counted;     returns,     how 

made. 

18.  Poll    books    and    tally   lists,    how   kept 

or    returned ;    time    for    making   re- 
turns. 


§19.  County  tribunals  to  canvass  votes;   to 
make    returns    to    president    of    con- 
vention. 
20.   Board     of     state     canvassers;     result, 
how  declared. 
Proclamation    announcing   elections. 
Copies  to  he  transmitted  to  president 
and  to  officers  of  congress. 

23.  Duty   of  governor   upon   notice  of   ad- 

mission of  state. 

24.  First  legislature  not  to  change  county 

lines. 

25.  Separate  vote  on  homestead  question. 


21 


§263.  From  a  Territori.\l  to  a  St.\te  Go\'ernment.  §1.  That  no 
inconvenience  may  arise  from  the  change  from  a  territorial  government  to 
a  permanent  state  government,  it  is  declared  by  this  constitution  that  all 
suits,  rights,  actions,  prosecutions,  reco::nizances,  contracts,  judgments,  and 
claims,  both  as  respects  individuals  and  bodies  corporate,  shall  continue  as 
if  no  change  had  taken  place. 

Does    not    exempt    judgment,    rendered    prior,    from    constitutional    homestead    exemption. 
Cusic  V.  Douglas,  3  K.  123. 

§  264.  Penalties,  Bonds,  etc.  §  2.  All  fines,  penalties  and  forfeitures, 
owing  to  the  territory  of  Kansas,  or  any  county,  shall  inure  to  the  use  of 
the  state  or  county.  All  bonds  executed  to  the  territory,  or  any  officer 
thereof,  in  his  official  capacity,  shall  pass  over  to  the  governor,  or  other 
officers  of  the  state  or  county,  and  their  successors  in  office,  for  the  use  of 
the  state  or  county,  or  by  him  or  them  to  be  respectively  assigned  over  to 
the  use  of  those  concerned,  as  the  case  may  be. 

§  265.  Officers  of  the  Territory.  §  3.  The  governor,  secretary  and 
judges,  and  all  other  officers,  both  ci\dl  and  military,  under  the  territorial 
government,  shall  continue  in  the  exercise  of  the  duties  of  their  respective 
departments  until  the  said  officers  are  superseded  under  the  authority  of 
this  constitution. 

Members  of  the  legi-slature  are  "officers"  of  the  government.     The  State,  ex  rel.,  v.  Meadows, 
1  K.  91. 

§  266.  Laws.  §4.  All  laws  and  parts  of  laws  in  force  in  the  territory 
at  the  time  of  the  acceptance  of  this  constitution  by  congress,  not  incon- 
sistent with  this  constitution,  shall  continue  and  remain  in  full  force  until 
they  expire,  or  shall  be  repealed. 

Corporation   incorporated  by   territorial  legislature  held  legally  existing   corporation.      The 
State,  ex  rel.,  v.  Stormont,  24  K.   686. 

§  267.  Seal.  §  5.  The  governor  shall  use  his  private  seal  until  a  state 
seal  is  provided. 

§  268.  Offices,  Where  Kept.  §  6.  The  governor,  secretary  of  state, 
auditor  of  state,  treasurer  of  state,  attorney-general,  and  superintendent 
of  public  instruction  shall  keep  their  respective  offices  at  the  seat  of 
government. 

§  269.  Court  Records  and  Documents.  §  7.  All  records,  documents, 
books,  papers,  moneys  and  vouchers  belonging  and  pertaining  to  the  several 
territorial  courts  and  offices  and  to  the  several  districts  and  county  offices, 
at  the  date  of  the  admission  of  this  state  into  the  Union,  shall  be  disposed 
of  in  such  manner  as  may  be  prescribed  by  law. 

§  270.  Suits  and  Proceedings.  §  8.  All  suits,  pleas,  plaints  and  other 
])roceedings  pending  in  any  court  of  record,  or  justice's  court,  may  be 
])rosecuted  to  final  judgment  and  execution;  and  all  appeals,  writs  of  error, 
certiorari,  injunctions,  or  other  proceedings  whatever,  may  progress  and 


Annotated  Constitution  of  Kansas.  649 

be  carried  on  as  if  this  constitution  had  not  been  adopted;  and  the  le<hs- 
lature  shall  direct  the  mode  in  which  such  suits,  pleas,  plaints,  prosecutions 
and  other  proceedings,  and  all  papers,  records,  books  and  documents  con- 
nected therewith,  may  be  removed  to  the  courts  established  by  this  con- 
stitution. 

State   courts,    cases   not   transferred   from  territorial  until   provision   made.      McCollum   r. 
Pipe,  7  K.  189. 

§  271.  Ratification  or  Rejection.  §  9.  For  the  purpose  of  taking 
the  vote  of  the  electors  of  this  territory  for  the  ratification  or  rejection  of 
this  constitution,  an  election  shall  be  held  in  the  several  voting  precincts 
in  this  territory',  on  the  first  Tuesday  in  October,  a.  d.  1859. 

§  272.  How  to  Vote.  §  10.  Each  elector  shall  express  his  assent  or 
dissent  by  voting  a  written  or  printed  ballot  labeled  "For  the  Constitution," 
or  "Against  the  Constitution." 

§273.  Majority  in  Favor.  §  11.  If  a  majority  of  all  the  votes  cast 
at  such  election  shall  be  in  favor  of  the  constitution,  then  there  shall  be 
an  election  held  in  the  several  voting  precincts  on  the  first  Tuesday  in 
December,  a.  d.  1S59,  for  the  election  of  members  of  the  first  legislature,  of 
all  state,  district  and  county  officers  provided  for  in  this  constitution,  and 
for  a  representative  in  congress. 

§  274.  Persons  QrAuriFD  to  Vote.  §  12.  All  persons  having  the 
qualification  of  electors,  according  to  the  pro^'isions  of  this  constitution,  at 
the  date  of  each  of  said  elections,  and  who  shall  have  been  duly  registered 
accordins  to  the  provisions  of  the  registry  law  of  this  territory,  and  none 
others,  shall  be  entitled  to  vote  at  each  of  said  elections. 

§  275.  Judges  of  Election.  §  13.  The  persons  who  may  be  judges  of 
the  several  voting  precincts  of  this  territory  at  the  date  of  the  respective 
elections  in  this  schedule  provided  for,  shall  be  the  judges  of  the  respective 
elections  herein  provided  for. 

§276.  The  Same;  Clerks.  §  14.  The  said  judges  of  election,  before 
entering  upon  the  duties  of  their  office,  shall  take  and  subscribe  an  oath 
faithfully  to  discharge  their  duties  as  such.  They  shall  appoint  two  clerks 
of  election,  who  shall  be  sworn  by  one  of  said  judges  faithfully  to  chscharge 
their  duties  as  such.  In, the  event  of  a  vacancy  in  the  board  of  judges,  the 
same  shall  be  filled  by  the  electors  present. 

§  277.  Polls  Open,  When.  §  15.  At  each  of  the  elections  provided 
lor  in  this  schedule  the  polls  shall  be  open  between  the  hours  of  nine  and 
ten  o'clock  a.  m.  and  closed  at  sunset. 

§  278.  Poll  Books.  §  16.  The  tribunals  transacting  county  business 
of  the  several  counties  shall  cause  to  be  furnished  to  the  boards  of  judges  in 
their  respective  counties  two  poll  books  for  each  election  hereinbefore  pro- 
\ided  for,  upon  which  the  clerks  shall  inscribe  the  name  of  every  person 
who  may  vote  at  the  said  elections. 

§  279.  Votes  to  be  Counted.  §  17.  After  closing  the  polls  at  each  of 
the  elections  provided  for  in  this  schedule,  the  judges  shall  proceed  to  count 
the  votes  cast,  and  designate  the  persons  or  objects  for  which  they  were 
cast,  and  shaU  make  two  correct  tally  lists  of  the  same. 

§280.  Poll  Books  and  Tally  Lists.  §18.  Each  of  the  boards  of 
judges  shall  safely  keep  one  poll  book  and  tally  list,  and  the  ballots  cast  at 
each  election;  and  shall,  within  ten  days  after  such  election,  cause  the 
other  poll  book  and  tally  list  to  be  transmitted,  by  the  hands  of  a  sworn 
officer,  to  the  clerk  of  the  board  transacting  county  business  in  their  re- 


650  Appendix  B. 

spective  counties,  or  to  which  the  county  may  be  attached  for  municipal 
purposes. 

§281.  Canvass  OF  Votes;  Transcript.  §19.  The  tribunals  transact- 
ing county  business  shall  assemble  at  the  county  seats  of  their  respective 
counties  on  the  second  Tuesday  after  each  of  the  elections  provided  for  in 
this  schedule,  and  shall  canvass  the  votes  cast  at  the  elections  held  in  the 
several  precincts  in  their  respective  counties,  and  of  the  counties  attached 
for  municipal  purposes.  They  shall  hold  in  safe  keeping  the  poll  books 
and  tally  hsts  of  said  elections,  and  shall,  within  ten  days  thereafter, 
transmit,  by  the  hands  of  a  sworn  officer,  to  the  president  of  this  conven- 
tion, at  the  city  of  Topeka,  a  certified  transcript  of  the  same,  showing  the 
number  of  votes  cast  for  each  person  or  object  voted  for  at  each  of  the 
several  precincts  in  their  respective  counties,  and  in  the  counties  attached 
for  municipal  purposes,  separately. 

§  282.  State  Canvassers.  §  20.  The  governor  of  the  territory  and  the 
president  and  secretary  of  the  convention  shall  constitute  a  board  of  state 
canvassers,  any  two  of  whom  shall  be  a  quorum;  and  who  shall,  on  the 
fourth  Monday  after  each  of  the  elections  provided  for  in  this  schedule, 
assemble  at  said  city  of  Topeka,  and  proceed  to  open  and  canvass  the 
votes  cast  at  the  several  precincts  in  the  different  counties  of  the  territory, 
and  declare  the  result;  and  shall  immediately  issue  certificates  of  election 
to  all  persons  (if  any)  thus  elected. 

§283.  Result.  §21.  Said  board  of  state  canvassers  shall  issue  their 
proclamation  not  less  than  twenty  days  next  preceding  each  of  the  elections 
pro\-ided  for  in  this  schedule.  Said  proclamation  shall  contain  an  an- 
nouncement of  the  several  elections,  the  qualifications  of  electors,  the 
manner  of  conducting  said  elections  and  of  making  the  returns  thereof,  as 
in  this  constitution  provided,  and  shall  publish  said  proclamation  in  one 
newspaper  in  each  of  the  counties  of  the  territory  in  which  a  newspaper 
may  be  then  published. 

§  284.  Copies  to  United  States  Authorities.  §  22.  The  board  of 
state  canvassers  shall  provide  for  the  transmission  of  authenticated  copies 
of  the  constitution  to  the  president  of  the  United  States,  the  president  of 
the  senate  and  speaker  of  the  house  of  representatives. 

§285.  Proclamation.  §23.  Upon  official  information  ha\'ing  been  by 
him  received  of  the  admission  of  Kansas  into  the  union  as  a  state,  it  shall 
be  the  duty  of  the  governor-elect  under  the  constitution  to  proclaim  the 
same,  and  to  convene  the  legislature,  and  to  do  all  things  else  necessarv'  to 
the  complete  and  active  organization  of  the  state  government. 

Territorial   legislature   not   superseded   until   governor's   proclamation   for   state   legislature. 
The  State,  ex  rel.,  v.  Meadows,    1  K.  91;  The  State,  ex  rel.,  v.  Hitchcock,   1  K.   178. 

§  286.  County  Lines.  §  24.  The  first  legislature  shall  have  no  power 
to  make  any  changes  in  county  lines. 

§  287.  HoMESTE.^D  Provision.  §  25.  At  the  election  to  be  held  for  the 
ratification  or  rejection  of  this  constitution,  each  elector  shall  be  permitted 
to  vote  on  the  homestead  provision  contained  in  the  article  on  "Miscel- 
laneous," by  depositing  a  ballot  inscribed  "For  the  Homestead,"  or 
"Against  the  Homestead";  and  if  a  majority  of  all  the  votes  cast  at  said 
election  shall  be  against  said  provision,  then  it  shall  be  stricken  from  the 
constitution. 

See  section  9,  art.  15,  page  645. 


Annotated  Constitution  of  Kansas. 


651 


RESOLUTIONS. 

Sundry  Resolutions.  Resolved,  That  the  congress  of  the  United  States 
is  hereby  requested,  upon  the  apphcation  of  Kansas  for  admission  into  the 
union,  to  pass  an  act  granting  to  the  state  forty-five  hundred  thousand 
acres  of  land  to  aid  in  the  construction  of  railroads  and  other  internal  im- 
provements. 

Resolved,  That  congress  be  further  requested  to  pass  an  act  appropriat- 
ing fifty  thousand  acres  of  land  for  the  improvement  of  the  Kansas  river 
from  its  mouth  to  Fort  Riley. 

Resolved,  That  congress  be  further  requested  to  pass  an  act  granting  all 
swamp  lands  within  the  state  for  the  benefit  of  common  schools. 

Resolved,  That  congress  be  further  requested  to  pass  an  act  appropriat- 
ing five  hundred  thousand  dollars,  or  in  lieu  thereof  five  hundred  thousand 
acres  of  land,  for  the  payment  of  the  claims  awarded  to  citizens  of  Kansas 
by  the  claim  commissioners  appointed  by  the  governor  and  legislature  of 
Kansas  under  an  act  of  the  territorial  legislature  passed  7th  February, 
1859. 

.  Resolved,  That  the  legislature  shall  make  provision  for  the  sale  or  dis- 
posal of  the  lands  granted  to  the  state  in  aid  of  internal  improvements  and 
for  other  purposes,  subject  to  the  same  rights  of  preemption  to  the  settlers 
thereon  as  are  now  allowed  by  law  to  settlers  on  the  public  lands. 

Resolved,  That  it  is  the  desire  of  the  people  of  Kansas  to  be  admitted 
into  the  union  with  this  constitution. 

Resolved,  That  congress  be  further  requested  to  assume  the  debt  of  this 
territory. 

Done  in  convention  at  Wyandotte,  this  29th  day  of  July,  a.  d.  1859. 

JAMES  M.  WINCHELL, 

President  of  the  Kansas  ConMit'it.ionol  Convention,  a)iil 
Member  from  Osofie  County. 


Robt.  Graham, 
J.  A.  Middleton, 
John  Taylor  Burris, 
Wm.  Hutchinson, 
N.  C.  Blood, 
John  P.  Greer, 
W.  P.  Button, 
Wm.  McCullough, 
Jas.  G.  Blunt, 
J.  C.  Burnett, 
Wm.  R.  Griffith, 


Caleb  May, 
S.D.  Houston, 
Josiah  Lamb, 
John  James  Ingalls, 
Saml.  A.  Kingman, 
James  Blood, 
S.  O.  Thacher. 
Edwin  Stokes, 
John  Ritchie. 
Benjamin  F.  Simpson, 
James  M  Arthur, 


Saml.  E.  Hoffman, 
James  H.  Signer, 
Robt.  J.  Porter, 
Luther  R.  Palmer, 
R.  L.  Williams, 
P.  H.  Townsend, 
H.D.Preston, 
Edmund  G.  Ross, 
James  Hanway, 
Allen  Crocker, 
George  H.  Lillie. 


JOHN  A.  MARTIN,  Secretary. 


The  following-named  delegates  to  the  Wvandotte  con\ention  did  not 


>ign  the  constitution: 

J  P.  Slough, 
C.  B.  McClelland, 
J.  \v.  Forman, 
J.  Stiarwalt, 
W.  C.  McDowell, 
A.  D.  McCune, 


John  Wright, 
W.  Perry, 
E.  Moore, 
P.  S.  Parks, 

E.  M.  Hubbard 

F.  Brown, 


Sam.  Hippie, 
S.  A.  Stinson, 
R.C.Foster, 
J.  T.  Barton, 
B.  Wriglev, 
T.  S.  Wright, 


APPENDIX  C. 


THE  WYANDOTTE  CONSTITUTIONAL 
CONVENTION. 

RECOLLECTIONS   BY   HON.   BENJAMIN   F.    SIMPSON. 

(Reprinted  by  permission  of  the  Kansas  State  Historical  Society,  from  "Vols.  1  and  2, 
Kansas  Historical  Collections,  pages  236  to  247,  inclusive.") 

The  delegates  that  assembled  at  Wyandotte  on  the  5th  day  of  July, 
1S59,  to  form  a  constitution  for  the  State  of  Kansas,  met  in  the  shadow 
of  coming  events.  For  even  then  the  approaching  glory  of  Lincoln  was 
lighting  up  the  shame  of  the  Buchanan  administration,  and  the  throes 
of  that  eventful  struggle  that  resulted  in  the  death  of  slavery  were  be- 
ginning to  be  felt  through  all  the  land.  They  were  an  earnest  and  thought- 
ful class  of  men,  who  believed  that  the  National  Republican  party  would 
soon  control  the  Government,  and  admit  Kansas  into  the  Union,  and  to 
them  had  been  committed  the  task  of  laying  deep  and  broad  the  founda- 
tion of  a  new  political  fabric,  rearing  the  superstructure,  placing  the 
columns,  designing  the  entablement,  adjusting  the  dome,  and  surrounding 
the  structure  with  all  the  evergreens  of  a  well-regulated  State. 

They  numbered  fifty-two;  and  of  these  thirty-five  were  Republicans, 
and  seventeen  Democrats — it  being  the  only  Constitutional  convention  held 
in  the  Territory  in  which  all  parties  participated.  Eighteen  delegates 
were  lawyers,  sixteen  farmers,  eight  merchants,  and  five  physicians;  while 
the  surveyors,  land  agents,  manufacturers,  mechanics  and  printers  each  had 
one  or  more  representatives. 

Robert  Graham,  of  Atchison  county,  was  the  oldest  member,  and  his 
years  numbered  fifty-five.  Benjamin  F.  Simpson,  of  Lykins,  who  was  in 
ins  twenty-third  year,  was  the  youngest.  Eighteen  delegates  were  less 
than  thirty  years  old,  eleven  delegates  were  over  forty,  while  one  exceeded 
fifty  years  of  age. 

Five  were  from  Kentucky,  one  from  Virginia,  and  England,  Ireland, 
Scotland  and  Germany  contributed  one  each. 

THE  DELEGATES   BY  COUNTIES. 

Marshall  and  Washington  counties  were  represented  by  J.  A.  Middleton, 
a  young  lawyer,  native  of  Pennsylvania,  and  twenty-five  years  of  age. 

Nemaha  sent  Thomas  S.  Wright,  a  Pennsylvania  lawyer,  aged  fifty  years. 

Brown  was  represented  by  Samuel  A.  Kingman,  a  native  of  Massa- 
chusetts, and  then  in  his  thirty-eighth  year. 

Doniphan  sent  down  Benj.  Wrigley,  formerly  of  Ohio,  a  lawyer,  and 
twenty-nine  years  old;  John  W.  Forman,  a  merchant,  from  Kentucky, 
aged  forty  years;  E.  M.  Hubbard,  merchant,  a  native  of  Kentucky,  and 
thirty  years  of  age;  J.  Stiarwalt,  farmer,  from  Ohio,  and  forty-six  years 
old;  R.  J.  Porter,  a  merchant,  of  Troy,  a  native  of  Pennsylvania,  and 
twenty-eight  3'ears  old. 

Atchison  elected  Robt.  Graham,  a  native  Irishman,  a  merchant  by 
occupation,  aged  forty-five  years;  Caleb  May,  a  Kehtuckian,  farmer,  in  his 
forty-fourth  year;  and  John  James  IngaUs,  born  in  Massachusetts,  a 
lawyer,  aged  twenty-six  years. 

(652) 


SiMPSox:    Wyandotte  Convention.  653 

Leavenworth  contributed  Samuel  A.  Stinson,  a  native  of  Maine,  lawyer 
by  profession,  aged  twenty-six;  Wm.  C.  McDowell,  born  in  Ohio,  a  lawyer, 
and  thirty-one  years  old;  John  P.  Slough,  of  Ohio,  lawyer,  thirty  years 
old;  William  Perry,  a  native  of  New  York,  lawyer,  aged  twenty-eight 
years;  Frederick  Brown,  a  native  of  Germany,  by  occupation  a  manufac- 
turer, and  thirty-two  years  old;  Samuel  Hippie,  formerly  of  Pennsylvania, 
a  land  agent,  twenty-eight  years  old;  Robert  C.  Foster,  born  in  Ken- 
tucky, a  lawyer,  aged  twenty-four  years;  A.  D.  McCune,  Ohio,  a  farmer, 
aged  thirty-one  years;  John  Wright,  Indiana,  a  farmer,  thirty-three  years 
old;  and  Paschal  S.  Parks,  Indiana,  a  lawyer,  twenty-six  years  old. 

From  Johnson  county  there  was  John  T.  Burris,  born  in  Ohio,  a  lawyer, 
and  Dr.  John  T.  Barton,  a  native  of  Virginia,  who  had  lived  twenty-eight 
years. 

Lykins  county  was  there,  in  the  persons  of  W.  P.  Dutton,  born  in  New 
Hampshire,  farmer,  forty-two  years  old;  and  B.  F.  Simpson,  Ohio,  a 
lawyer,  in  his  twenty-third  year. 

The  delegates  from  Linn  county  were:  J.  M.  Arthur,  born  in  Indiana, 
a  farmer,  and  aged  forty-two,  and  Josiah  Lamb,  originally  from  Indiana, 
a  mechanic,  and  of  the  same  age  as  his  colleague. 

Bourbon  county  sent  J.  C.  Burnett,  a  Vermonter,  farmer,  aged  thirty- 
two,  and  William  R.  Griffith,  a  native  of  Indiana,  a  farmer,  and  thirty- 
nine  years  old. 

The  delegate  from  Allen  county  was  J.  H.  Signor,  formerly  of  New  York, 
a  surveyor,  and  only  twenty-five  years  old. 

Woodson  and  Coffey  sent  Allen  Crocker,  a  native  of  Indiana,  a  farmer, 
and  thirty-five  years  old,  and  Samuel  E.  Hoffman,  born  in  Pennsylvania, 
a  lawyer,  aged  twenty-five  years. 

From  Anderson  county,  James  G.  Blunt  was  sent.  He  was  born  in 
Maine,  was  a  physician,  and  thirty-three  years  old. 

Franklin  county  was  represented  by  James  Hanway,  a  native  of  Eng- 
land, a  farmer,  and  was  forty-nine  years  old. 

Douglas  county  had  seven  delegates,  as  follows:  Solon  0.  Thacher,  born 
in  New  York,  a  lawyer,  twenty-eight  years  old;  James  Blood  and  his 
brother,  N.  C.  B^ood,  nntives  of  Vermont,  both  merchants,  the  first  thirty- 
nine  and  the  other  forty-two  years  of  are;  Wm.  Hutchinson,  a  Vermonter, 
farmer,  and  thirty-five  years  old;  R.  L.  Williams,  born  in  Kentucky,  a 
merchant,  and  aged  forty-two  years;  P.  H.  Townsend,  New  Hampshire, 
a  farmer,  thirty-three  years  old;  and  Ed.  Stokes,  a  Pennsylvanian,  a 
manufacturer,  thirty-five  years  of  age. 

Shawnee  county  sent  John  P.  Greer,  a  native  of  Ohio,  a  lawyer,  aged 
thirty-eight;  John  Ritchie,  Ohio,  farmer,  aged  forty-one;  and  H.  D.  Pres- 
ton, New  Hampshire,  farmer,  aged  twenty-eight. 

Madison,  Hunter,  Greenwood,  Butler  and  Wilson  counties  constituted 
one  district,  and  elected  George  H.  Lillie,  of  Ohio,  a  lawyer,  thirty-five  years 
old. 

Osage,  Morris,  Breckenridge  and  Chase  counties  made  one  district,  and 
sent  James  M.  Winchell  and  Wil'ir>m  McCullough,  who  was  a  native  of 
Scotland,  a  farmer,  and  aged  forty-four. 

Wahaimsee.  Davis,  Dickinson,  and  Clay  counties  were  a  district,  repre- 
sented by  E.  G.  Ross,  who  was  a  native  of  Ohio,  a  printer,  and  thirty-two 
years  old. 

Pottawatomie  county  sent  Luther  R.  Palmer,  a  native  of  New  York,  a 
physician,  and  forty  years  old. 

Jefferson  county  was  represented  by  C.  B.  McClelland,  Ohio,  a  mer- 
chant, thirty  years  old. 


654  Appendix  C. 

Jackson  county  sent  Ephraim  Moore,  Ohio,  a  manufacturer,  aged  thirty 
years. 

Riley  county  was  heard  from  in  the  person  of  Samuel  D.  Houston,  a 
native  of  Ohio,  a  farmer,  aged  forty  years. 

A  very  large  proportion  of  these  delegates  were  comparatively  new  men, 
whc  iiad  not  participated  in  the  Free-State  meetings  and  councils,  and 
were  unacquainted  with  each  other.  This  enabled  the  old  stagers  in  Ter- 
ritorial politics,  like  Winchell,  Thacher,  Ritchie,  Ross,  Blood,  Kingman, 
Hutchinson,  Hanway,  and  Houston,  to  control  the  organization. 

This  was  not  had,  however,  without  the  usual  picket  firing  and  recon- 
noissance  in  force,  for  in  those  days  the  Neosho  Valley,  the  Border  Tier, 
and  Nineteen  Disfranchised  Counties  were  jealous  of  the  Lawrence  and 
Leavenworth  politicians;  and  little  geographical  tea  parties,  like  the  one 
recently  held  at  Great  Bend,  where  men  spit  blood,  breathed  fire,  and 
predicted  the  most  direful  results  if  the  valleys  were  ignored  by  the  high- 
lands, were  of  frequent  occurrence. 

THE    PRESmENT   OF    THE    CONVENTION. 

The  fight  for  the  presidency  of  the  Convention  gave  occasion  for  the 
invocation  of  this  local  prejudice,  and  James  M.  Winchell,  who  was  in- 
terested in  a  town  called  Superior,  in  Osage  county,  but  who  spent  most 
of  his  time  in  Lawrence,  or  oscillating  between  these  points,  was  the  bene- 
ficiary of  this  senseless  antagonism  between  combative  localities,  and  was 
chosen  permanent  president  of  the  Convention.  He  was  a  skillful  or- 
'=!;anizer,  and  a  shrewd  manipulator  of  men.  His  victory  was  the  easier 
from  the  fact  that  none  of  the  more  celebrated  chiefs  of  the  Free-State 
party  were  members  of  the  Convention.  Lane,  Robinson,  Pomeroy,  Con- 
way, and  Phillips  v/ere  not  candidates,  wloile  Ewing  and  Parrott  were 
beaten  at  the  election — Leavenworth  county,  at  that  time,  being  darkened 
by  the  fogs  and  smoke  of  a  Democratic  majority. 

Winchell  came  to  the  Territory  as  the  accredited  correspondent  of  the 
New  York  Times;  was  about  thirty-five  years  of  age,  rather  under  the 
medium  height,  of  delicate  frame  and  slight  build;  was  an  accomplished 
parliamentarian,  of  quick  perceptions,  great  decision  and  remarkably  clear 
statement ;  his  manners  were  genial,  he  was  a  fluent  speaker,  and  possessed 
the  average  impartiality  of  a  presiding  officer.  He  had  the  first  and  most 
essential  qualifications  of  a  successful  man,  for  he  fully  recognized  the  fact 
that  absolute  fidelity  to  friends  was  the  basis  of  all  poUtical  action,  and 
he  gave  to  those  who  had  championed  his  cause  for  the  presidency  the 
chairmanship  of  the  most  important  committees.  He  was  addicted  to  a 
Ijlue  coat  and  brass  buttons — of  course,  a  swallow-tail.  A  frock  with  brass 
buttons  is  an  abomination  in  the  sight  of  the  Lord,  and  is  never  permitted 
outside  of  the  army  and  the  other  branch  of  the  service  that  was  presided 
over  so  long  and  gracefully  by  that  Neptune  of  the  Wabash,  whose  first 
lesson  of  seamanship  was  poling  Judge  Usher  across  the  river  in  a  flat- 
bottomed  craft  called  a  scow. 

The  manner  in  which  he  presided  over  the  Convention,  his  judicious 
use  of  the  patronage  of  his  position;  his  efforts  on  the  floor,  showing 
thought,  research  and  ability  as  a  debater,  and  a  capacity  for  other  and 
better  places,  made  Winchell  many  friends  and  some  rei)utation,  and  he 
began  to  talk  and  be  talked  about  for  the  LTnited  States  Senate — for  be  it 
ever  remembered  that  Washington  is  the  Mecca  of  the  average  Kansas 
I)o'itician;  the  Senate  the  13eitu-'llah;  the  Committee  of  Indian  Affairs  the 
gray  stone  at  the  southeast  angle  of  the  Kaaba  that  it  is  so  meritorious 
to  touch,     .^s  soon  as  the  Constitutional  Convention  adjourned,  most  of 


Simpson:    Wyandotte  Convention.  655 

the  members  went  to  Lawrence  as  delegates  to  the  Congressional  Conven- 
tion, and  they  there  made  Winchell  president  of  that.  On  the  12th  day  of 
October  succeeding  came  the  Convention  to  nominate  State  officers,  under 
the  Wyandotte  Constitution.  Winchell  made  an  effort  to  obtain  the 
presidency  of  that,  but  was  defeated  by  Wm.  A.  Phillips,  of  Arapahoe 
county,  by  two  votes.  Arapahoe  county  at  that  time  embraced  all  of  the 
rerritor>'  west  of  the  Dickinson  county  line  that  now  constitutes  the  larger 
part  of  Kansas,  and  the  greater  part  if  not  all  of  Colorado.  Winchell's 
next  appearance  was  in  the  Territorial  Legislature — the  last — as  a  candi- 
date for  Speaker  of  the  House  of  Representatives,  but  John  W.  Scott,  of 
Allen  county,  defeated  him.  He  lingered  in  the  State  until  Lane  and 
Pomeroy  were  chosen  as  our  first  Senators,  and  then  went  back  to  New 
York,  where  he  died  a  few  years  ago. 

The  last  House  of  Representatives  of  the  Territorial  Legislature  con- 
tained seven  members  who  were  among  the  delegates  to  the  Wyandotte 
Convention — Wm.  Perry,  of  Leavenworth  county;  Geo.  H.  Lillie,  of 
Breckenridge ;  John  T.  Burris,  of  Johnson;  B.  F.  Simpson,  of  Lykins; 
James  Hanwa}',  of  Franklin;  James  M.  Winchell,  of  Osage;  and  J.  C. 
Burnett,  of  Bourbon.  Three  of  its  members  subsequently  became  Attorney- 
General  of  the  State,  and  I  give  them  in  the  order  of  their  election :  Simp- 
son, Guthrie,  and  Brumbaugh.  But  to  return  to  the  convention,  and 
reserve  this  House  for  a  future  sketch. 

S.  0.  Thacher,  of  Douglas  county,  was  made  President  pro  tern.,  with 
great  unanimity,  a  large  minority  having  favored  his  election  as  President 
instead  of  Winchell.  The  applicants  for  the  position  of  Secretary  of  the 
Convention  were  numerous  and  untiring  in  their  soUcitation  of  members 
for  their  votes  and  influence,  but  no  one  of  them  seemed  to  be  regarded 
with  the  degree  of  favor  that  created  reasonable  probabilities  of  success, 
and  doubts  were  entertained  of  their  fitness  for  the  place. 

THE    SECRETARY. 

John  A.  Martin,  of  Atchison,  was  there  to  witness  the  opening  cere- 
monies, and  to  report  them  for  his  paper.  He  was  a  most  devoted  cru- 
.sader  in  the  cause  of  freedom;  was  young,  enthusiastic,  hopeful,  and  withal 
of  practical  methods.  Two  years  before  he  had  invaded  a  strong  Pro- 
Slavery^  neiihborhood,  bought  what  had  been  their  own  newspaper,  and 
thus  employed  one  of  their  most  formidable  batteries  against  them,  and 
had  been  largely  instrumental  in  working  up  a  Free-State  sentiment  that 
was  then  strong  enough  to  control  that  locality.  He  had  been  one  of  the 
warmest  advocates  of  the  organization  of  the  Republican  party  in  the  Ter- 
ritory, and  was  one  of  the  secretaries  of  the  Osawatomie  convention.  His 
generous  treatment  of  the  public  men  of  the  Territory,  his  freedom  from 
local  or  personal  prejudice,  was  in  such  marked  contrast .  to  the  action 
of  many  of  his  cotemporaries  as  to  create  a  most  friendly  feeling  in  his 
behalf,  and  the  delegates  generally  had  confidence  in  his  judgment  and 
discretion;  so  that  the  suggestion  of  his  name  as  secretary,  at  a  consultation 
of  delegates  held  to  consider  that  and  other  questions,  was  accepted  at  once 
and  with  great  unanimity  as  the  proper  solution  of  the  difficulty  of  selec- 
tion. The  first  intimation  he  had  of  the  action  of  that  caucus  was  when  its 
committee  waited  on  him,  and  urged  him  to  accept  the  place.  It  is  per- 
haps use'ess  to  add  that  he  discharged  the  duties  of  secretary  to  the  entire 
satisfaction  of  the  body,  and  his  bearing  and  conduct  were  such  that  he 
endeared  himself  to  the  delegates;  and  to-day,  whenever  you  find  a  mem- 
ber of  that  body,  you  find  a  warm  friend  and  ardent  admirer  of  John  A. 
Martin. 


656  Appendix  C. 

My  record  of  him  might  stop  here;  but  it  is  so  pleasant  to  say  kind 
words  of  a  friend,  with  the  consciousness  that  no  one  can  truthfully  say 
aught  else,  that  I  add  his  subsequent  well-known  history.  He  was  one  of 
the  first  state  senators  from  Atchison  county,  and  then  postmaster  of  the 
city;  led  one  of  our  best  infantry  regiments  as  a  colonel  during  most  of  its 
term  of  service — a  gallant  soldier,  without  stain  or  blemish;  has  represented 
the  Repubhcans  in  all  but  one  national  convention  since  1860;  is  now 
serving  the  fourth  term  as  a  member  of  the  National  Committee;  and  has 
fostered  and  improved  his  paper,  until  to-day  it  is  the  most  influential  of 
all  our  dailies. 

J.  L.  Blanchard,  of  Anderson  county,  was  selected  for  Assistant  Secre- 
tary, and  made  Col.  Martin  a  very  popular  and  efficient  help-mate. 

THE    SERGEANT   AND    CHAPLAIN. 

The  position  of  sergeant-at-arms  was  assigned  to  George  F.  Warren, 
who  had  a  prescriptive  right  to  the  office,  ha\dng  served  in  that  capacity 
at  every  session  of  the  Territorial  Legislature  since  the  advent  of  the  Free- 
State  party  to  power.  Warren  was  an  active,  restless  busybody,  who  con- 
scientiously believed  that  the  whole  responsibilit}^  of  any  convention  or 
Legislature  that  he  was  connected  with  was  upon  his  shoulders,  but  he  al- 
ways discharged  the  duties  of  his  position  with  great  efficiency,  and  re- 
lieved the  monotony  of  adjournments  by  the  purchase  of  Territorial  scrip 
at  40  per  cent  discount. 

Werter  R.  Davis  was  the  good-looking  and  able  Chaplain  of  the  Con- 
vention. His  prayers  were  short  and  fervent,  his  Sunday  sermons  able 
and  eloquent.  He  made  himself  a  universal  favorite  by  his  pleasant  de- 
meanor, and  great  interest  in  the  daily  sessions,  and  we  aU  confidently 
looked  forward  to  the  day  when  we  could  salute  him  as  Bishop. 

CHAIRMEN   OF   COMMITTEES 

The  organization  was  speedily  completed  by  the  prompt  formation  and 
announcement  of  the  committees  by  President  Winchell.  The  selection  of 
Blunt,  as  chairman  of  the  Committee  on  Militia,  was  such  a  happy  coin- 
cidence that  in  the  fight  of  subsequent  events  it  looks  like  inspiration,  but 
it  is  hardly  possible  that  Winchell  could  surmise  that  in  a  few  short  years 
he  would  be  one  of  the  most  distinguished  soldiers  of  the  Republic. 

Kingman  was  chairman  of  the  Judiciary,  and  he  was  subsequently  both 
Associate  and  Chief  Justice  of  the  Supreme  Court;  Thacher,  the  Legisla- 
ture; Burris,  the  Schedule;  Graham,  the  Corporation;  Simpson,  the 
Finance  and  Taxation;  Ingalls,  the  Phraseology;  Jas.  Blood,  the  Ordi- 
nance; and  Preston,  the  Apportionment. 

LEADERS   OF   THOUGHT. 

In  such  a  body  as  this,  composed  of  fifty-two  active  minds,  every  one  of 
which  was  ambitious  to  have  some  thought  or  suggestion  engrafted  on  the 
body  of  the  organic  law,  there  was  an  earnest  struggle  for  leadership,  and 
in  such  a  contest  the  fierce  winnowing  fan  soon  separates  the  chaff  from 
the  grain,  and  first-class  capacity  goes  straight  to  the  front. 

The  discussion  of  questions  wandered  over  a  large  range  of  inquiry,  and 
embraced  an  unlimited  variety  of  subjects,  and  while  occasionally  some 
one  delegate  showed  his  superiority  on  a  question  tjo  which  he  had  given 
thought  and  preparation,  it  was  soon  easily  discerned  that  the  leading  and 
controlling  men  were  Thacher  and  Kingman,  on  the  Republican  side,  and 
Stinson  and  McDowell  among  the  Democrats.    Their  familiarity  with  the 


Simpson:    Wyaxdotte  Coxvextiox.  657 

whole  structure  of  fundamental  law  was  enforced  by  the  prompt  and  vigor- 
ous discussion  of  questions  that  would  be  suddenly  ejected  into  the  body 
of  the  debate  in  the  shape  of  amendments  to  the  reports  of  the  committees 
that  had  in  charge  special  parts  of  the  instrument,  and  of  which  they 
could  have  no  knowledge  until  they  were  offered  by  their  authors  as  addi- 
tions or  substitutes  to  articles  or  sections.  This  brought  into  requisition 
their  ready  knowledge  and  wonderful  comprehension,  and  was  the  severe 
test  by  which  the  leadership  of  the  Convention  was  determined. 

I  know  the  treachery  of  memory,  and  the  alternate  "shine  and  glimmer" 
of  recollection,  and  fearing  that  my  early  impression  of  the  mental  power 
of  these  men  might  have  been  the  product  of  most  personal  friendly  rela- 
tions, and  that  I  might  have  awarded  them  a  prominence  not  justified,  I 
have,  since  I  commenced  to  write  this  sketch,  carefully  read  the  reported 
discussions  of  that  body  and  reviewed  its  scenes,  incidents  and  labors;  and 
having  done  so,  I  am  satisfied  that  I  have  accorded  the  leadership  where 
it  properly  belonged. 

At  the  same  time  it  is  due  to  others  and  to  the  truth  of  history  to  de- 
clare that  Winchell,  Ingalls,  Slough,  Blunt,  "Wrigley,  Blood,  Houston  and 
Burris  were  among  the  leading  men  of  the  Convention,  and  greatly  aided 
in  giving  expression  to  the  most  wise  and  beneficent  provisions  of  the 
Constitution. 

STINSON. 

What  a  galaxy  of  bright  minds  there  was  in  Leavenworth  in  the  early 
days: — Stinson,  Ewing,  Parrott,  Perry,  McDowell,  McCahon,  Slough,  and 
Gamble.  I  name  only  those  that  are  gone.  There  is  some  good  material 
left.  Of  all  these,  the  most  genial,  magnetic,  versatile  and  accomplished 
was  Samuel  A.  Stinson.  He  was  born  in  the  good  state  of  Maine,  and  if  I 
mistake  not,  was  a  graduate  of  Bowdoin,  the  oldest  and  best  endowed  col- 
lege in  the  state.  He  was  tall,  well  formed,  with  a  bright,  fresh  face — 
indeed,  his  complexion  was  as  delicate  as  that  of  a  woman — with  hair 
struggling  between  shades  of  brown  and  light,  a  joyous  disposition,  pleas- 
ant smile,  and  most  affable  manners.  He  devoured  books,  rather  than 
read  them,  his  tenacious  memory  enabling  him  to  call  up  their  contents  at 
will.  His  voice  was  clear  and  flute-like,  \vith  the  most  persuasive  accents, 
and  his  wit  sparkling  and  contagious.  It  was  impossible  to  be  in  his  pres- 
ence and  Usten  to  his  bright  saUies  without  having  all  your  brighter  and 
better  faculties  started  into  action.  He  was  a  most  graceful  and  fluent 
speaker,  with  a  wealth  of  words  and  great  power  of  oratorical  amphfication. 
His  poise  was  perfect,  and  his  gestures  the  most  appropriate  and  graceful, 
with  no  "smell  of  the  lamp,"  or  strained  effort,  about  his  production;  and 
yet  they  were  exuberant,  fervid,  and  rich.  He  was  the  Rufus  Choate  of 
the  Kansas  bar.  He  was  the  Democratic  candidate  for  Associate  Justice 
of  the  Supreme  Court,  under  the  constitution  to  the  formation  of  which  he 
contributed  so  much,  but  which  he  was  finally  prevailed  on  not  to  sign; 
was  subsequently  elected  Attorney-General  of  the  State,  and  as  such  con- 
ducted the  impeachment  cases  against  Secretary  of  State  Robinson  and 
Auditor  of  State  Hilyer,  being  pitted  against  Governor  Shamion  and  the 
Hon.  Fred  P.  Stanton,  both  eminent  lawyers,  with  long  years  of  experience 
to  aid  them,  and  established  national  reputations  to  sustain  them;  and 
whatever  may  be  the  opinions  of  the  men  of  those  days  as  to  the  motives, 
merits  and  results  of  the  impeachment  cases,  all  must  admit  that  the  pro- 
fessional triumph  of  the  trial  was  with  Stinson.  He  was  only  twenty-six 
years  old  when  a  member  of  the  convention.    The  gods  loved  him,  and  he 

42 — 773 


658  Appendix  C. 

died  at  his  old  home  in  Wiscassett,  Maine,  on  the  20th  of  February,  1866, 
aged  thirty-three  years. 

MC  DOWELL. 

An  entirely  different  type  of  man  was  his  colleague  from  Leavenworth 
county,  William  C.  McDowell.  He  was  the  son  of  a  prominent  lawyer 
and  politician  of  Ohio,  and  was  born  at  Hillsborough  in  that  state,  and 
educated  to  the  bar.  He  was  a  strong,  logical  talker,  trying  always  to 
submit  every  question  to  the  purifying  process  of  reason,  but  without  the 
captivating  graces  of  oratory  that  so  distinguished  Stinson.  His  speeches 
were  studied  efforts,  carefully  arranged,  with  copious  citations,  and  nu- 
merous authorities.  He  was  convivial  and  very  pleasant  in  personal  inter- 
course, and  told  stories  and  repeated  witticisms  with  great  effect.  But  the 
stories  and  wit  were  not  of  his  own  creation,  for  he  was  not  an  electro- 
motor like  Stinson,  who  generated  the  most  sparkling  gems  of  thought  and 
expression  by  both  repulsion  and  attraction. 

I  never  heard  Stinson  on  the  stump,  but  McDowell  was  one  of  the 
best  talkers  in  that  line  in  the  Territory.  I  recollect  a  joint  discussion 
between  Marcus  J.  Parrott  and  McDowell  at  Paola,  in  the  fall  of  1859. 
Parrott  was  the  Republican  candidate  for  delegate  to  Congress,  and  the 
Democratic  nominee  was  Sanders  W.  Johnston,  who  had  been  one  of  the 
Territorial  judges,  and  a  Free-State  man,  who  was  then  practicing  law  in 
Leavenworth.  For  some  reason  he  never  met  Parrott  in  debate.  In  the 
earlier  stages  of  the  canvass,  Geo.  W.  Purkins,  a  somewhat  celebrated 
lawyer  of  Leavenworth,  essayed  the  task,  but  the  qualities  of  the  Parrott 
metal  soon  caused  him  to  retire,  and  McDowell  was  thrown  into  the  breach 
to  try  and  save  the  Territory  to  the  great  National  Democratic  party, 
that  was  composed  of  the  old  Pro-Slavery  and  the  Free-State  Democrats, 
who  fused  on  the  organization  of  the  RepubUcan  party  in  the  Territory. 

PARROTT. 

Parrott  was  the  most  splendid  declaimer  in  the  Territory.  He  strung 
adjectives  to  adverbs  and  attached  them  to  nouns  with  a  fertility  of  ar- 
rangement and  a  variety  of  meaning  and  expression  that  was  wonderful. 
He  was  to  all  intents  and  purposes  a  disciple  of  Buckle,  and  most  of  his 
public  addresses  were  an  amplification  or  a  paraphrase  of  some  texts  of 
that  most  ingenious  writer.  Before  an  audience  he  was  bright,  captivating 
and  earnest.  He  had  been  prominently  associated  with  the  Free-State 
cause,  and  had  great  personal  popularity;  but  McDowell  had  an  inde- 
scribable way  of  "putting  things"  to  a  crowd  that  was  irresistible,  and  I 
thought  his  closing  speech  at  that  meeting  was  a  most  extraordinary  effort; 
and  I  recollect  well  that  he  took  the  house  by  storm,  although  two-thirds 
of  the  audience  were  ardent  supporters  of  Parrott.  McDowell  was  elected 
Judge  of  the  First  District,  at  the  election  under  the  constitution,  and 
died  in  1867. 

THOMAS  EWING,   JR. 

Thomas  Ewing,  jr.,  did  not  possess  the  social  qualities  of  either  Stinson, 
McDowell  or  Parrott — he  was  more  reserved  and  dignified ;  neither  had  he 
the  ever-bubbling  wit  and  the  ready  learning  of  Stinson,  nor  the  eloquent 
recitative  powers  of  Parrott;  but  he  did  possess  the  most  sturdy,  massive 
and  comprehensive  mind  of  any  man  that  ever  lived  in  the  Territory. 
But  it  required  great  occasions  and  intense  excitement  to  develop  his 
qualities. 

All  who  were  present  will  recollect  his  wonderful  exhibition  of  power 
La  the  discussion  of  the  question  of  voting  or  non-voting  under  the  Le- 


Simpson:    Wyandotte  Convention.  659 

compton  Constitution,  at  Lawrence,  in  December,  1857.  I  heard  him  once 
under  circumstances  that  I  shall  never  forget.  It  was  in  Washington 
during  the  impeacliment  proceedings  against  Andrew  Johnson.  Both  sides 
had  arranged  for  a  great  popular  demonstration  in  front  of  the  Judiciary 
Square,  and  it  happened  that  both  meetings  were  called  for  the  same 
evening,  at  the  same  place.  The  speakers'  stands  of  the  respective  fac- 
tions were  almost  within  hearing  distance  of  each  other,  and  the  friends  of 
impeachment,  and  the  adherents  of  Johnson,  were  only  separated  by  a 
scattered  hne  of  metropolitan  policemen.  The  excitement  was  intense, 
and  great  trouble  was  imminent.  I  never  saw  such  feehng,  or  saw  such 
emotion  portrayed,  even  on  the  eve  of  a  great  battle.  The  crowd  of 
highly-inflamed  people  that  attended  both  meetings  was  simply  immense. 
I  recollect  that  a  large  number  of  Kansas  people  attended  the  impeach- 
ment meeting,  with  the  old  fighting  Territorial  blood  surging  through  their 
veins,  and  the  history  of  their  State  flitting  through  their  heads,  with 
chips  on  their  shoulders,  eager  for  some  angry  Johnsonite  to  knock  them 
off.  The  impeachment  speakers  were  moderate  and  conservative  in  tone 
to  the  last,  when  a  radical  member  of  Congress  from  Tennessee  made 
one  of  the  most  personally  offensive  and  savage  attacks  on  Johnson  that 
I  ever  heard  from  the  lips  of  man.  I  think  it  was  General  Stokes.  Both 
crowds  had  by  that  time  become  tired,  and  great  numbers  had  left,  but 
the  excitement  was  so  great  that  those  managing  the  impeachment  side 
thought  best  to  dismiss  their  meeting. 

I  walked  over  to  the  other  one,  that  was  still  in  progress.  Ewing  was 
just  beginning  his  speech,  and  his  face  and  frame  showed  that  he  was 
swayed  by  the  most  intense  excitement.  The  torches  had  burned  low,  and 
their  dying  and  spasmodic  flare  threw  a  weird  light  over  the  scene.  Ewing 
seemed  to  have  expanded  into  colossal  proportions,  and  with  a  face  dark- 
ened by  passion,  and  a  voice  that  could  be  distinctly  heard  above  all  the 
noise  and  din  of  the  crowd,  was  denouncing  the  leaders  of  impeachment, 
their  plot  to  destroy  the  Government,  their  allies  and  abettors,  the  public 
sentiment  that  demanded  the  removal  of  Johnson,  and  predicting  all  kinds 
of  disasters  should  the  President  be  impeached. 

I  did  not  relish  such  talk,  and  I  walked  away  from  the  scene  with 
my  old  army  commander.  General  Blunt.  We  proceeded  several  blocks 
before  the  silence  was  broken,  and  then  Blunt  said,  in  his  slow,  deliberate, 
and  mournful  way,  "I  never  liked  Ewing — I  never  thought  he  was  sincere 
— but  that  is  the  most  tragic  and  impassioned  speech  I  ever  heard."  And 
it  was.  It  has  been  a  marvel  to  me  ever  since  that  he  did  not  so  inflame 
the  Southern  adherents  of  Johnson  that  night  as  to  cause  bloodshed. 

SOLON    O.    THACHER    ON    FREEDOM. 

The  great  speech  of  that  convention  was  delivered  by  Judge  Solon  0. 
Thacher,  of  Douglas,  in  opposition  to  a  resolution  ofi'ered  by  Mr.  McCune, 
of  Leavenworth  county,  asking  that  "free  negroes"  be  excluded  from  a 
residence  in  the  State.  From  the  circumstances  attending  the  delivery,  I 
do  not  believe  that  the  effort  was  a  premeditated  one,  for  the  cruel  propo- 
sition was  offered  in  the  midst  of  the  consideration  of  other  questions,  and 
without  notice.  After  several  others  had  spoken,  and  notably.  Gen.  John 
Ritchie,  who  had  made  a  most  earnest  protest  against  it.  Judge  Thacher 
took  the  floor,  and  delivered  the  most  scholastic,  eloquent  and  unanswer- 
able argument  in  opposition  to  it.  That  speech  settled  the  question  in 
favor  of  the  absolute  freedom  of  the  Kansas  soil  to  all  colors  and  conditions 
in  life.    I  am  sorry  to  record  the  fact  that  the  occasion  demanded  such  a 


660  Appendix  C. 

splendid  tribute  to  freedom,  for  the  vote  stood  twenty-one  for  it,  and 
twenty-six  against  it. 

THE  DEBATERS. 

Kingman,  Thacher,  James  Blood,  Winchell,  Blimt,  Burris,  Graham, 
Ingalls,  Greer,  Griffith,  Hutcliinson,  Slough,  Stinson,  McDowell,  Ritchie, 
Wriiley  and  Houston  participated  in  all  the  general  debates,  Houston 
and  Blunt  doing  perhaps  more  than  their  fair  share  of  talking.  The  hard- 
fought  questions  were  the  establishment  of  the  northern  and  western 
boundaries  of  the  State,  the  exclusion  of  free  negroes,  the  apportionment 
for  members  of  the  first  State  Legislature,  and  the  homestead-exemption 
clause.  Finally,  when  the  constitution  had  been  adopted  as  a  whole,  and 
was  ready  for  signature,  the  Democrats  refused  to  sign,  principally  be- 
cause of  the  apportionment,  for  by  the  adoption  of  that  all  hope  of  the 
election  of  Democratic  United  States  senators  was  gone.  The  justification 
for  that  apportionment  scheme,  that  to  the  naked  eye  looked  somewhat 
like  "skullduggery" — a  familiar  expression  in  those  days — was  the  fact 
that  in  the  election  for  delegate  to  Congress,  the  Republicans  had  only 
about  two  thousand  majority  in  the  Territory;  that  the  Free-State  Demo- 
crats, and  many  who  had  never  been  Democrats,  but  were  opposed  to  the 
negroes  coming  into  the  State,  and  the  Pro-Slavery  men,  had  formed  a 
formidable  and  compact  organization,  and  this,  aided  by  all  the  power  and 
patronage  of  the  Federal  Goverrmaent,  might  control  the  organization  of 
the  State  on  our  admission,  and  for  this  reason  a  most  ordinary  dictate  of 
political  action  was  observed  by  forming  the  Senatorial  and  Representa- 
tive districts  in  such  manner  that  the  Republicans  would  be  assured  of  a 
majority  of  the  Legislature.  It  caused  great  feeling  at  the  time,  and  the 
Democrats  in  and  out  of  the  convention  howled  hke  a  Marshall  county 
cyclone. 

SUBSEQUENT  BIOGRAPHY  OP  DELEGATES. 

Of  the  members  of  the  Convention,  J.  M.  Arthur  and  Josiah  Lamb,  of 
Linn  county,  are  both  dead. 

Wm.  R.  Griffith,  of  'Bourbon,  was  elected  Superintendent  of  PubUc  In- 
struction at  the  first  election  under  the  Constitution  he  helped  to  form. 
He  died  at  Topeka,  on  the  12th  day  of  February,  1862.  J.  C.  Burnett,  of 
Bourbon,  was  elected  to  the  last  Territorial  Legislature;  was  a  member  of 
the  first  State  Senate;  appointed  register  of  the  Fort  Scott  land  office,  and 
now  lives  in  Russell  county.  Caleb  May,  of  Atchison,  now  lives  in  Mont- 
gomery.   Robert  Graham,  of  Atchison  county,  is  dead. 

John  J.  Ingalls,  of  Atchison,  is  now  the  senior  Senator  from  Kansas.  He 
was  the  recognized  scholar  of  the  Convention,  and  authority  on  all  ques- 
tions connected  with  the  arrangement  and  phraseology  of  the  instrument. 
Whenever  he  suggested  a  verbal  amendment  it  was  adopted  by  consent. 
He  was  then  in  his  twenty-sixth  year,  and  was  a  comely  youth  to  look  upon. 
But  I  will  venture  the  assertion  that  he  would  not  wear  at  his  daily 
attendance  in  the  Senate  such  a  hat  as  he  wore  during  the  sittings  of  that 
Convention!  It  was  a  cheap,  broad-brimmed  chip,  with  the  crown  shoved 
up  until  it  assumed  the  shape  of  a  cone,  and  then  straws  were  taken  out 
until  there  were  more  holes  in  the  top  than  plaits  of  straw ;  and  while  time 
has  effaced  the  other  peculiar  features  of  that  wonderful  tile,  I  do  recollect 
that  it  was  an  ever-recurring  subject  of  comment. 

John  T.  Burris,  of  Johnson  county,  my  room-mate,  was  a  member  of  the 
last  Territorial  Legislature,  and  soon  after  the  election  of  Lane  and 
Pomeroy  he  was  appointed  United  States  District  Attorney;  resigned  that 
place  to  serve  in  the  army  as  Lieutenant-Colonel  of  the  Tenth  Regiment, 


SiMPSox:    Wyandotte  Convention.  661 

and  mustered  out  at  the  expiration  of  its  term  of  service.  During  the 
Price  raid,  in  the  fall  of  1864,  he  served  on  the  staff  of  Major  General 
Blunt,  as  a  volunteer  aide,  and  he  and  I  carried  the  field  orders  in  all  the 
various  engagements.  He  was  as  gallant  a  soldier  as  ever  wore  a  sword. 
After  the  war  he  was  Speaker  of  the  House  of  Representatives,  and  on  the 
formation  of  the  Tenth  Judicial  District  was  made  Judge.  He  is  now 
practicing  law  at  Olathe. 

Edmund  G.  Ross,  of  that  convention,  and  afterwards  United  States 
Senator,  (and  as  a  member  of  the  Legislature  I  voted  for  him),  was  another 
army  comrade.  He  lost  two  horses  at  Little  Blue.  All  through  that  day 
he  was  one  of  the  coolest  and  bravest. 

General  Blunt,  with  a  little  army  of  3,500,  fought  Price's  whole  force, 
while  the  Kansas  militia  and  other  troops  were  within  hearing  of  our  guns 
;md  wanted  to  come  to  us,  but  were  held  back  by  Curtis  and  Carney. 
Some  day  the  history  of  that  campaign  will  be  written,  and  the  credit 
given  to  James  G.  Blunt  that  is  his;  for  he,  and  he  alone,  among  all  the 
generals,  saved  Kansas  from  ruin  and  devastation.  Had  it  not  been  for 
him,  brave  Tom  Moonlight,  gallant  Charley  Blair  and  heroic  Sam.  Craw- 
ford would  never  have  had  an  opportunity  to  fight  for  their  State  and 
their  homes. 

James  Hanway  of  Frankhn,  Col.  James  Blood  of  Douglas,  Luther  R. 
Palmer  of  Pottawatomie,  and  John  P.  Greer  of  Shawnee,  are  still  living  in 
their  respective  localities,  honored  and  respected  citizens. 

R.  C.  Foster,  of  Leavenworth,  who  was  next  to  the  youngest  member, 
and  with  whom  I  served  in  the  State  Senate  in  1867-8,  is  the  attorney  for 
the  M.  K.  &  T.  Railway  Company  for  Texas,  and  lives  in  Denison. 

George  H.  Lillie  lives  at  Eureka,  Greenwood  county,  and  is  Probate 
Judge.  I  had  the  pleasure  of  spending  an  hour  in  his  office  last  summer, 
and  found  him  the  same  kind,  generous  friend  as  when  we  associated  in  the 
Convention  and  Territorial  Legislature.  Samuel  Hippie  and  Wm.  Perrj- 
are  dead. 

Every  day  when  at  home  I  see  the  genial  face  and  good  gray  head  of 
Wm.  P.  Dutton,  of  Lykins.  Slough  went  to  New  Mexico;  fought  gallantly 
in  the  army,  and  was  killed  in  an  affray  with  an  army  officer,  soon  after  the 
close  of  the  war.  The  subsequent  history  and  location  of  the  others  are 
unknown  to  me. 

THE   omnipresent   INVESTIGATION. 

I  could  never  fathom  what  it  was  in  the  history  or  action  of  Kansas 
that  has  caused  a  cruel  fate  to  decree  that,  at  the  close  of  every  deliberative 
body  held  in  the  State  there  should  be  a  disgraceful  supplement  in  the 
shape  of  an  investigating  committee.  The  Constitutional  Convention  was 
no  exception  to  the  operation  of  this  rule — abounding  in  shame,  and  giving 
birth,  sustenance  and  employment  to  an  infinite  number  of  the  flannel- 
mouthed  whelps  of  that  foul  hag,  Mrs.  Candor,  whose  mendacious  tongues 
and  contentious  lips  caused  more  well-defined  and  specific  stenches  to 
.mse  than  could  be  possibly  manufactured  in  the  city  of  Cologne.  This 
particular  disgrace  was  occasioned  by  the  statement  of  a  delegate  from 
Doniphan,  Mr.  E.  M.  Hubbard,  that  Wm.  Hutchinson,  one  of  the  delegates 
from  Douglas  county,  had  offered  him  a  good  lot  if  he  would  vote  for 
Lawrence  as  the  temporary  capital  of  the  State.  On  this  statement  be- 
coming known  to  the  members  of  the  Convention,  an  investigating  com- 
mittee was  ordered  and  appointed,  and  commenced  its  labors. 

Hubbard  swore  to  the  truth  of  his  statement;  Hutchinson  denied  under 
oiiih.    Hubbard  then  swore  that  the  delegate  from  Douglas  was  a  har,  and 


662  Appendix  C. 

the  delegate  from  Douglas,  being  duly  sworn,  deposed  that  the  delegate 
from  Doniphan  was  "another."  And  thus  ended  the  testimony.  The 
committee  reported  the  "facts"  to  the  Convention,  and  the  whole  subject 
was  "laid  on  the  table" — the  usual  parliamentary  resort  when  no  one  knew 
what  else  to  do. 

For  nearly  twenty  years  Kansas  has  lived  and  prospered  imder  the 
shelter  of  the  edifice  reared  by  these  men,  with  such  changes  and  modi- 
fications as  time  and  different  circumstances  have  required.  This  lapse 
of  years  has  been  sufficient  to  demonstrate  that  the  builders  were  endowed 
with  a  reasonable  knowledge  of  the  wants  of  the  future.  But  if  this  is  not 
so,  for  one  thing  they  are  justly  entitled  to  the  kind  remembrance  of  the 
men  of  to-day;  they  limited  the  State  indebtedness  to  such  a  sum  that 
much  of  the  financial  prosperity  of  the  State  can  be  attributed  to  their 
wisdom  and  foresight  respecting  that  limitation. 

A  new  year  is  dawning.  No  one  can  foretell  the  evils  that  lurk  in  its 
shadows;  but  its  sun  will  cast  genial  rays  upon  a  milhon  people — happy, 
prosperous,  frugal,  temperate,  and  duly  observant  of  all  the  duties,  obU- 
gations  and  requirements  of  the  Wyandotte  Convention. 

After  twenty  years,  P.^ola^  January,  1881. 


APPENDIX  C-2. 
THE  WYANDOTTE  CONSTITUTIONAL  CONVENTION. 


(Address  delivered  at  a  reunion  of  the  surviving  officers  and  members  of  the  Wyan- 
dotte Constitutional  Convention,  held  at  Wyandotte,  Kas.,  July  29,  1882.  Reprinted 
from  "Addresses,  by  John  A.  Martin,  delivered  in  Kansas.  For  private  circtdation." 
The  Wyandotte  Constitutional  Convention,   pages   17-36.) 

Mr.  President:  It  is  often  charged  that  participants  in  assemblages  of 
this  character  are  apt  to  exaggerate  the  importance  of  the  occasion  ihey 
commemorate,  and,  after  the  manner  of  one  of  our  poets,  sing  in  chorus: 
"I  celebrate  myself."  Perhaps  I  can  speak  of  the  Wyandotte  Convention 
and  its  work  \vithout  being  accused  of  this  self-gratulation ;  for  I  was  more 
of  an  observer  of  its  proceedings  than  a  participant  in  them.  I  recorded 
what  was  done,  but  I  had  no  part  or  lot  in  the  doing.  If  its  work  had  been 
crude  or  weak,  I  could  not  fairly  have  been  held  responsible  for  the  failure. 
As  it  was  strong,  efficient  and  enduring,  I  can  feUcitate  you,  the  survivors 
of  those  who  wrought  this  great  service  for  Kansas,  without  a  suspicion  of 
self-praise. 

KANSAS   CONSTITUTIONAL  CONVENTIONS. 

Four  conventions  framed  Constitutions  for  this  State.  The  first  as- 
sembled at  Topeka,  on  the  23rd  of  October,  1855,  and  adjourned  on  the 
11th  of  November,  after  a  session  of  twenty  days.  It  was  composed  of 
forty-seven  members,  of  whom  thirty-one  signed  the  Constitution.  On 
the  15th  of  December  this  instrument  was  submitted  to  the  people  for  rati- 
fication or  rejection.  Only  1,777  ballots  were  cast,  all  but  46  being  favor- 
able. One  of  its  sections,  a  pro\ision  excluding  negroes  and  mulattoes  from 
the  State,  was  submitted  as  an  independent  proposition,  and  adopted  by  an 
affirmative  vote  of  1,287,  to  453  against  it. 

The  second  convention  was  that  held  at  Lecompton,  which  met  on  the 
7th  of  June,  1857,  and  after  a  session  of  four  days,  adjourned  until  the 
19th  of  October,  a  final  adjournment  being  reached  on  the  3d  of  November. 
It  was  composed  of  sixty-four  members,  forty-five  of  whom  signed  the 
organic  law  it  framed,  and  its  session  continued  twenty  days.  No  direct 
vote  on  this  Constitution  was  provided  for.  The  schedule  ordered  two 
forms  of  ballots,  one,  the  "Constitution  with  slavery,"  the  other,  "Consti- 
tution with  no  slavery."  It  was  the  old  turkey-and-buzzard  choice.  The 
Free-State  men  refused  to  vote  at  the  election,  held  on  the  21st  of  Decem- 
ber, and  only  6,712  ballots  were  cast,  6,147  being  for  slavery',  and  569 
against  slavery.  The  Free-State  men  had,  however,  elected  a  majority  of 
the  Territorial  Legislature  in  October,  and  at  a  special  session  of  that  body, 
held  in  December,  a  law  was  passed  providing  for  a  direct  vote  on  the 
Constitution.  This  election  was  held  on  the  4th  of  January,  1858,  result- 
ing: Against  the  Constitution,  10,266;  for,  164 — the  Pro-Slaver>'  men  not 
voting.  A  third  vote  on  the  Lecompton  instrument  was  taken  August  2d, 
1858,  Congress  having  ordered  its  re-submission  under  the  terms  of  the 
English  bill.  Again  it  was  rejected,  the  ballots  in  its  favor  being  only 
1,788,  and  those  against  it,  11,300. 

The  Leavenworth  Convention  met  at  Minneola,  March  23d,  1858,  and 
at  once  adjourned  to  Leavenworth,  where  it  reassembled  March  25th.    It 

(663) 


664  Appendix  C-2. 

was  composed  of  mnet5--fi\e  members,  was  in  session  only  eleven  days,  and 
the  Constitution  it  framed  was  signed  by  eighty-three  persons.  This  in- 
strument was  adopted  at  an  election  held  May  11th,  by  a  very  small  vote, 
the  Pro-Slavery  men  taking  no  part  in  the  contest.  It  was  never  a  popular 
organic  law,  and  many  Free-State  men  who  supported  it  did  so  under  pro- 
test. An  earnest  effort  was  made,  by  the  Republicans,  to  secure  the  ad- 
mission of  Kansas  under  the  Topeka  Constitution,  and  by  the  Democrats, 
nith  a  few  exceptions,  to  bring  the  Territory  in  under  the  Lecompton  Con- 
stitution. But  no  serious  or  determined  contest  was  waged,  in  Congress, 
for  admission  under  the  Leavenworth  Constitution,  and  in  less  than  eight 
months  the  movement  in  its  behalf  was  formally  abandoned. 

THE  WYANDOTTE   CONVENTION. 

Early  in  February,  1859,  the  Territorial  Legislature  passed  an  act  sub- 
mitting to  the  people  the  question  of  calling  a  Constitutional  Convention. 
This  vote  was  taken  March  2Sth,  and  resulted:  For,  5,306;  against,  1,425. 
On  the  10th  of  May,  1<S59,  the  Republican  party  of  Kansas  was  organized, 
at  Osawatomie,  and  at  the  election  held  on  the  7th  of  June,  for  delegates 
to  the  Wyandotte  Convention,  the  Republican  and  Democratic  parties  con- 
fronted each  other  in  Kansas  for  the  first  time.  The  Democrats  carri.ed 
the  counties  of  Leavenworth,  Doniphan,  Jefferson  and  Jackson,  and  elected 
one  of  the  two  delegates  from  Johnson.  The  Republicans  were  successful 
in  all  the  other  counties  voting.  The  total  vote  polled  was  14,000.  The 
Republican  membership  was  thirty-five;  the  Democratic,  seventeen. 

The  Convention  then  chosen  assembled  on  the  5th  day  of  July,  1859. 
In  its  composition  it  was  an  unusual,  not  to  say  remarkable,  Kansas  as- 
semblage. Apparently  the  chiefs  of  the  contending  j)arties  had  grown 
weary  of  constitution-making,  or  regarded  this  fourth  endeavor  in  that 
line  as  a  predestined  failure,  for  they  were  conspicuous  by  their  absence. 
In  the  Topeka  Convention  nearly  every  prominent  man  of  the  Free-State 
party  had  a  seat.  Gen.  James  H.  Lane  was  its  president,  and  Charles 
Robinson,  IVIartin  F.  Conway,  Marcus  J.  Parrott,  Wm.  Y.  Roberts,  Geo. 
W.  Smith,  Philip  C.  Schuyler,  Cyrus  K.  HoUiday,  Mark  W.  Delahay,  and 
many  other  recognized  Free-State  leaders  were  members.  In  the  Leaven- 
worth Convention  there  was  a  similar  gathering  of  widely-known  Free- 
State  men.  Conway  was  its  president,  and  Lane,  Roberts,  Thos.  Ewing, 
jr.,  Henry  J.  Adams,  H.  P.  Johnson,  Sam'l  N.  Wood,  T.  Dwight  Thacher, 
Preston  B.  Plumb,  Joel  K.  Goodin,  A.  Larzelere,  W.  F.  M.  Arny,  Chas.  H. 
Branscomb,  John  Ritchie,  and  many  other  influential  Free-State  chiefs  or 
partisans,  were  among  its  members. 

THE   MEMBERSHIP. 

In  the  Wyandotte  Convention  all  the  noted  Free-State  leaders  were  con- 
spicuously absent.  Its  roll-call  was  made  up  of  names  generally  new  in 
Kansas  afi"airs,  and  largely  unknown  in  either  the  I'ree-State  or  Pro-Slaverj- 
councils.  Its  President,  James  M.  Winchell.  his  colleague,  Wm.  McCul- 
lough,  and  John  Ritchie,  of  Shawnee,  had  been  members  of  the  Leaven- 
worth Convention;  Col.  Caleb  May,  of  Atchison,  and  William  R.  Griffith, 
of  Bourbon,  had  been  members  of  both  the  Topeka  and  the  Leavenworth 
Convention;  and  Jas.  M.  Arthur,  of  Linn  had  been  a  member  of  the  Topeka 
Convention.  But  their  prominence  was  largely  local.  On  the  Democratic 
side,  too,  appeared  men  before  unnoted  in  the  annals  of  the  stirring  and 
tremendous  conflict  that  had  for  years  made  the  young  Territory  the 
cynosure  of  a  continent's  interest.     None  of  the  prominent  Pro-Slavery 


Martin:    Wyandotte  Con\t;xtion.  665 

men  who  sat  iii  the  Lecompton  Convention  or  the  Pro-Slavery  Legislature 
— Calhoun,  Stringfellow,  Henderson,  Elmore,  Wilson,  Carr  and  others — 
appeared  in  this  body. 

Perhaps  the  absence  of  these  party  leaders  was  a  fortunate  thing  for 
the  Convention  and  the  incipient  State.  For  in  discriminating  intelligence, 
m  considerate  zeal  for  the  welfare  of  the  people,  in  catholic  grasp  of  prin- 
ciples, and  in  capacity  for  defining  theories  clearly  and  compactly,  the 
members  of  this  body  were  not  wanting.  On  the  other  hand,  there  were 
fewer  jealousies  and  far  less  wranghng  than  would  have  been  possible  had 
die  envious  and  aspiring  party  leaders  been  present.  I  think  it  is  certain 
ihat  the  work  was  better  done,  done  with  more  sobriety,  sincerity,  pru- 
dence and  real  ability,  than  would  have  resulted  had  the  recognized  chiefs 
of  the  rival  parties  been  on  the  floor  of  the  Convention.  The  pioneers — 
the  John  Baptists — of  the  Free-State  cause  were  all  at  Topeka,  and  the 
Constitution  they  framed  is  disfigured  by  some  blotches  and  much  useless 
verbiage.  The  leaders  were  all  at  Leavenworth,  where  they  schemed  for 
precedence,  and  spread  traps  to  catch  one  another,  and  quarreled  over 
non-essentials,  and  did  everything  but  make  a  popular  Constitution.  Le- 
compton was  the  last  expression  of  a  beaten,  desperate  and  wrong-headed, 
but  intellectually  vigorous  faction,  and  was  really,  barring  the  mean 
method  of  its  submission,  and  its  attempt  to  perpetuate  Slavery,  an  ad- 
mirable organic  law. 

The  younger  men  of  the  Territory  constituted  the  Convention  at  Wyan- 
dotte. They  came  upon  the  field  fresh,  enthusiastic,  and  with  a  place  in 
the  world  of  thought  and  action  to  conquer.  They  recognized  the  fact 
that  they  must  do  extremely  well  to  secure  popular  favor,  and  they  set 
about  their  task  with  industry,  intelligence  and  prudence.  They  were  not 
martyrs  or  reformers,  as  many  of  those  at  Topeka  were;  nor  jealous  poli- 
ticians or  factionists,  as  most  of  those  at  Leavenworth  were.  They  had 
no  old  battles  to  fight  over  again,  no  personal  feuds  to  distract  them,  no 
recollection  of  former  defeats  or  \dctories  to  reverse  or  maintain.  They 
were  their  own  prophets.  They  had  had  no  experience  in  constitution- 
making,  and  hence  did  not  look  backward.  They  were  not  speciahsts.  A 
few  had  hobbies,  but  the  vast  majority  had  no  bees  buzzing  in  their  bon- 
nets. A  few  were  dogmatic,  but  the  many  were  anxious  to  discuss,  and 
willing  to  be  convinced.  A  few  were  loquacious,  but  the  majority  were 
thinkers  and  workers.  Some  were  accomplished  scholars,  but  the  ma- 
jority were  men  of  ordinary  education,  whose  faculties  had  been  sharpened 
and  trained  by  the  hard  experience  of  an  active  and  earnest  life.  Many 
were  vigorous,  direct,  intelligent  speakers;  several  were  really  eloquent; 
and  a  few  may  justly  be  ranked  with  the  most  versatile  and  brilliant  men 
Kansas  has  ever  numbered  among  her  citizens. 

Very  few  were  old  men.  Only  fifteen  of  the  fifty-two  members  were 
over  forty.  Over  one-third  were  under  thirty,  and  nearly  two-thirds 
under  thirtj^-five.  Very  few,  as  I  have  said,  had  pre%'iously  appeared  as 
representatives  of  the  people  in  any  Territorial  assemblage,  and  this  was 
especially  true  of  the  men  whose  talents,  industry  and  force  soon  approved 
them  leaders.  Samuel  A.  Kingman  had  been  in  the  Territory  only  about 
eighteen  months,  and  was  unknown,  outside  of  Brown  county,  until  he 
appeared  at  Wyandotte.  Solon  0.  Thacher  was  a  young  lawyer  of  Law- 
rence, never  before  prominent  in  public  affairs.  John  J.  Ingalls  had  served, 
the  previous  winter,  as  engrossing  clerk  of  the  Territorial  Council.  Samuel 
A.  Stinson  was  a  young  attorney,  recently  from  Maine.  William  C.  Mc- 
Dowell had  never  been  heard  of  outside  of  Leavenworth;   Benjamin  F. 


666  Appendix  C-2. 

Simpson  was  a  boyish-looking  lawyer  from  Miami  county,  and  John  T. 
Burris  had  been  practicing,  for  a  year  or  two,  in  Justices'  courts  in  John- 
son county.  John  P.  Slough  had  been  a  member  of  the  Ohio  Legislature, 
but  was  a  new-comer  in  Kansas;  and  Edmund  G.  Ross  was  the  publisher 
of  a  weekly  newspaper  at  Topeka. 

One-half  of  the  members  had  been  in  the  Territory  less  than  two  years. 
Six  came  in  1854,  four  in  1855,  and  twelve  in  1856,  while  Mr.  Forman,  of 
Doniphan,  dated  his  residence  from  1843;  Mr.  Palmer,  of  Pottawatomie, 
from  1854,  and  Mr.  Houston,  of  Riley,  from  1853.  Forty-one  were  from 
Northern  States,  seven  from  South,  and  four  were  of  foreign  birth;  Eng- 
land, Scotland,  Ireland,  and  Germany  each  contributing  one.  It  appears 
singular  that  only  one  of  the  Western  States,  Indiana,  was  represented  in 
the  membership,  that  State  furnishing  six  delegates.  Twelve  hailed  from 
New  England;  Ohio  contributed  twelve;  Pennsylvania,  six;  and  New  York, 
four.  Only  eighteen  belonged  to  the  legal  profession — an  unusually  small 
number  of  lawyers  in  such  a  body.  Sixteen  were  farmers,  eight  merchants, 
three  physicians,  three  manufacturers,  one  a  mechanic,  one  a  prmter,  one 
a  land  agent,  and  one  a  surveyor.  The  oldest  member  was  Robert  Graham, 
of  Atchison,  who  was  55;  the  youngest,  Benj.  F.  Simpson,  of  Lykins  county 
(now  Miami),  who  was  23. 

A  WORKING  BODY. 

It  was  a  working  body,  from  the  first  hour  of  its  session  until  the  last. 
There  is  a  tradition  that  the  Continental  Congress  which  promulgated  the 
Declaration  of  Independence  was  materially  hastened  in  its  deliberations 
over  that  immortal  document  by  swarms  of  flies  that  invaded  the  hall 
where  it  sat,  and  made  the  hfe  of  its  members  a  burden.  Perhaps  the  in- 
tense heat  of  the  rough-plastered  room  where  the  Convention  met,  or  the 
knowledge  that  Territorial  scrip  would  be  received  by  importunate  land- 
lords only  at  a  usurious  discount,  had  something  to  do  with  urging  dis- 
patch in  business.  But  certainly  the  Convention  went  to  work  with  an 
energy  and  industry  I  have  never  seen  paralleled  in  a  Kansas  deliberative 
body  since  that  time.  It  perfected  its  organization,  adopted  rules  for  its 
government,  discussed  the  best  mode  of  procedure  in  framing  a  Constitu- 
tion, and  appointed  a  Committee  to  report  upon  that  subject,  during  the 
first  day's  session;  all  the  standing  Committees  were  announced  on  the 
third  day;  and  by  the  close  of  the  fifth  day  it  had  disposed  of  two  very 
troublesome  contested  election  cases,  decided  that  the  Ohio  constitution 
should  be  the  model  for  that  of  Kansas,  perfected  arrangements  for  report- 
ing and  printing  its  debates,  and  instructed  its  committees  upon  a  number 
of  disputed  questions  The  vote  on  selecting  a  model  for  the  Constitution 
was,  on  the  second  ballot:  for  the  Ohio  constitution,  25  votes;  Indiana,  23; 
and  Kentucky,  1.  So  our  Kansas  Constitution  was  modeled  after  that  of 
Ohio — something,  I  think,  as  the  farmer's  new  house  was  designed  after 
his  old  one;  it  was  built  upon  the  old  site. 

THE   COMMITTEES. 

The  Chairmanships  of  the  different  Committees  were  assigned  as  fol- 
lows: Preamble  and  Bill  of  Rights — Wm.  Hutchinson,  of  Douglas  County; 
Executive  Department — John  P.  Greer,  Shawnee;  Legislative  Department 
— Solon  0.  Thacher,  Douglas;  Judicial  Department^Samuel  A.  Kingman, 
Brown;  Military — James  G.  Blunt,  Anderson;  Electors  and  Elections — 
P.  H.  Townsend,  Douglas;  Schedule — John  T.  Burris,  Johnson;  Apportion- 
ment— H.  D.  Preston,  Shawnee;  Corporations  and  Banking — Robert  Gra- 
ham,   Atchison;    Education    and    Public    Institutions — W.    R.    Griffith, 


Martin:    Wyaxdotte  Convention.  667 

Bourbon;  County  and  Township  Organizations — John  Ritchie,  Topeka; 
Ordinance  and  PubUc  Debt — James  Blood,  Douglas;  Finance  and  Taxa- 
tion— Benj.  F.  Simpson,  Lykins;  Amendments  and  Miscellaneous — S.  D. 
Houston,  Riley;  Federal  Relations — T.  S.  Wright,  Nemaha;  Phraseology- 
and  Arrangement — John  J.  Ingalls,  Atchison. 

I  have  studied  the  composition  of  these  Committees  with  some  interest, 
reviewing  the  work  of  their  members  in  the  Convention,  and  recalling 
their  subsequent  careers.  And  it  appears  to  me  that  in  making  them  up, 
President  Winchell  exhibited  phenomenally  quick  and  accurate  judgment 
of  men.  He  was,  indeed,  one  of  the  best  presiding  officers  I  have  ever 
known.  His  imperturbable  coolness,  never  for  an  instant  ruffled  by  the 
most  sudden  and  passionate  outbreaks  of  excitement  in  the  Convention; 
his  mastery  of  all  the  niceties  of  parhamentary  law;  his  uniform  courtesy 
and  tact;  his  promptness  and  clearness  in  stating  his  decisions;  and  above 
all,  the  mingled  grace  and  kindness  and  firmness  with  which  he  announced 
to  an  indignant  member  an  adverse  decision,  were  really  wonderful.  But 
what  shall  be  said  of  that  still  more  wonderful  prescience  with  which  he 
made  up  the  Committees?  What  induced  this  cahn,  gray-eyed,  observing 
Uttle  man,  whose  brass-buttoned  blue  coat  was  first  seen  by  two-thirds  of  the 
Convention  on  the  morning  of  the  5th  of  July — what  impelled  him,  within 
twenty-four  hours,  to  select  an  obscure,  dull-looking,  shock-headed  countrj' 
doctor  as  Chairman  of  the  Military  Committee,  and  thus  name  in  con- 
nection with  military  affairs,  for  the  first  time,  the  only  Kansas  soldier  who 
reached  a  full  Major-Generalship?  How  did  he  happen  to  pass  by  half  a 
dozen  more  widely-known  lawyers,  and  appoint  as  Chairman  of  the  Judiciarj- 
Committee  a  man  who,  during  more  than  fifteen  years  thereafter,  occupied 
a  place  on  the  Supreme  Bench  of  the  State,  for  the  greater  portion  of  this 
time  as  the  Chief  Justice?  How  came  he  to  recognize  so  quickly,  in  the 
Engrossing  Clerk  of  the  Territorial  Legislature,  the  ripest  scholar  and  the 
fittest  man  in  the  body  for  the  Chairmanship  of  the  Committee  to  which 
every  article  of  the  Constitution  was  referred  for  final  revision  and  amend- 
ment. In  the  youngest  and  most  boyish-looking  member,  he  found  the 
man  who  was  to  form,  for  this  State,  a  code  of  Finance  and  Taxation  whose 
clear  directions  and  wholesome  restrictions  have  guarded  Kansas  against 
the  wasteful  extravagance  of  Legislatures  and  the  curse  of  a  burdensome 
public  debt,  during  all  the  tempting  and  perilous  affairs  of  its  first  quarter 
of  a  century.  And  he  named  as  head  of  the  Committee  on  Education,  the 
first  State  Superintendent  of  Pubhc  Instruction.  All  of  his  appointments 
were  made  ^vith  rare  judgment,  but  those  mentioned  appear  notably  dis- 
cerning. 

PROGRESS   OF   WORK. 

On  the  SLxth  day  a  resolution  favoring  biennial  sessions  of  the  Legisla- 
ture— adopted  sixteen  years  afterward — was  submitted  and  referred.  The 
first  of  a  long  series  of  resolutions  or  proposed  sections  of  the  Constitution, 
prohibiting  the  settlement  of  negroes  or  mulattoes  within  the  limits  of  the 
State,  was  also  introduced.  This  question,  with  others  of  a  kindred  nature, 
such  as  propositions  to  prohibit  colored  children  attending  the  schools,  or 
to  exclude  them  from  the  University,  or  to  forbid  the  appropriation  of  any 
funds  for  their  education,  and  last,  and  meanest  of  all,  to  deny  to  negroes 
the  shelter  of  county  poor-houses,  when  poor  and  helpless,  was  voted  upon 
again  and  again,  first  in  one  form  and  then  in  another;  and  to  the  endur- 
ing honor  of  the  majority,  always  defeated.  It  seems  singular,  in  this  day 
and  generation,  that  such  theories  found  persistent  and  earnest  advocates. 
But  it  should  be  remembered  that  all  this  happened  before  the  war,  when 


668  Appendix  C-2. 

slavery  was  still  an  "institution"  in  nearly  half  the  States  of  the  Union. 
The  Pro-Slavery  party  was,  of  course,  solidly  in  favor  of  excluding  free 
negroes  from  the  State,  and  less  than  four  years  prior  to  the  meeting  of 
the  Convention,  the  Free-State  party,  in  voting  on  the  Topeka  Constitu- 
tion, had  given  a  decided  majority  in  favor  of  such  exclusion.  It  therefore 
required  genuine  courage  and  principle  to  go  upon  record  against  each  and 
every  proposition  of  this  character.  For  very  few  members  who  so  voted 
felt  absolutely  certain  of  the  indorsement  of  their  constituents. 

The  first  article  of  the  Constitution  reported,  that  on  corporations  and 
banks,  was  submitted  on  the  sixth  day  and  considered.  It  was  stated  by 
the  President  that  many  other  Committees  had  their  reports  in  the  hands 
of  the  printer,  and  during  the  next  few  days  they  began  to  come  in  very 
rapidly.  The  Convention,  to  expedite  work,  adopted  a  resolution  re- 
quiring all  committees  to  report  on  or  before  Saturday,  the  eleventh  day 
of  the  session. 

THE   BOUNDARIES    OF   THE    STATE. 

On  the  seventh  day,  the  annexation  of  that  portion  of  Nebraska  lying 
south  of  the  Platte  river,  was  formally  considered.  The  then  organized 
Nebraska  counties  included  in  that  section  of  our  sister  state  had  elected 
delegates  to  the  Convention,  who  were  present  earnestly  advocating  annexa- 
tion. This  proposition  was  discussed  during  several  days,  and  the  debate 
took  a  wide  range.  The  Nebraska  delegates  were  admitted  to  seats  as 
honorary  members,  with  the  pri\alege  of  speaking  on  this  subject.  The 
final  determination,  however,  was  to  preserve  the  original  northern  line. 
Two  influences  induced  this  decision,  one  political,  and  the  other  local  and 
material.  Many  Republicans  feared  that  the  South  Platte  country  was, 
or  would  be  likely  to  become.  Democratic.  Lawrence  and  Topeka  both 
aspired  to  be  the  State  capital,  and  their  influence  was  against  annexation, 
because  they  feared  it  would  throw  the  center  of  population  far  north  of 
the  Kaw. 

The  Preamble  and  Bill  of  Rights  was  reported  on  the  tenth  day,  and 
opened  the  whole  question  of  the  State's  boundaries.  The  committee  pro- 
]iosed  the  twenty-third  meridian  as  the  western  line,  and  the  fortieth 
parallel  as  the  line  on  the  north.  This  would  have  excluded  about  ninety 
miles  of  territory  within  the  present  hmits  of  the  State.  The  committee's 
recommendation  was,  however,  adopted,  and  stood  as  the  determination 
of  the  Convention  until  the  day  before  the  final  adjournment,  when  Colonel 
May,  of  Atchison,  secured  a  reconsideration,  and  on  his  motion  the  twenty- 
fifth  meridian  was  substituted  for  the  twenty-third.  The  northern  bound- 
ary question  was  finally  settled  on  the  fifteenth  day,  when,  by  a  vote  of 
19  ayes  and  29  nays,  the  Convention  refused  to  memorialize  Congress  to 
include  the  South  Platte  country  within  the  limits  of  Kansas. 

FE.\TURES   OF   THE   CONSTITUTION. 

On  the  seventh  day  the  Legislative  and  Judicial  Committees  reported. 
The  Legislative  article  was  considered  next  day.  The  Committee  proposed 
that  bills  might  originate  in  either  house,  but  Mr.  Winchell  submitted  a 
novel  amendment,  which  required  all  laws  to  originate  in  the  House  of 
Representatives.  This  was  adopted,  notwithstanding  the  vigorous  opposi- 
tion of  Mr.  Thacher,  the  chairman  of  the  committee,  by  a  vote  of  37  to  13. 
It  survived  the  admission  of  the  State  only  three  vears,  being  amended 
in  1864. 

On  the  eighth  day  the  Militia  article  was  adopted;  on  the  ninth  day 
the  Judicial  article  was  perfected,  and  the  article  on  Education  and  Public 


Martin:    Wyandotte  Convention.  669 

Institutions  reported  and  discussed;  and  on  the  tenth  day  the  Committees 
on  County  and  Township  Organizations  and  Schedule,  reported.  The 
deathless  pertinacity  of  a  "claim"  is  illustrated  by  a  petition  presented  that 
day,  from  one  Samuel  A.  Lowe,  a  clerk  of  the  so-called  "Bogus  Legisla- 
ture," who  wanted  pay  for  certain  work  he  alleged  he  had  performed. 
Only  a  year  ago,  Mr.  Lowe  presented  the  same  claim  to  Congress,  and  it 
was,  I  believe,  allowed  by  the  House.  But  the  Kansas  senators  made  such 
determined  war  on  it  that  Mr.  Lowe  can  still  sing,  "A  claim  to  keep  I 
have." 

I  have  mentioned  the  fact  that  Mr.  Winchell  was  the  author  of  the  sec- 
tion, providing  that  all  bills  should  originate  in  the  House.  It  should  be 
stated  that  Mr.  Ingalls  was  the  author  of  the  provision  that  "in  actions 
for  libel,  the  truth  may  be  given  in  evidence  to  the  jury,  and  if  it  shall 
appear  that  the  alleged  libelous  matter  was  published  for  justifiable  ends, 
the  accused  shall  be  acquitted."  Another  original  provision  of  the  Con- 
stitution is  the  Homestead  section.  This  was  first  proposed  by  Mr.  Foster, 
of  Leavenworth  county,  on  the  sixth  day  of  the  session,  and  reported  by 
the  Committee  on  Miscellaneous  and  Amendments,  on  the  thirteenth  day. 
No  other  feature  of  the  Constitution,  perhaps,  elicited  more  animated  and 
earnest  debate.  It  was  discussed  for  several  days;  amended,  referred,  and 
again  submitted.  As  originally  reported,  it  provided  for  the  exemption  of 
"a  homestead  of  160  acres  of  land,  or  a  house  and  lot  not  exceeding  $2,000 
in  value,  or  real,  personal  and  mixed  property  not  exceeding  $2,000  to  any 
family."  This  was  adopted  by  a  vote  of  28  ayes  to  16  nays.  Two  days 
later  the  vote  was  reconsidered,  and  President  Winchell  proposed  the  word- 
ing finally  adopted:  "A  homestead  of  160  acres  of  farming  land,  or  of  one 
acre  within  the  limits  of  an  incorporated  town  or  city,  occupied  as  a  resi- 
dence by  the  family  of  the  owner,  together  with  all  the  improvements  on 
the  same,  shall  be  exempted  from  forced  sale  under  any  process  of  law, 
and  shall  not  be  alienated  without  the  joint  consent  of  husband  and  wife, 
where  the  relation  exists."  Thus  perfected,  it  was  adopted  by  a  vote  of 
33  to  7. 

I  thought  at  the  time,  however,  and  a  review  of  the  proceedings  and 
debates  has  confirmed  my  impression,  that  favorable  action  on  this  pro- 
vision was  due  to  the  earnest  and  eloquent  advocacy  of  Judge  Kingman, 
who  was  its  most  zealous,  logical  and  courageous  supporter.  The  home- 
stead clause  of  the  Kansas  Constitution  has  been  severely  criticized,  but  I 
believe  the  people  of  the  State  generally  regard  it  as  a  most  beneficent  pro- 
vision of  their  organic  law.  For  nearly  a  quarter  of  a  century  it  has  been 
maintained,  and  it  still  stands,  as  Judge  Kingman  said  it  would,  guarding 
"the  home,  the  hearthstone,  the  fireside  around  which  a  man  may  gather 
his  family  with  the  certainty  of  assurance  that  neither  the  hand  of  the 
law,  nor  any  nor  all  of  the  uncertainties  of  life,  can  eject  them  from  the 
possession  of  it." 

The  Finance  and  Taxation  and  the  Executive  articles  were  adopted  on 
the  fourteenth  day,  and  the  Miscellaneous  article  considered.  This 
originally  provided  for  the  election  of  a  Public  Printer,  but  that  section 
was  stricken  out,  after  a  vigorous  protest  by  Messrs.  Ross  and  Ingalls. 
Nine  years  later  their  idea  was  indorsed  by  the  adoption  of  an  amendment 
creating  the  office  of  State  Printer. 

On  the  seventeenth  day  the  temporary  capital  was  located  at  Topeka, 
the  second  ballot  resulting:  For  Topeka,  29;  for  Lawrence,  14;  for  Atchi- 
son, 6. 


»>70  Appendix  C-2. 

THE  FIRST   "prohibition   AMENDMENT." 

On  the  same  day  a  proposition  was  made  by  Mr.  Preston,  of  Shawnee 
county,  to  amend  the  Miscellaneous  article  by  adding  the  following  section: 

"Sec.  — .  The  Legislature  shall  have  power  to  regulate  or  prohibit  the 
sale  of  alcoholic  liquors,  except  for  mechanical  and  medicinal  purposes." 

A  motion  made  to  lay  this  amendment  on  the  table,  was  defeated  by  a 
vote  of  18  ayes  and  31  nays.  But  the  anxiety  of  the  members  to  exclude 
from  the  Constitution  any  provision  that  might  render  its  adoption  doubt- 
ful, or  prevent  the  admission  of  the  State,  finally  prevailed,  and  after  a 
full  interchange  of  views,  Mr.  Preston  withdrew  his  amendment.  There  is, 
it  is  said,  nothing  new  under  the  sun.  Those  who  imagine  that  the  pro- 
hibition amendment  adopted  in  1880  was  a  new  departure  in  constitution 
making,  have  never  examined  the  records  of  the  Wyandotte  Convention. 

THE   LAST   OF   SLAVERY  IN   KANSAS. 

On  the  nineteenth  day  occurred  the  last  struggle  over  the  slavery  ques- 
tion in  Kansas.  Section  6  of  the  Bill  of  Rights,  prohibiting  slavery  or  in- 
voluntary servitude,  came  up  for  adoption,  and  it  was  moved  to  add  a 
proviso  suspending  the  operation  of  this  section  for  the  period  of  twelve 
months  after  the  admission  of  the  State.  This  proviso  received  eleven 
votes,  and  twenty-eight  were  recorded  against  it.  A  most  exciting  dis- 
cussion occurred,  on  the  same  day,  over  the  apportionment  article,  which 
the  Democrats  denounced  as  a  "gerrymander." 

THE   LAST  DAYS. 

The  work  of  the  Convention  was  practically  completed  on  the  twenty- 
first  day.  The  various  articles  had  each  been  considered  and  adopted, 
first  in  committee  of  the  whole,  then  in  Convention,  then  referred  to  the 
Committee  on  Phraseology  and  Arrangement,  and,  after  report  of  that  com- 
mittee, asain  considered  by  sections  and  adopted.  But  so  anxious  were 
the  members  that  every  word  used  should  be  the  right  word,  expressing 
the  idea  intended  most  clearly  and  directly,  that  when  the  reading  of  the 
completed  Constitution  was  finished,  on  the  morning  of  the  21st  day,  it 
was  decided  to  refer  it  to  a  special  committee,  consisting  of  Messrs.  Ingalls, 
Winchell,  Ross  and  Slough,  for  further  revision  and  verification.  This 
committee  reported  the  same  afternoon,  and  again  the  Constitution  was 
read  by  sections,  for  final  revision,  with  the  same  painstaking  carefulness 
and  attention  to  the  minutest  details.  All  that  afternoon,  and  all  the  ne.xt 
day,  with  brief  interruptions  for  action  on  other  closing  work,  this  revision 
went  on,  and  it  was  five  o'clock  in  the  afternoon  of  the  29th  before  the  last 
section  was  perfected.  Then  occurred  one  of  the  most  dramatic  scenes  of 
the  Convention.  Mr.  Hutchinson  submitted  a  resolution  declaring  that  "we 
do  now  adopt  and  proceed  to  sign  the  Constitution." 

A  spirited  debate. 

At  once  Mr.  Slough  addressed  the  Chair,  and  after  warmly  eulogizing 
the  general  features  of  the  Constitution,  pronouncing  it  "a  model  instru- 
ment," he  formally  announced  that  political  objections  impelled  himself 
and  his  Democratic  associates  to  dechne  attaching  their  signatures  to  it. 
These  objections  he  stated  at  length.  They  were,  briefly:  The  curtailment 
of  the  boundaries  of  the  State;  the  large  legislative  body  provided  for;  the 
exclusion  of  Indians  made  citizens  of  the  United  States,  from  the  privilege 
of  voting;  the  registry  of  voters  at  the  election  on  the  Constitution;  the 
refusal  to  exclude  free  negroes  from  the  State;  and  the  apportionment. 


Martin:    Wyandotte  Convention.  671 

This  action  of  the  Democratic  members  had  been  foreshadowed  for 
several  days,  but  it  was,  nevertheless,  something  of  a  surprise.  The  Re- 
pubhcans  understood  that  several  of  the  Democrats  had  earnestly  opposed 
such  a  course,  and  hoped  that  some  of  them  would  be  governed  by  their 
own  convictions,  rather  than  by  the  mandate  of  their  caucus.  For  a  few 
moments  after  Mr.  Slough  concluded,  the  Convention  sat,  hushed  and 
expectant.  But  no  other  Democratic  member  rose.  It  was  evident  that 
the  caucus  ruled.  Then  Judge  Thacher,  president  pro  tern.,  addressed  the 
chair,  and  in  a  speech  of  remarkable  vigor  and  eloquence,  accepted  the 
gauge  of  battle  thrown  down.  "Upon  this  Constitution,"  he  declared,  "we 
will  meet  our  opponents  in  the  popular  arena.  It  is  a  better,  a  nobler 
issue  than  even  the  old  Free-State  issue.  They  have  thrown  down  the 
gauntlet;  we  joyfully  take  it  up."  He  then  proceeded  to  defend,  with 
great  earnestness  and  power,  the  features  of  the  Constitution  objected  to 
by  Mr.  Slough.  "The  members  of  the  Convention,"  he  asserted,  "have 
perfected  a  work  that  will  be  enduring."  The  Constitution,  he  affirmed, 
would  "commend  itself  to  the  true  and  good  everywhere,  because  through 
every  line  and  syllable  there  glows  the  generous  sunshine  of  liberty."  It 
was  and  should  be,  he  declared: 

"Like  some  tall  cliff,  that  lifts  its  awful  form. 
Swells  from  the  vale,  and  midway  leaves  the  storm ; 
Though  round  its  breast  the  rolling  clouds  shall  spread. 
Eternal  sunshine  settles  on  its  head." 

Read  in  the  hght  of  subsequent  history,  these  declarations  appear  almost 
prophetic. 

SIGNING  THE   CONSTITUTION. 

The  twilight  shadows  were  gathering  about  Wyandotte  when  this  debate 
closed,  and  the  Convention  proceeded  to  vote  on  Mr.  Hutchinson's  reso- 
lution, which  was  adopted  by  34  ayes  to  13  nays — one  Republican  and  four 
Democrats  being  absent.  The  roll  was  then  called,  and  the  Constitution 
was  signed  by  all  the  Republican  members  except  one,  Mr.  Wright,  of 
Nemaha,  who  was  absent,  sick.  The  work  of  the  Convention  was  com- 
pleted, and  after  voting  thanks  to  its  officers,  it  adjourned  without  date. 

TWO    MISTAKES. 

Each  party,  I  think,  was  guilty  of  one  blunder  it  afterwards  seriously 
regretted — the  Republicans  in  refusing  to  include  the  South  Platte  coun- 
try within  the  boundaries  of  Kansas:  the  Democrats  in  refusing  to  sizn 
the  Constitution  they  had  labored  diligently  to  perfect.  I  speak  of  what 
I  consider  the  great  mistake  of  the  Republicans  with  all  the  more  frank- 
ness, because  I  was  at  the  time  in  hearty  sympathy  with  their  action;  but 
I  feel  confident  that  no  Republican  member  is  living  to-day  who  does  not 
deplore  that  decision.  And  I  am  equally  confident  that  within  a  brief 
time  after  the  Convention  adjourned,  there  were  few  Democratic  members 
who  did  not  seriously  regret  their  refusal  to  sign  the  Constitution, 

"added  to  the  stars." 

On  the  4th  of  October,  1859,  the  Constitution  was  submitted  to  the 
people  for  ratification  or  rejection,  and,  for  the  first  time  in  the  history  of 
Kansas,  all  parties  cast  a  full,  free  and  unintimidated  vote.  The  Repub- 
hcans  favored,  and  the  Democrats  generally  opposed  its  adoption.  Nearly 
16,000  ballots  were  polled,  of  which  10,421  were  for,  and  5,530  asainst  the 
Constitution.  The  Homestead  clause,  submitted  as  an  independent  propo- 
sition, was  ratified  by  a  vote  of  8,788  for,  to  4,772  against  it.  Every  county 


672  Appendix  C-2. 

in  the  Territory  except  two,  Johnson  and  Morris,  gave  a  majority  for  the 
Constitution. 

Two  months  later,  December  6th,  state  and  comity  officers  and  members 
of  the  legislature  were  elected,  and  the  people  of  Kansas,  ha\dng  exhausted 
their  authority  in  state-building,  patiently  awaited  the  action  of  Congress. 
On  the  11th  of  April,  1860,  the  House  of  Representatives  voted,  134  to  73, 
to  admit  Kansas  as  a  state,  under  the  Wyandotte  Constitution.  Twice, 
during  the  next  eight  months,  the  Senate  defeated  motions  to  consider  the 
Kansas  bill,  but  on  the  21st  of  January,  1861,  several  Southern  senators 
having  seceded,  Mr.  Seward  "took  a  pinch  of  snuff"  and  called  it  up  aaain. 
It  passed  by  a  vote  of  36  to  16,  and  on  the  29th  of  the  same  month  Presi- 
dent Buchanan  approved  it.  Thus  young  Kansas,  through  many  diffi- 
culties and  turmoils,  was  "added  to  the  Stars." 

AN  ENDURING  CONSTITUTION. 

During  nearly  twenty-two  of  the  most  eventful  and  exciting  years  of 
American  history,  the  Constitution  thus  framed  and  ratified  has  defined 
the  powers  and  regulated  the  duties  of  the  government  of  Kansas.  Three 
Legislatures  have  voted  down  propositions  to  call  a  new  Constitutional 
convention.  Twelve  or  fifteen  amendments  have  been  submitted,  but 
only  eight  have  been  approved  by  the  people.  Finally,  in  1880,  the  legis- 
lature voted  to  submit  a  proposal  for  a  new  convention,  and  at  the  regular 
election  held  in  November  of  that  year,  this  ballot  was  taken.  The  result 
was  an  indorsement  of  the  old  Wyandotte  Constitution  by  a  majority  far 
more  emphatic  and  overwhelming  than  that  by  which  it  was  originally 
adopted,  the  vote  standing  22,870  for,  and  146,279  against  the  proposed 
convention,  or  nearly  seven  to  one. 

It  is  doubtful  whether  the  organic  law  of  any  other  state  in  the  Union 
has  more  successfully  survived  the  mutations  of  time  and  inconstant  pub- 
lic sentiment,  and  the  no  less  fluctuating  necessities  of  a  s^viftly-developing 
commonwealth.  Of  its  seventeen  articles,  only  four,  and  of  its  one  hun- 
dred and  seventy-eight  sections,  only  eight,  have  ever  been  amended.  And 
of  the  eight  amendments  adopted,  only  five  have  revoked  or  modified  the 
principles  or  policy  originally  formulated,  the  others  being  changes  de- 
manded by  the  growth  of  the  State,  or  by  the  events  of  the  Civil  War. 
The  first  amendment,  ratified  in  1861,  provides  that  no  banking  institution 
shall  issue  circulating  notes  of  a  less  denomination  than  Si — the  original 
limitation  being  $5.  In  1864  the  provision  requiring  all  bills  to  originate 
in  the  House  of  Representatives,  was  repealed;  and  a  section  intended  tt> 
prevent  U.  S.  soldiers  from  voting,  but  which  was  so  worded  that  it  de- 
prived our  volunteers  of  that  right,  was  also  repealed.  In  1867  an  amend- 
ment was  adopted  disfranchising  all  persons  who  aided  the  "Lost  Cause," 
or  who  were  dishonorably  discharged  from  the  army  of  the  United 
States,  or  who  had  defrauded  the  United  States  or  any  state  during  the 
war.  In  1868  the  State  Printer  amendment  was  ratified.  In  1873  the 
number  of  senators  and  representatives,  originally  limited  to  33  and  100. 
respectively,  was  increased  to  40  and  125.  In  1875  three  propositions,  each 
having  in  view  biennial  instead  of  annual  sessions  of  the  legislature,  were 
adopted.  And  in  1880  the  Prohibition  amendment  was  ratified.  These 
are  all  the  changes  that  have  been  made  in  our  organic  law  during  nearly 
a  quarter  of  a  century. 

P.\11TIN0   AT  WYANDOTTE. 

It  would  violate  the  proprieties  of  such  an  occasion  to  comment  on  the 
personal  feuds  or  partisan  broils  which  once  or  twice  marred  the  general 


Martin:    Wyandotte  Convention.  673 

harmony  and  orderly  progress  of  the  proceedings.  These  were  very  few, 
indeed,  and  none  of  them,  I  think,  outlasted  the  Convention.  The  mem- 
bers parted,  when  the  final  adjournment  came,  with  mutual  respect  and 
good-will,  and  the  friendships  formed  during  the  session  have  been  un- 
usually warm  and  enduring. 

SUBSEQUENT   HISTORY. 

It  seems  fitting  that,  in  concluding  this  sketch  of  the  Convention  and 
its  labors,  I  should  briefly  narrate  the  subsequent  history  of  its  members. 
It  was  a  small  company,  that  which  parted  here  twenty-three  years  ago 
to-day,  and  it  was  made  up,  as  I  have  said,  largely  of  young  and  vigorous 
men.  But  when  this  remiion  was  first  suggested,  and  I  came  to  look  over  the 
familiar  names,  I  had  so  often  called  during  the  long,  hot  days  of  that  far- 
away July,  it  was  painful  to  note  the  havoc  death  had  made.  It  impressed 
me  something  as  did  a  roll-call  I  once  witnessed,  in  the  red  glare  of  bivouac 
fires  after  one  of  the  great  battles  of  the  war,  when  surviving  comrades 
answered  "killed,"  or  "wounded,"  to  one-half  the  names  of  a  regiment. 
Ten  of  the  fifty-two  members  composing  the  Convention  I  have  not  heard 
of  for  many  years.    Of  the  remaining  forty-two,  twenty  rest  quietly  in 

".    .    .    The  reconciling  grave, 
Where  all  alike  lie  down  in  peace  together." 

The  largest  delegation  was  that  from  Leavenworth  county,  and  only  one 
of  the  ten  gentlemen  comprising  it,  R.  Cole  Foster,  certainly  survives. 
Rare  Sam  Stinson,  whose  genial  wit  and  brilliant  accomplishments  won  all 
hearts,  was  elected  Attorney-General  in  1861,  by  a  unanimous  vote,  and 
died  in  his  old  Maine  home  in  February,  1866.  William  C.  McDowell  was 
chosen  Judge  of  the  First  Judicial  District  at  the  first  election  under  the 
Constitution,  served  four  years,  and  was  killed  by  a  fall  from  an  omnibus 
in  St.  Louis,  July  16,  1866.  John  P.  Slough  removed  to  Colorado,  was 
Colonel  of  a  regiment  raised  in  that  State,  and  later  a  Brigadier-General; 
was  appointed,  after  the  war,  Chief  Justice  of  New  Mexico,  and  was  killed 
at  Santa  Fe.  Samuel  Hippie  removed  to  Atchison  county;  served  as 
Quartermaster  during  the  war;  was  elected  State  Senator  in  1867,  and  died 
in  January,  1876.  William  Perry  removed  to  Colorado,  where  he  died. 
Paschal  S.  Parks  returned  to  Indiana,  and  engaged  in  journalism  and  the 
law  until  his  death,  three  years  ago.  Fred.  Brown  died  in  St.  Joseph,  Mo., 
and  John  Wright  at  his  home  in  Leavenworth  county.  Robert  Graham, 
of  Atchison  county,  the  oldest  member,  died  in  1868.  Three  of  the  five 
members  from  Doniphan  county,  Robert  J.  Porter,  Benjamin  Wrigley  and 
John  Stiarwalt,  are  dead.  The  members  from  Linn,  James  M.  Arthur  and 
Josiah  Lamb,  are  both  dead,  as  are  also  N.  C.  Blood  and  P.  H.  Townsend, 
of  Douglas;  H.  D.  Preston,  of  Shawnee;  Allen  Crocker,  of  Woodson,  and 
T.  S.  Wright,  of  Nemaha.  W.  R.  Griffith,  of  Bourbon,  was  elected  the 
first  State  Superintendent  of  Pubhc  Instruction,  and  died  February  12, 
1862,  before  the  completion  of  his  term.  James  G.  Blunt,  of  Anderson, 
who  became  a  Major-General  during  the  war,  and  won  renoun  as  a  brave 
and  skillful  soldier,  died,  in  Washington,  a  year  or  more  ago.  James 
Hanway,  of  Franklin,  after  a  long  life  of  usefulness,  died  at  his  old  home 
only  a  brief  while  ago.  President  James  M.  Winchell  returned  to  New 
York  shortly  after  the  outbreak  of  the  Rebellion,  and  resumed  his  connec- 
tion with  the  Times,  first  as  war  correspondent,  and  afterwards  as  an  edi- 
torial writer.  Until  his  death,  a  few  years  since,  he  was  employed  upon 
that  great  journal. 

43 — 778 


674  Appendix  C-2. 


SURVIVING   MEMBERS. 


Of  the  sundving  members,  many  have  attained  the  highest  distinction 
of  the  State,  and  all,  1  believe,  are  useful  and  honored  citizens.  At  the 
first  election  under  the  Constitution,  Samuel  A.  Kingman  was  chosen  as 
Associate  Justice  of  the  Supreme  Court;  in  1866  he  was  elected  Chief 
Justice,  and  reelected  in  1872.  Benj.  F.  Simpson  was  elected  the  first  At- 
torney-General of  the  State,  but  resigned  the  position  to  enter  the  army, 
in  which  he  served  throughout  the  war.  He  has  since  been  Speaker  of  the 
House  of  Representatives,  several  times  a  State  Senator,  and  is  now  serv- 
ing his  second  term  as  U.  S.  Marshal.  Solon  0.  Thacher  was  chosen  Dis- 
trict Judge  at  the  first  election  under  the  Constitution,  has  since  occupied 
many  positions  of  honor  and  responsibility,  and  is  a  member  of  the  pres- 
ent State  Senate.  J.  C.  Burnett,  S.  D.  Houston  and  Sam'l  E.  Hofi'man  were 
members  of  the  first  State  Senate,  and  Geo.  H.  Lillie  was  a  member  of  the 
first  House  of  Representatives.  E.  G.  Ross  was  appointed  United  States 
Senator  in  1866,  and  elected  in  1867,  serving  until  1871.  John  J.  Ingalls 
was  chosen  a  State  Senator  in  1861;  was  elected  United  States  Senator  in 
1873,  and  reelected  in  1879,  and  is  still  occupying  that  distinguished  place. 
John  T.  Burris  was  Lieutenant-Colonel  of  the  Tenth  Kansas,  and  subse- 
quently District  Judge.  Wm.  P.  Dutton,  James  Blood,  L.  R.  Palmer,  John 
P.  Greer  and  John  Ritchie  have  filled  many  positions  of  local  trust  and 
prominence,  with  credit  and  usefulness.  R.  C.  Foster  and  John  W.  Forman 
are  residing  in  Texas;  William  Hutchinson  lives  in  Washington;  Ed.  Stokes 
in  Arkansas,  and  C.  B.  McClelland,  E.  Moore  and  E.  M.  Hubbard  are 
still  prominent  and  honored  citizens  of  the  counties  they  represented.  My 
old  friend,  Col.  Caleb  May,  sole  surviving  member  of  the  three  Free-State 
Constitutional  Conventions,  lives  in  Montgomery  county.  If  Dean  Swift 
was  right  in  saying  that  "whoever  could  make  two  ears  of  corn,  or  two 
blades  of  grass,  to  grow  on  a  spot  of  ground  where  one  grew  before,  would 
deserve  better  of  mankind,  and  do  more  essential  service  to  his  country, 
than  the  whole  race  of  politicians,"  what  honor  is  due  this  sturdy  Kansas 
farmer,  who,  during  a  residence  of  twenty-eight  years  in  the  State,  has 
never — not  even  in  the  disastrous  seasons  of  1860  and  1874 — failed  to 
raise  a  good  crop.  Even  the  heroic  service  he  rendered  the  cause  of  Free- 
dom during  the  darkest  days  of  the  struggle  in  Kansas,  was  less  valuable 
to  the  State  than  this  practical  and  triumphant  vindication  of  its  soil  and 
climate. 

"lost  to  sight." 

Stalwart,  quiet  Wm.  McCullough  I  have  not  heard  of  for  many  years. 
John  A.  Middleton,  of  Marshall  county,  was  a  soldier  in  the  Seventh 
Kansas,  removed  to  Montana  in  1864,  and  I  have  learned  nothing  of  him 
since.  R.  L.  Williams,  of  Douglas;  A.  D.  McCune,  of  Leavenworth;  J.  H. 
Signor,  of  Allen,  and  J.  T.  Barton,  of  Johnson,  have  all  disappeared  and 
left  no  sign.    I  know  not  whether  they  are  living  or  dead. 

THE  officers. 

Of  the  officers  of  the  Convention,  queer  old  George  Warren,  Sergeant- 
at-Arms  of  nearly  all  the  early  Kansas  Legislatures  and  Conventions,  died 
many  years  ago.  Ed.  S.  Nash,  the  Journal  Clerk,  was  Adiutnnt  of  the 
first  Kansas,  and  died  some  years  since  in  Chicago.  Robt.  St.  Clair  Graham, 
one  of  the  Enrolling  Clerks,  was  elected  Judge  of  the  Second  Judicial  Dis- 
trict in  1^66,  and  died  in  1880.  Richard  J.  Hinton,  also  an  Enrolling  Clerk, 
is  the  editor  of  the  Washington  (D.  C.)  Gazette,  and  a  widely  known 
journalist.     Werter  R.  Davis,  the  Chaplain,  was  a  member  of  the  first 


Martin:    Wyandotte  Convention.  675 

State  Legislature;  was  Chaplain  of  the  Twelfth  and  Colonel  of  the  Six- 
teenth Kansas  regiments  during  the  war,  and  is  one  of  the  most  prominent 
clergymen  of  his  denomination  in  the  State.  S.  D.  McDonald,  printer  to 
the  Convention,  is  still  engaged  in  journalism.  J.  M.  Funk,  the  Door- 
keeper, and  J.  I.  Blanchard,  the  Assistant  Secretary,  I  have  not  heard 
from  or  of  for  many  years. 

conclusion, 

I  wish  I  could  sketch  more  in  detail  the  work  and  history  of  the  mem- 
bers of  the  Convention.  But  this  paper  is,  I  know,  already  too  long.  I 
have  tried  to  tell  how  our  Constitution  was  made.  I  could  not  narrate, 
within  reasonable  limits, 

"What  workman  wrought  its  ribs  of  steel, 

Who  made  each  mast,  and  sail,  and  rope, 

What  anvils  rang,  what  hammers  beat. 

In  what  a  forge  and  what  a  heat 

Were  shaped  the  anchors  of  its  hope." 

It  is  enough  to  say  that  the  work  has  proved  strong  and  enduring. 
Through  the  groping  inexperience  of  our  State's  childhood  and  the  still 
more  perilous  ambitions  of  its  youth,  through  the  storm  of  civil  war  and 
the  calm  of  prosperous  peace,  the  Wyandotte  Constitution  has  justified 
the  confident  hopes  of  its  early  friends.  The  most  marvelous  changes  have 
been  wrought  in  this  country  since  it  was  framed.  The  huge  brick  build- 
ing in  which  the  Convention  held  its  sessions,  long  ago  crumbled  and  fell. 
The  distracted,  dependent  and  turbulent  Territory  has  grown  to  be  a 
peaceful,  powerful  and  prosperous  State.  Its  hundred  thousand  people 
have  multiplied  to  a  million.  Upon  its  vast  and  solitary  prairies,  where 
then  bloomed  a  wild  and  unprofitable  vegetation,  "wherewith  the  mower 
filleth  not  his  hand,  nor  he  that  bindeth  sheaves  his  bosom,"  miles  of  green 
meadows  now  glisten  with  morning  dew,  and  thousands  of  golden  wheat- 
fields  shimmer  in  the  noonday  sun,  and  millions  of  acres  of  tasseling  corn, 
rustling  in  the  sweet  twilight  air,  tell  of  harvests  so  bountiful  that  they 
would  feed  a  continent.  Every  quiet  valley  and  prairie  swell  is  dotted 
with  pleasant  homes,  where  happy  children  laugh  and  play  and  men  and 
women  go  their  busy  ways  in  prosperous  content.  Eager  learners  throng 
eight  thousand  schoolhouses.  Church  bells  ring  in  nearly  every  county 
from  the  Missouri  to  the  Colorado  line.  More  than  four  thousand  miles 
of  railway  bind  town  and  country,  factory  and  farm  and  store,  into  one 
community.  And  over  all  the  institutions  and  activities  of  this  great,  in- 
telligent and  orderly  commonwealth,  broods  the  genius  and  spirit  of  the 
Wyandotte  Constitution.  Under  its  ample  authority  and  direction,  just 
and  generous  laws  have  maintained  the  rights  of  citizenship,  given  pro- 
tection to  labor  and  property,  stimulated  enterprise,  multiplied  industries, 
opened  to  every  child  and  youth  the  door  of  school  and  college,  encouraged 
morality,  fostered  temperance,  protected  the  weak,  restrained  the  strong, 
and  sternly  punished  outbreaking  crime.  And  still  the  sunshine  of  popular 
confidence  and  favor  falls  upon  the  Constitution.  It  has  outlived  half 
of  its  framers,  and  when,  a  quarter  of  a  century  hence,  the  last  surviving 
member  of  the  Convention  awaits  the  inevitable  hour,  the  Wyandotte 
Constitution  may  yet  be  the  chart  and  compass  ordering  and  guiding  the 
destinies  of  a  state  whose  imperial  manhood  is  foreshadowed  by  its  stalwart 
and  stately  youth. 


APPENDIX  D. 


THE  SOURCES  OF  THE  CONSTITUTION  OF  KANSAS. 

(An  address  by  Rosa  M.  Perdue,  delivered  before  the  Kansas  State  Historical  Society, 
at  its  twenty-first  annua^l  meeting,  held  January  15,  1901.  Reprinted  by  permission  of 
the  Society,  from  Vol.  7,  Kansas  Historical  Collections,  pages  130-151.) 

Constitutional  conventions  in  new  states  have  always  clung  tenaciously 
to  the  general  plan  of  the  organic  law  of  some  model  state.  The  three 
departments  of  government,  with  a  system  of  checks  and  balances,  are 
fundamental.  The  details  of  administration  and  new  features  have  been 
added  continually,  as  the  experience  of  different  states  proved  their  neces- 
sity. The  Western  states  have  new  provisions  to  meet  new  conditions, 
but  they  have  in  other  respects  followed  the  precedent  of  some  older  state. 
Each  new  state  usually  adopts  the  points  tested  in  the  constitutions  of  the 
preceding  decade.  The  states  of  the  North  have  mostly  followed  the 
precedent  of  New  York,  and  those  in  the  South  have  in  the  majority  of 
cases  taken  the  constitution  of  Virginia  for  a  model. 

It  is  the  purpose  of  this  paper  to  trace  the  sources  of  the  Kansas  con- 
stitution, formed  by  the  convention  at  Wyandotte  in  July  of  1859.  As  a 
preparation  for  this  constitutional  convention,  the  people  of  Kansas  had 
learned  several  lessons  from  three  earlier  attempts  at  constitution  making. 
The  statement  is  frequently  made  that  the  Wyandotte  constitution  was 
formed  upon  the  Topeka  model.  This  is  an  entire  mistake.  Though  the 
convention  was  guided  in  several  particulars  in  local  matters  by  the  earUer 
constitutions,  no  one  of  them  was  adopted  as  a  model.  Only  seven  of  the 
fifty-two  members  had  been  delegates  to  any  earlier  convention,  and  the 
majority  were  in  favor  of  adopting  a  new  plan. 

The  delegates  met  in  Wyandotte  July  5,  1859,  and  organized  by  electing 
James  M.  Winchell,  president,  and  John  A.  Martin,  secretary.  The  de- 
pendence of  the  convention  upon  precedent  first  developed  in  the  discus- 
sion which  arose  between  those  who  wished  to  administer  an  oath  to  all 
delegates  and  those  who  thought  it  necessary  for  officers  only.  The  law 
providing  for  the  organization  of  the  convention  was  silent  on  this  point. 
James  G.  Blunt  stated  that  he  had  examined  the  precedents,  and  found 
that  in  some  bodies  of  like  character  the  oath  had  been  administered  and  in 
others  it  had  not.  The  question  had  been  raised  in  the  Ohio  convention 
of  1851.  There,  too,  the  law  had  not  required  that  an  oath  be  adminis- 
tered to  the  entire  membership,  but  they  had  finally  agreed  to  take  the 
oath  to  support  the  constitution  of  the  United  States  and  tr  faithfully 
perform  their  duties  as  members  of  the  convention. 

That  nothing  might  be  omitted  that  any  other  state  had  done  to  solem- 
nize its  proceedings,  the  convention  adopted  the  plan  and  oath  of  Ohio, 
and  Mr.  Wm.  L.  McMath,  a  notary  public  of  Wyandotte,  was  selected 
to  administer  it.  The  members,  rising  in  their  places,  received  the  follow- 
ing: "You  and  each  of  you  will  support  the  constitution  of  the  United 
States,  and  faithfully  discharge  your  duties  as  members  of  this  Conven- 
tion." The  officers  then  stood  up  and  a  similar  oath  was  administered. 
This  early  adoption  of  the  example  of  Ohio  foreshadowed  a  later  adoption 
of  the  constitution  of  that  state  as  a  model  by  which  the  constitution  of 
Kansas  should  be  drawn. 

(676) 


Perdue:    Sources  of  Constitution.  677 

The  members  of  the  convention  were  organized  in  fifteen  committees, 
each  of  which  was  to  prepare  a  draft  of  provisions  appropriate  for  a  par- 
ticular article  of  the  constitution.  In  order  that  the  drafts  prepared  by 
the  committees  might  be  harmonious,  it  was  necessary  to  decide  upon  a 
common  basis  for  action.  This  was  difficult  to  do,  on  account  of  the  vary- 
ing nativity  and  experience  of  the  delegates.  The  largest  representation 
from  any  one  state  was  the  thirteen  from  Ohio.  Seven  were  natives  of 
Indiana,  and  five  each  of  Kentucky  and  Pennsylvania.  Four  were  from 
New  York,  three  each  were  from  New  Jersey  and  Vermont,  and  two  each 
from  Massachusetts  and  Maine.  Four  members  were  foreigners,  repre- 
senting England,  Ireland,  Scotland  and  Germany.  Five  delegates  had 
helped  to  form  the  Leavenworth  constitution,  and  three  had  been  mem- 
bers of  the  Topeka  convention.  Each  group  knowing  the  provision  of  its 
own  constitution  best,  was  in  favor  of  adopting  it  as  a  model.  During 
the  debate,  John  P.  Slough  advocated  the  Leavenworth  constitution,  and 
William  R.  Griffith,  being  a  native  of  Indiana,  thought  the  constitution  of 
that  state  would  be  the  proper  model. 

Solon  0.  Thacher  suggested  the  plan  which  was  adopted.  It  pro\aded 
that  the  roll  of  the  convention  be  called,  and  that  each  member  name 
the  constitution  which  he  preferred  as  a  basis  for  the  convention  to  act 
upon,  and  that  if  on  this  vote  no  one  constitution  received  a  majority  the 
roU  be  called  again,  and  that  the  members  confine  their  responses  to  one 
of  the  three  Constitutions  having  the  highest  number  of  votes.  Upon  the 
first  ballot  Ohio  received  thirteen  votes;  Indiana,  twelve;  and  Kentucky, 
six.  Five  votes  were  cast  for  the  Leavenworth  and  three  for  the  Topeka 
constitution.  Pennsylvania  and  Iowa  each  received  two  votes,  and  Massa- 
chusetts, Maine,  Michigan,  Minnesota  and  Oregon,  one  each.  The  number 
of  votes  for  Ohio  corresponds  to  the  number  of  delegates  native  of  that 
state.  The  number  of  votes  for  the  Topeka  and  Leavenworth  constitutions 
correspond,  respectively,  with  the  number  of  members  who  helped  to  form 
these  constitutions.  The  seven  members  from  Indiana  and  five  from  Ken- 
tucky were  doubtless  state  loyal,  and  must  have  received  votes  from 
states  having  smaller  delegations.  The  other  votes  bear  no  apparent  re- 
lation' to  the  members  present  from  the  respective  states.  On  the  second 
ballot,  Ohio  received  twenty-five  votes,  Indiana  twenty-three,  and  Ken- 
tucky one.  The  Ohio  constitution,  having  received  the  majority  of  the 
votes  cast,  was  made  the  basis  for  action,  and  copies  of  that  constitution 
were  printed  and  distributed  to  the  members  of  the  various  committees. 

Many  other  constitutions  were  in  the  hands  of  the  delegates,  and  sec- 
tions peculiarly  adapted  to  conditions  in  Kansas  were  appropriated  from 
them.  Among  the  constitutions  mostly  drawn  from  were  the  Michigan 
constitution  of  1850,  the  Iowa  constitution  of  1857,  Wisconsin  of  1848, 
lUmois  of  1848,  Indiana  of  1851,  Minnesota  of  1857,  New  York  of  1846, 
Pennsylvania  of  1838,  Kentucky  of  1850,  and  the  earlier  Kansas  constitu- 
tions, framed  at  Topeka,  Lecompton  and  Leavenworth. 

The  reports  of  the  committees,  being  completed  at  different  times,  were 
presented  to  the  convention  in  irregular  order.  For  that  reason  this  paper 
^\•ill  follow  the  arrangement  of  the  completed  document.  The  ordinance  is 
first  in  order.  No  such  instrument  having  been  prefixed  to  the  Ohio  con- 
stitution of  1851,  the  committee  on  ordinance  was  without  a  definite 
precedent  to  follow  in  its  deliberations.  Robert  Graham,  a  member  of 
the  committee,  offered  to  the  convention  as  an  instruction  to  the  com- 
mittee on  ordinance  the  proposition  included  in  the  "English  bill,"  saying 
that  it  was  "the  same  proposition  as  that  made  to  the  people  of  Kansas 
by  the  Democratic  party  in  the  event  of  the  adoption  of  the  Lecompton 


678  Appendix  D. 

constitution.  If  this  convention  should  adopt  the  article,  that  party  could 
not  consistently  oppose  its  pro\dsions  in  the  coming  constitutional  election." 
Upon  comparison,  it  is  evident  that  the  Lecompton  ordinance  and  the 
English  bill  were  the  precedents  followed.  The  enacting  clause  is  that  of 
the  Lecompton  constitution.  Section  1  of  the  report  of  the  committee 
was  exactly  section  1  of  the  English  bill,  but  Mr.  Wincheli  proposed  a 
substitute  stating  the  same  provisions  in  better  language,  which  was 
adopted.  Section  2  is  the  first  part  of  section  2  of  the  English  bill,  except 
that  the  manner  of  selecting  the  land  is  left  to  a  provision  in  section  8. 
In  section  3  the  grant  of  land  was  extended  from  ten  to  thirteen  sections, 
which  was  the  amount  provided  in  section  3  of  the  Leavenworth  ordi- 
nance. The  separate  grant  of  seventy-two  sections  of  land  for  the  erection 
and  maintenance  of  charitable  and  benevolent  institutions  is  additional. 
Section  5,  appropriating  salt  springs,  with  six  sections  of  land  adjacent 
thereto,  is  taken  from  section  4  of  the  English  bill,  though  all  the  pro- 
visions of  this  section  of  that  article  were  not  adopted.  Section  6,  asking 
for  five  per  centum  of  the  proceeds  of  the  sale  of  public  lands,  follows 
section  5  of  the  English  bill,  except  that  that  document  appropriates  the 
income  to  internal  improvement.  The  committee  set  it  aside  as  a  per- 
manent fund,  the  income  of  which  should  be  devoted  to  the  support  of  the 
cornmon  schools.  A  suggestion  of  this  idea  is  found  in  section  3  of  the 
ordinance  to  the  Leavenworth  constitution.  Section  7,  appropriating  the 
500,000  acres  of  land  granted  to  the  new  states  by  act  of  Congress  Septem- 
ber 14,  1841,  to  the  support  of  the  common  schools,  has  precedent  in  the 
California  constitution,  article  IX,  section  2;  in  the  constitution  of  Iowa, 
article  IX,  section  3,  and  most  constitutions  since  the  grant  was  made. 
Section  8,  prescribing  the  manner  in  which  the  selection  of  such  land 
should  be  made,  was  a  part  of  section  2  of  the  English  bill. 

The  next  in  order  of  the  preliminary  articles  is  the  preamble.  Mr. 
Hutchinson  said,  in  explanation  of  the  report  of  the  committee,  that  the 
article  was  copied  almost  word  for  word  from  the  preamble  of  the  Massa- 
chusetts constitution,  which  had  been  composed  by  John  Adams.  This 
would  have  been  of  liistoric  interest,  at  least,  but  the  members  of  the 
Kansas  convention  discarded  it  in  favor  of  a  short  enacting  clause  pre- 
pared by  Samuel  A.  Stinson.  In  introducing  this  clause,  he  stated  that 
it  was  the  usual  form  of  the  constitutions  which  he  had  examined.  He 
appears  to  have  taken  Minnesota  for  a  model,  and  added  a  few  words 
from  Wisconsin  or  Iowa. 

The  preamble  is  followed  by  the  bill  of  rights.  With  exception  of  an 
additional  provision  to  section  6,  and  a  few  transpositions  and  changes  in 
phraseology,  the  last  nineteen  provisions  of  the  bill  of  rights  are,  section 
for  section,  modeled  upon  the  Ohio  precedent.  The  first  section  was  the 
only  one  that  led  to  an  extended  debate.  It  was  an  exac.  copy  of  the 
first  section  of  the  Leavenworth  bill  of  rights.  T.  Dwight  Thacher  states 
that  the  section  reported  was  copied  from  the  Lecompton  bill  of  rights, 
with  slight  changes  in  the  phraseology  made  by  the  Leavenworth  constitu- 
tion, with  the  definite  purpose  of  antagonizing  the  pro-slavery  sentiment. 
Its  introduction  occasioned  a  violent  debate.  To  pour  oil  upon  the 
troubled  waters,  the  first  section  of  the  Ohio  bill  of  rights  was  twice  in- 
troduced. The  first  time  it  was  voted  down,  and  the  second  declared  out 
of  order.  Finally,  Samuel  A.  Kingman  proposed  the  following:  "All  men 
are  possessed  of  equal  and  inalienable  natural  rights,  among  which  are 
those  of  life,  liberty,  and  the  pursuit  of  happiness."  He  said  that  he 
"wished  the  purely  American  feeling  to  appear  in  this  first  section."  These 
terms  were  already  in  the  hearts  of  the  people;  they  had  become  tradi- 


Perdue:    Sources  of  Constitution.  679 

tional.  The  declaration  of  independence  and  declaration  of  rights  formed 
a  part  of  the  political  creed  from  which  no  man  could  extricate  himself. 
He  loved  the  form  in  which  old  ideas  were  expressed.  They  were,  in  form 
as  well  as  spirit,  the  political  bible  of  every  citizen.  If  you  change  the 
language,  you  mar  its  beauties.  He  had  therefore  selected  a  few  words 
from  these  documents  and  molded  them  into  a  substitute  that  would  show 
no  man's  prejudice  and  was  broad  enough  for  all  to  stand  upon.  In  this 
form  the  section  was  adopted. 

Article  I. — Executive.  Nineteen  of  the  twenty  sections  of  the  Ohio 
article;  three  were  preser^-ed  in  the  report  of  the  committee  on  executive 
department,  section  4  only  being  omitted  and  sections  1  and  2  being  com- 
bined. A  few  changes  were  made  in  the  report  during  the  debate  upon  its 
adoption.  To  the  list  of  officers  enumerated  in  the  first  section  the  state 
superintendent  of  public  instruction  was  added.  The  term  of  service  for 
the  auditor  was  changed  to  two  years,  to  correspond  with  the  term  of 
service  for  other  officers. 

The  provisions  of  section  2,  respecting  returns  of  elections,  occasioned 
some  discussion.  Mr.  Thacher  did  not  approve  the  requirement  that  the 
returns  be  sent  directly  by  the  township  officers,  but  proposed  that  an 
abstract  of  the  returns  of  every  election  in  each  county  be  sent  by  the 
clerk  of  that  county.  Mr.  Burris  favored  the  plan  of  Iowa,  which  trans- 
mitted the  returns  to  a  county  board,  which  sent  them  on  to  a  state  board. 
Mr.  Thacher  said  that  New  York  as  well  as  Iowa  sent  the  returns  to  a 
state  board  of  commissioners,  and  that  in  his  opinion,  in  Kansas,  the  secre- 
tary of  state,  the  auditor  and  the  attorney-general  should  constitute  a 
board  to  canvass  the  returns  and  declare  the  result,  instead  of  entrusting 
this  to  the  president  of  the  senate.  A  section,  copied  mostly  from  Iowa 
and  New  York,  and  embodying  the  propositions  of  Messrs.  Thacher  and 
Burris,  was  introduced.  It  was  amended  by  requiring  that  the  returns  be 
directed  to  the  secretary  of  state,  who,  in  connection  with  the  lieutenant- 
governor  and  attorney-general,  was  to  constitute  the  board  of  canvassers 
for  the  state.    The  section  was  then  approved  by  the  convention. 

The  part  of  section  4  which  provided  for  the  execution  of  laws  by  the 
governor  was  transposed  from  section  4  to  section  3.  Sections  5  and  6  of 
the  report,  concerning  the  governor's  message  to  the  legislature  and  his 
power  to  call  extra  sessions,  were  combined  for  the  present  section  5. 
The  provision  that  the  governor  shall  be  commander  of  the  military  and 
naval  forces  of  the  state  was  stricken  from  the  report,  with  the  intention 
of  making  a  like  provision  in  the  legislative  department.  In  lieu  of  section 
9,  defining  the  power  of  the  governor  to  grant  reprieves  and  pardons,  a 
more  concise  statement  containing  the  same  provision  was  adopted.  Sec- 
tions 14  and  15  of  the  report,  now  sections  12  and  13  of  the  completed 
article,  were  changed  by  introducing  the  lieutenant-governor,  to  agree  with 
the  changes  in  section  1.  In  section  16,  now  section  18,  ten  days  were 
substituted  for  the  five  days  required  in  the  Ohio  constitution  as  the  time 
before  the  regular  sessions  of  the  legislature  in  which  the  officers  of  the 
state  institutions  are  to  report  to  the  governor. 

It  therefore  follows  that  each  provision  of  the  Ohio  article  on  executive 
department,  except  sections  4  and  10,  is  now  embraced  in  the  Kansas 
article.  Many  of  the  sections  are  now  transferred  to  dilferent  positions, 
but  a  careful  comparison  will  discover  all. 

Article  II. — Legislative.  The  committee  on  legislative  department 
made  an  effort  to  follow  the  Ohio  precedent,  but  Mr.  Thacher,  its  chair- 
man, having  been  a  member  of  the  legislature  of  New  York,  knew  manv 


6S0  Appendix  D. 

good  pro\'isiou5  iu  the  constitution  of  that  state  which  he  incorporated 
in  the  report. 

Section  1  of  the  report  of  the  committee,  ''The  legiilative  powers  of 
this  state  shall  be  vested  in  a  senate  and  assembly."  was  word  for  word 
section  1  of  the  Xew  York  article.  It  was  amended  by  changing  the  last 
phrase  to  read,  "in  a  hotise  of  representatives  and  senate."  The  word 
■"assembly,"  characteristic  of  the  constitution  of  Xew  York,  was  used 
throughout  the  report  of  the  committee.  The  members  of  the  convention 
preferred  the  term  "house  of  representatives,"  and  ordered,  as  an  amend- 
ment, that  it  should  be  substituted  in  all  places  where  the  word  "assembly" 
had  been  used. 

The  pro%isions  of  section  2  occasioned  a  debate,  most  of  which  was  de- 
voted to  a  comparison  and  defense  of  precedents  which  members  found  iu 
different  constitutions.  The  term  for  senators,  two  years,  and  for  repre- 
sentatives, one  year,  and  the  di\ision  of  the  state  into  senatorial  and  repre- 
sentative districts,  were  copied  from  the  Xew  York  constitution.  But  the 
number  of  senators  and  representatives  pronded  for  the  first  session  of 
the  legislature  was  determined  by  the  committee  on  apportionment.  It 
was  their  purpose  to  give  to  each  coimty  at  least  one  representative.  Mr. 
Slough,  for  the  sake  of  economy  in  so  young  a  state,  wished  to  reduce  the 
number  of  representatives  from  seventy-five  to  fifty.  Pascal  S.  Parks  ob- 
served that  an  examination  of  the  constitutions  of  other  states  had  shown 
that,  on  first  organization,  Indiana  had  had  ten  senators  and  twenty-five 
representatives,  Missouri  fifteen  senators  and  thirty  representative,  and 
Ohio  fifteen  senators  and  thirty  representatives.  He' thought  that,  in  pro- 
portion to  the  size  of  the  states,  seventy-five  representatives  would  be  more 
satisfactory  to  Kansas.  William  C.  McDowell  thought  this  expense  im- 
necessar\'.  'The  great  state  of  Ohio,  only  ten  years  ago.  ^\"ith  a  popijlation 
of  over  a  million,  had  no  larger  representation  than  the  committee  pro- 
posed to  give  the  70,000  inhabitants  of  Kansas:  population,  not  coimties, 
should  be  the  basis  for  representation."  J.  C.  Burnett  silenced  opposition 
by  citing  the  precedent  of  Maine,  with  300  or  400  members  in  her  legisla- 
ture, and  Massachusetts,  with  500  or  600,  and  asserted  that  the  compara- 
tive size  of  the  states  would  show  seventy-five  members  for  her  house  of 
representatives  to  be  economy  in  the  state  of  Kansas.  The  precedents  of 
the  constitutions  of  X'ew  York  and  Pennsylvania  were  urged  in  favor  of 
adding  to  section  2  a  pro\-ision  guaranteeing  to  each  county  at  least  one 
representative  in  aU  subsequent  elections.  J.  T.  Barton  proposed  to  strike 
out  the  pro\ision  for  twenty-five  senators  and  insert  twenty,  and  urged  the 
example  of  Illinois  in  support  of  the  proposition.  Mr.  Thacher  explained 
that,  as  the  report  stood,  the  senators  and  representatives  were  appor- 
tioned in  the  ratio  of  one  to  three.  To  adopt  the  change  would  destroy 
the  proportion,  and  twenty-five  was  certainly  not  too  many  senators  t-o 
represent  the  people. 

The  term  of  office  for  a  representative,  reported  by  the  committee,  was 
one  year,  as  in  X'ew  York  esj^ecially,  and  in  several  other  states.  In  de- 
fense of  the  one-year  term,  and  annual  sessions  of  the  legislature,  Mr. 
Blunt  asserted  that  Indiana  and  Ohio  had  in  their  earlier  constitutions  the 
one-year  term,  and,  since  ha^■ing  changed  to  two  years,  were  contemplat- 
ing a  change  back  again.  If  bieimial  sessions  were  unsatisfacton,-  in  an 
old-settled  state,  they  would  be  disastrous  to  a  new  state,  like  Kansas.  Mr. 
Burris  disagreed;  he  remembered  distinctly  the  annual  sessions  in  Ken- 
tucky, under  the  old  constitution.  Some  twenty  years  since,  Kentucky' 
pro\-ided  in  her  new  constitution  that  the  legislature  should  meet  only  once 


Perdue:    Sources  of  Constitution.  681 

in  two  years,  and  the  people  were  satisfied  with  the  results.  He  also  knew 
that,  only  two  years  before,  in  the  state  of  Iowa,  the  people,  in  their  con- 
stitutional convention,  voted  to  continue  the  biennial  sessions  pro\'ided  in 
their  old  constitution.  A  vote  in  the  convention  decided  in  favor  of  the 
one-year  term  and  annual  sessions  of  the  legislature.  The  amendment  to 
the  section  was  ratified  in  1S75. 

John  James  Ingalls  proposed  that  the  third  section,  fixing  the  salary-  and 
mileage  allowed  to  members  of  the  legislature,  be  stricken  from  the  report-, 
as  superfluous.  Mr.  Thacher  explained  that  the  committee  had  found  it 
customary  in  other  constitutions,  especially  New  York,  Wisconsin.  Iowa 
and  Kentucky,  to  fix  the  per  diem  and  mileage  of  members  of  the  legis- 
lature. It  was  too  great  a  temptation  for  members  to  be  called  upon  to 
fix  their  own  compensation. 

Section  4,  describing  the  qualifications  of  members  of  the  legislature,  is 
from  section  6,  article  IV,  of  the  Wisconsin  constitution.  Its  worchng  ex- 
pressed the  idea  more  clearly  than  any  section  of  the  Ohio  constitution. 

Section  5,  disqualifjing  members  of  the  legislature  for  holding  office 
under  the  government  of  the  United  States,  is  from  section  3,  article  III, 
of  the  New  York  constitution.  It  is  foimd  also  in  section  13,  article  IV.  of 
the  Wisconsin,  and  in  less  definite  terms  in  the  constitutions  of  several 
[other]  states. 

The  original  section  6.  guarding  against  embezzlement  and  misiose  of 
public  funds,  was  taken  from  the  Ohio  constitution,  but  it  was  so  amended 
as  to  reduce  it  to  its  present  form. 

The  oath  of  office  prescribed  for  all  officers  of  the  state  was,  verbat-m. 
section  28,  article  IV,  of  the  Wisconsin  constitution.  A  slight  change  was 
made  to  improve  the  wording  of  the  first  line,  and  the  last  phrase  was 
stricken  out  in  the  committee  of  the  whole. 

Sections  8,  9,  10,  and  11,  prescribing  the  methods  of  organization  and 
proceedings  in  the  houses,  and  making  pro^i5ion  for  filling  vacancies,  and 
keeping  a  journal,  foUow  the  Ohio  precedent,  and  are  almost  universal 
pro\'isions  of  the  constitutions  of  other  states. 

The  report  of  the  committee  followed  the  time-honored  precedent  of 
all  earlier  constitutions  by  allowing  bills  to  originate  in  either  house,  sub- 
ject to  revision  and  rejection  by  the  other.  But  Mr.  Winchell  submitted, 
as  a  substitute:  "All  bills  shall  originate  in  the  house  of  representatives. 
and  be  subject  to  amendment  or  rejection  by  the  senate."  He  stated  that 
the  arguments  used  in  favor  of  originating  revenue  bills  in  the  house  ap- 
pUed  equally  to  aU  other  bills.  No  precedent  was  found  for  such  a  mode 
of  procedure,  and  some  members  thought  it  dangerotis  to  tr\-  the  experi- 
ment. However,  a  vote  of  the  convention  sustained  the  substitute,  and 
the  section  stood  in  this  form  until  amended  November  S,  1864.  The  ma- 
jority necessary  to  pass  a  bill  or  joint  resolution,  as  pro^■ided  in  section  13, 
was  adopted  from  the  Ohio  constitution,  section  9,  article  11.  It  has 
further  precedent  in  the  New  York  constitution,  section  15.  article  III. 

Section  14,  granting  a  Umited  veto  to  the  governor,  was  modeled  upon 
section  9,  article  IV,  of  the  New  York  constitution.  Mr.  Blimt,  Mr.  Mc- 
Dowell and  others  wished  the  section  stricken  from  the  report.  Mr.  Blunt 
thought  it  possible  to  impose  checks  enough  upon  legislation  without  liv- 
ing the  governor  any  part  in  it,  and  urged  that  the  constitution  of  Ohio, 
adopted  as  a  basis  for  action,  contained  no  veto  clause.  He  believed  the 
historj'  of  that  state  for  the  last  ten  years  had  proved  the  wisdom  of  the 
omission.  Other  members  referred  to  recent  beneficial  results  of  the  use 
of  the  veto  power  in  Indiana,  and  showed  by  President  Jackson's  veto  of 


682  Appendix  D. 

the  bank-charter  bill  that  the  veto  in  the  hands  of  the  executive  is  not 
final  unless  supported  upon  ultimate  appeal  to  the  people.  Besides  the 
model  in  the  New  York  constitution,  the  provision  for  the  veto  power  is 
found  in  the  California  constitution,  section  17,  article  IV ;  the  Iowa  consti- 
tution, section  16,  article  III;  the  Indiana  constitution,  section  14,  article 
V,  and  in  several  others.  The  large  array  of  precedents  led  to  the  adoption 
of  the  provision. 

Sections  15  and  16  are  evidently  modeled  upon  section  15  of  the  Ohio 
article  II.  Two-thirds  majority  is  substituted  for  the  three-fourths  re- 
quired that  constitution  to  suspend  the  rule  for  reading  bills  upon  three 
separate  days.  A  provision  is  also  inserted  prohibiting  the  omission  of 
reading  a  bill  by  sections  on  its  final  passage;  otherwise  the  sections  are 
identical. 

For  section  17,  the  committee  had  reported  section  15,  article  IV,  of 
the  Topeka  constitution.  Upon  motion  of  Benjamin  Wrigley,  section  26, 
article  II,  of  the  Ohio  constitution,  was  prefixed,  so  that  the  entire  section 
should  read:  "All  laws  of  a  general  nature  shall  have  a  uniform  operation 
throughout  the  state." 

Section  18  of  the  report  was  original  with  the  committee.  It  was  a 
group  of  prohibitions  upon  the  legislative  power.  By  amendment  in  the 
convention  and  in  the  committee  on  phraseology,  all  were  discarded  ex- 
cept the  denial  of  the  power  of  the  legislature  to  grant  divorces.  The  con- 
verse of  the  restriction  was  preserved:  "All  power  to  grant  divorces  is 
vested  in  the  district  court,  subject  to  regulation  by  law."  C.  B.  Mc- 
Clelland, a  surviving  member  of  the  committee,  states,  in  a  letter  to  the 
writer,  that  under  the  territorial  government  the  legislature  had  granted 
divorces.  The  committee  thought  it  best  to  transfer  this  work  to  the 
courts.  The  substance  of  the  section  finally  adopted  is  almost  imiversal  in 
other  constitutions,  but  the  phraseology  is  original. 

The  provisions  found  in  section  19  were  combined  by  the  committee 
from  sections  17  and  18  of  the  Topeka  article  and  sections  16  and  17  of 
the  Leavenworth  article  on  legislative  department.  Mr.  Wrigley  proposed 
to  so  amend  the  first  part  as  to  read:  "The  legislature  shall  prescribe  the 
time  when  its  acts  shall  be  in  force  and  authorize  the  speedy  publication 
of  the  same."  Mr.  Stinson  added:  "And  no  law  of  a  general  nature  shall 
be  in  force  until  the  same  be  published."  Both  amendments  were  ap- 
proved. Under  the  territorial  government,  laws  of  which  the  people  had 
had  no  notice  had  frequently  been  in  force.  The  purpose  of  the  section 
was  to  correct  this  difficulty. 

The  enacting  clause  for  bills  as  reported  was,  verbatur,  that  of  the  New 
York  constitution,  but  was  changed  by  amendment  to  its  present  form. 

Section  21,  conferring  upon  local  tribunals  the  right  to  transact  the 
county  business,  is,  word  for  word,  section  17,  article  III,  of  the  New  York 
constitution.  It  has  another  precedent  in  section  22,  article  IV,  of  the 
Wisconsin  constitution. 

The  constitution  of  Ohio  has  a  provision  protecting  the  members  of  the 
legislature  from  arre-st,  but  section  9,  article  IV,  of  the  Oregon  constitution, 
was  adopted  in  its  stead,  on  account  of  its  additional  provisions.  The  ex- 
emption from  arrest  for  treason  was  stricken  out,  the  last  clause  was  trans- 
posed to  the  first  part  of  the  section,  and  fifteen  days  were  substituted  for 
thirteen,  the  time  before  a  session  in  which  a  member  is  exempt  from  civil 
process.    With  these  changes  the  section  was  adopted. 

The  committee  had  taken  section  23,  providing  for  a  state  printer,  from 
the  Wisconsin  constitution,  but  members  of  the  convention  thought  such 


Perdue:    Sources  of  Constitution.  683 

business  should  be  left  to  the  judgment  of  the  legislature,  and  voted  to 
strike  out  the  provision. 

Mr.  Thacher,  always  ready  to  improve  the  station  of  women,  moved,  as 
a  substitute:  "The  legislature,  in  providing  for  the  formation  and  regula- 
tion of  common  schools,  shall  make  no  distinction  between  the  rights  and 
pri\ileges  of  males  and  females."  In  advocating  this  section,  he  stated  that 
"The  committee  had  considered  such  a  provision  just  and  humane,  and 
that  a  similar  provision  was  in  the  constitution  of  Kentucky."  A  diligent 
search  fails  to  reveal  any  such  provision  in  any  of  the  three  constitutions 
of  Kentucky  that  could  be  called  similar  to  the  one  introduced  by  Mr. 
Thacher.  This  is  only  one  of  many  imaginary  precedents  cited  during  the 
convention. 

Section  24,  prescribing  the  mode  of  making. appropriations,  is,  word  for 
word,  section  22,  article  II,  of  the  Ohio  constitution,  except  that  the  time 
is  changed  to  one  year,  to  correspond  with  the  annual  sessions  of  the 
legislature. 

Section  25,  specifjang  the  time  and  place  for  the  regular  meetings  of  the 
legislature,  is  section  25,  article  IV,  of  the  Topeka  constitution,  except  that 
the  time  appointed  is  one  week  later  in  January. 

The  provision  for  an  enumeration  of  the  inhabitants  of  the  state  even,' 
ten  years  is  common  to  the  Topeka  and  Leavenworth  constitutions,  and  to 
nearly  all  state  constitutions.  The  date  for  the  first  enumeration  was  fixed 
in  1S65,  so  that  the  dates  for  taking  the  state  and  national  census  would 
come  alternately,  gi^^ng  the  state  the  benefit  of  an  enumeration  every  five 
years. 

Mr.  Thacher  stated  that  the  section  on  impeachment  was  copied  ver- 
batim from  the  New  York  constitution.  Some  changes  were  made  during 
the  debate  which  made  the  present  section  nearly  identical  with  section  23. 
article  II,  of  the  Ohio  constitution.  The  further  specifications,  concerning 
officers  liable  to  impeachment  and  punishment  allowed,  is  section  24,  article 
II,  of  the  Ohio  constitution. 

It  then  appears  that  the  pro^dsions  of  the  entire  article  are  about 
equally  divided  between  the  constitutions  of  Ohio,  New  York,  and  Wis- 
consin, with  a  few  sections  each  from  the  Topeka  and  Leavenworth  con- 
stitutions. 

Article  III. — Judiciary.  It  is  peculiarly  difficult  to  discover  the 
sources  of  the  provisions  of  the  judicial  department.  The  report  was  pre- 
pared by  a  committee  of  ten  lawyers,  who  used  earlier  constitutions  as 
guides  in  a  general  way,  but  drew  upon  their  own  ideas  for  details.  The 
phraseology  of  sections  based  upon  precedent  is  so  changed  as  to  retain 
little  trace  of  the  original.  With  the  exception  of  the  section  fixing  the  sal- 
ary' of  judges,  the  report  was  adopted  almost  without  debate;  thus  few 
references  were  made  to  precedents  followed  by  the  committee.  Samuel 
A.  Kingman  stated,  in  a  letter  to  the  writer,  that  the  committee  on  judi- 
ciary had  before  it  the  constitution  of  Ohio,  but  did  not  feel  compelled  to 
follow  it.  Judge  Burris,  another  surviving  member,  stated  to  the  writer 
"that  the  committee  did  examine,  discuss,  criticize  and  to  a  certain  extent 
draw  from  the  constitutions  of  Ohio,  Indiana,  Kentucky,  Iowa,  Massa- 
chusetts, New  York,  Pennsylvania,  and  Michigan,  besides  several  others, 
but  followed  that  of  Ohio  more  closely  than  any  other." 

The  first  section,  vesting  the  judicial  power  in  a  series  of  courts,  is 
modeled  upon  the  first  section  of  the  Ohio  constitution.  These  are  two 
points  of  difference.    The  court  of  common  pleas  is  omitted,  so  that  the 


684  Appendix  D. 

courts  remaiuing  correspond  with  those  of  the  territorial  government,  and 
a  pro\nsion  for  a  seal  is  added. 

Section  2,  specifying  the  number  of  judges,  the  manner  of  their  election, 
and  term  of  office,  was  a  substitute  proposed  by  Mr.  Stinson.  The  number 
and  qualifications  of  judges,  and  the  quorum,  are  the  same  as  prescribed 
by  section  9  of  the  territorial  article.  The  manner  of  election  is  that 
found  in  the  last  part  of  section  2,  article  III,  of  the  Ohio  constitution. 
The  term  of  office  is  the  same  as  that  found  in  the  constitutions  of  Cali- 
fornia, Oregon,  Iowa  and  Michigan. 

Section  3,  which  defines  the  jurisdiction  of  the  supreme  court  and  ap- 
points the  place  for  holding  its  sessions,  is  section  2,  article  IV,  of  the 
<])hio  constitution,  with  slisht  changes.  The  last  clause  is  a  part  of  sec- 
rion  2,  article  V,  of  the  Missouri  constitution.  The  provision  for  a  clerk 
and  reporter  of  the  supreme  court  is  section  15,  article  VI,  of  the  Topeka 
constitution,  except  that  appointment  by  the  judges  is  substituted  for 
election,  as  is  provided  in  that  article. 

Sections  5,  6,  and  7,  which  proxdde  for  the  diAasion  of  the  state  into 
judicial  districts,  direct  the  election  of  officers  for  the  district  court,  and 
prescribe  their  jurisdiction,  are  evidently  all  taken  from  section  9  of  the 
territorial  act,  the  only  difference  being  that  judges  and  clerks  are  to  be 
elected,  whereas  they  were  appointed  under  territorial  administration. 

The  organization  of  the  probate  court,  prescribed  in  section  8,  is  a 
combination  of  sections  7  and  8  of  article  IV  of  the  Ohio  constitution. 

The  pro\dsion  for  justice  of  the  peace  is  based  upon  section  9  of  the 
Ohio  article,  though  the  number  of  justices  is  made  definite  and  the  term 
of  office  is  changed  from  three  to  two  years. 

Sections  10  and  11  are  either  original  or  so  changed  in  their  new  com- 
binations that  they  cannot  be  identified  with  their  precedents. 

Section  12,  "All  jucUcial  officers  shall  hold  their  offices  until  their  suc- 
cessors have  quaUfied,"  is  not  found  as  a  separate  section  in  any  other 
constitution,  but  is  a  part  of  section  30,  article  IV,  of  the  Kentucky  con- 
stitution. It  is  found  also  in  the  last  part  of  section  3,  article  V,  of  the 
Iowa  constitution. 

Section  13,  pro\dding  compensation  for  the  judges,  is  modeled  upon 
section  14,  article  V,  of  the  Ohio  constitution,  with  the  addition  of  a 
specified  minimum  salary  of  $2,000  a  year.  The  jVIissouri  constitution, 
before  it  was  amended  in  1823,  had  prescribed  that  minimum  salary  for 
the  justices  of  the  supreme  court  and  judges  of  the  circuit  court.  This 
salary  was  considered  extravagant  and  caused  a  debate,  in  which  several 
precedents  were  cited.  Mr.  Blunt  stated  that  ex-Judge  Williams,  one 
of  the  best  judges  of  Iowa,  had  served  for  $1,000  a  year.  George  H. 
Lillie  stated  that  $1,500  secured  good  judges  in  ]\Iissouri.  Mr.  McDowell, 
in  defense  of  the  proposition  of  the  committee,  declared  that  in  Ohio, 
where  the  minimum  was  fixed  at  $1,500  for  the  judge  of  the  court  of 
common  pleas,  petition  after  petition  had  been  made  for  a  change  in  the 
constitution  in  that  particular,  that  salary  being  considered  too  small. 
Iowa  had  fixed  the  salary  at  $1,000  per  year  and  could  not  get  men  of 
sufficient  ability  to  accept  the  office.  Mr.  Wrigley  knew  that  in  Indiana, 
where  judges  received  only  $1,000  per  year,  it  was  difficult  to  get  men 
of  ability  to  serve.  But  Thomas  S.  Wright  also  knew  something  about 
Indiana  and  her  judges.  In  one  district.  Judge  McCarthy,  one  of  the  most 
■ible  judges — since  elected  to  the  senate  of  the  United  States — filled  the 
place  for  several  years  at  a  salary  of  $1,000,  and  he  knew  of  plenty  of 
men  of  ability  who  would  accept  the  office.  John  Stiarwalt  opposed  the 
j)rovision  because  the  proposed  salary-  was  the  largest  found  in  any  new 


Peiidue:    Sources  of  Constitutiox.  685 

state  constitution  and  more  than  half  of  the  old  ones.  He  cited  a  case  in 
Missouri  where  a  judge,  serving  at  a  salary  of  $1,000,  had  been  elected  to 
congress,  and  had  returned  after  his  term  to  the  same  bench  and  salary. 
The  minimum  salary  of  $1,500  was  finally  adopted  as  a  compromise. 

Section  14,  providing  for  changes  in  judicial  districts,  is  evidently  a 
modification  of  section  15,  article  IV,  of  the  Ohio  constitution.  The  part 
which  prescribes  that  districts  shall  be  formed  from  compact  territory' 
bounded  by  county  lines  is  section  4,  article  VI,  of  the  New  York  consti- 
tution of  1846.  The  provision  for  the  removal  of  judges  for  definite  cause 
by  concurrent  resolution  of  both  houses  is  modeled  upon  section  17  of 
article  IV  of  the  Ohio  constitution.  This  method  of  procedure  is  common 
to  most  states. 

Section  16,  which  leaves  jurisdiction  at  chambers  to  be  prescribed  b>' 
law,  finds  precedent  in  section  18,  article  IV,  of  the  Ohio  constitution. 

Section  17,  fixing  the  style  of  all  processes,  is  modeled  upon  section  20  of 
the  Ohio  article  IV. 

The  division  of  the  state  into  temporary  judicial  districts  at  this  place 
in  the  constitution,  finds  precedent  in  the  constitution  of  Illinois  and 
Michigan.  The  provision  is  made  in  the  Ohio  constitution,  in  section  11 
of  the  article  on  apportionment.  The  administration  of  new  counties,^  by 
attaching  them  to  the  nearest  judicial  district,  follows  the  precedent  of 
section  13,  article  XI,  of  the  Ohio  constitution. 

Section  20,  which  authorized  the  legislature  to  make  a  law  enabling  the 
district  bar  to  choose  a  judge  pro  tern,  in  case  of  absence  or  disability  of 
the  district  judge,  was  proposed  by  Mr.  Kingman.  He  stated  in  a  letter 
to  the  writer  that  "it  was  taken  from  the  Kentucky  constitution  of  1850, 
but  that  constitution  not  being  before  the  committee,  the  section  was  not  so 
worded  as  to  be  identified."  A  diligent  search,  section  for  section,  does  not 
reveal  a  provision  at  all  like  the  one  in  question.  Probably  the  precedent 
in  the  minds  of  the  members  of  the  committee  was  a  statute  of  Kentucky. 

For  the  article  on  judiciary  as  a  whole,  the  constitution  of  Ohio  and  the 
territorial  judicial  system  w^ere  the  precedents  mostly  followed,  while 
special  provisions  were  taken  from  Michigan,  Illinois,  Missouri,  New  York, 
Pennsylvania  and  Kentucky. 

Article  IV. — Elections.  The  first  section  of  the  report  of  the  com- 
mittee, "All  elections  by  the  people  shall  be  by  ballot,  and  all  elections 
by  the  legislature  shall  be  by  viva  voce,"  is  a  copy  of  the  first  section  of 
the  Topeka  article  on  elections.  It  has  precedent  also  in  section  13,  article 
II,  of  the  Indiana  constitution  of  1851. 

The  second  section  has  no  exact  precedent  in  any  other  constitution. 
It  is  as  follows:  "General  elections  shall  be  held  annually  on  the  Tuesday 
succeeding  the  first  Monday  in  November.  Township  elections  shall  be 
held  on  the  first  Tuesday  in  April,  until  otherwise  provided  by  law." 
These  provisions  are  a  combination  of  customs  in  practice  in  New  York, 
Wisconsin,  Michigan,  Ohio  and  Illinois.  Only  a  part  of  the  section  pro- 
posed by  the  committee  was  adopted.  In  advocating  the  adoption  of  the 
section  in  its  present  form,  Mr.  Winchell  stated  that  in  New  York  the 
state  elections  occurred  upon  the  day  of  the  presidential  election  and  the 
township  elections  were  held  in  Apnl.  He  considered  it  a  saving  of  ex- 
pense to  the  people  for  the  state  and  general  elections  to  be  held  on  the 
same  day,  and,  as  far  as  the  township  elections  were  concerned,  it  was 
thought  best  to  keep  them  separate.    The  plan  had  given  perfect  satisfac- 

'NOTE. — The  editor  suggests  a  better  reading  for  this  clause  -would  be  "the  adminis- 
tratinn  of  justice  in  new  counties." 


686  Appendix  D. 

tion  in  New  York.  Since  the  people  of  Kansas  had  been  so  worried  with 
frequent  elections,  such  a  combination  of  general  and  state  elections  would 
be  a  great  benefit.  The  article  as  a  whole  does  not  follow  the  precedent  of 
any  one  state,  but  follows  general  customs  in  the  manner  of  voting  and 
the  time  for  holding  elections. 

Article  V. — Suffrage.  Section  1,  which  specifies  the  qualifications  of 
persons  to  whom  the  right  of  suffrage  is  granted,  is  a  combination  of 
section  2,  article  II,  of  the  Topeka  constitution,  and  section  1,  article  III, 
of  the  Wisconsin  constitution.  The  distinguishing  words,  "white  male 
person,"  the  committee  adopted  from  the  Topeka  constitution.  The  in- 
dorsement of  the  policy  of  excluding  negroes  from  suffrage  by  the  Topeka 
convention,  and  by  1731  votes  at  the  polls,  led  the  committee  on  suffrage 
to  insert  the  clause  in  their  report.  William  Hutchinson  made  an  un- 
successful effort  to  strike  out  the  word  "white,"  and  John  P.  Greer  pro- 
posed striking  out  the  words  "white  male,"  but  both  motions  were  laid 
on  the  table.  A  residence  of  six  months  in  the  state  and  thirty  days  in  the 
township  is  also  preserved  from  the  Topeka  article.  The  further  classi- 
fication of  citizens  is  a  copy  of  the  first  two  divisions  of  section  1,  article 
III,  of  the  Wisconsin  constitution.  This  classification  also  finds  precedent 
in  article  VII  of  the  Minnesota  constitution. 

Section  2,  which  forbids  the  exercise  of  privileore  of  suffrage  by  idiots, 
insane  persons,  and  criminals,  is  an  exact  copy  of  section  2,  article  III, 
of  the  Wisconsin  constitution.  November  5,  1S67,  the  present  amended 
form  was  adopted. 

Section  3,  declaring  soldiers  or  seamen  in  the  army  or  navy  of  the 
United  States  to  be  non-residents,  though  temporarily  stationed  within 
the  state,  is,  word  for  word,  section  3,  article  II,  of  the  Indiana  constitu- 
tion. Other  precedents  are  found  in  the  constitution  of  Illinois,  article 
VI,  section  6,  and  Wisconsin,  article  III,  section  5. 

No  provision  had  been  made  in  the  report  of  the  committee  for  the 
registration  of  voters,  so  Mr.  Burris  introduced  the  provision,  now  sec- 
tion 4,  which  is  a  copy  of  section  4,  article  II,  of  the  New  York  constitution: 
"The  legislature  shall  pass  such  laws  as  may  be  necessary  for  ascertaining 
by  proper  proofs  the  citizens  who  shall  be  entitled  to  the  right  of  suffrage 
hereby  established."  This  section  was  introduced  to  give  the  legislature 
power  to  stop  the  fraudulent  voting  which  had  caused  so  much  trouble 
during  the  earlier  history  of  Kansas.  Yet  it  met  with  determined  opposi- 
tion from  a  small  faction  in  the  convention.  Upon  a  call  for  the  yeas  and 
nays,  the  vote  stood  twenty-five  in  favor  to  thirteen  against  the  provision. 

Section  5,  rendering  duelists  inehgible  to  hold  any  office  of  trust  and 
profit,  is,  word  for  word,  section  7,  article  II,  of  the  Indiana  constitution. 
Similar  provisions  are  found  in  several  other  constitutions. 

Section  6,  which  prohibits  any  person  from  holding  an  office  secured 
by  means  of  bribery,  is  not  exactly  like  any  section  of  any  other  consti- 
tution, though  its  provisions  are  common  to  almost  all.  It  is  most  nearly 
like  section  6,  article  II,  of  the  Indiana  constitution.  Mr.  Arthur,  a  mem- 
ber of  the  committee,  was  a  native  of  that  state,  and  probably  caused  the 
adoi)tion  of  the  section,  with  the  present  changes  in  wording. 

For  the  provision  protecting  citizens  from  arrest  while  in  attendance 
at  elections,  and  in  going  and  returning  therefrom,  the  committee  returned 
to  section  3,  article  V,  of  the  Ohio  constitution,  which  they  adopted  word 
for  word.  Such  provision  is  found  in  the  article  on  elections  and  fran- 
chise in  nearly  all  constitutions. 

The  article  on  suffrage  is  therefore  a  combination  of  provisions  from 


Perdue:    Sources  of  Constitution.  687 

the  constitutions  of  Indiana,  Wisconsin,  Minnesota,  Illinois,  New  York,  and 
Ohio. 

Article  VI. — Education.  The  constitution  of  Ohio  having  only  two 
short  sections  in  its  article  on  education,  the  committee  had  to  look  else- 
where for  its  specifications  for  a  public-school  system.  The  provisions 
found  in  the  constitutions  of  Iowa,  Wisconsin,  Oregon,  Michigan  and  Cali- 
fornia most  nearly  represented  the  ideal  in  the  minds  of  the  members  of 
the  committee.  In  order  to  harmonize  the  various  provisions  several 
changes  were  made  and  new  ideas  inserted. 

The  office,  manner  of  election  and  term  of  the  state  superintendent  of 
public  instruction  being  provided  for  in  the  article  on  executive  depart- 
ment, the  committee  supplied  for  section  1  a  further  development  of 
section  1,  article  XIII  of  the  Michigan  constitution,  and  added  a  pro- 
vision for  a  county  superintendent.  This  is  the  first  provision  of  this 
character  to  be  placed  in  any  state  constitution. 

The  first  part  of  section  2,  "The  legislature  shall  encourage  the  pro- 
motion of  intellectual,  moral,  scientific  and  agricultural  improvement,"  has 
exact  precedent  in  the  first  clause  of  section  3  of  the  article  on  school 
funds  and  school  lands  in  the  Iowa  constitution.  The  amplification  of  the 
system  of  schools  contained  in  the  remainder  is  from  section  7,  article  VII, 
of  the  Leavenworth  constitution,  a  slight  change  in  phraseology  being  made 
to  combine  the  two  parts. 

Section  3,  as  reported  by  the  committee,  was  word  for  word,  section  3, 
article  IX,  of  the  Iowa  constitution.  It  establishes  both  the  perpetual  and 
annual  school  funds,  and  defines  the  sources  of  each.  The  section  has, 
also,  partial  precedent  in  the  constitutions  of  Wisconsin,  Cahfornia  and 
Oregon.  That  part  of  section  4  which  states  that  the  income  of  the 
fund  shall  be  distributed  "by  order  of  the  state  superintendent  to  the 
several  county  treasurers,  and  thence  to  the  treasurers  of  the  several 
school  districts,"  was  original  with  the  committee,  all  earlier  constitutions 
having  left  the  manner  of  distribution  to  be  prescribed  by  law.  That  part 
of  the  section  which  specifies  the  proportion  of  the  fund  to  be  distributed 
to  each  district,  and  denies  a  share  to  those  districts  in  which  s-^hool  has 
not  been  maintained  for  at  least  three  months  during  the  preceding  year, 
is  modeled  upon  section  5,  article  X,  of  the  Wisconsin  constitution.  A  few 
changes  were  made  by  the  committee.  The  limit  of  the  age  of  pupils  to  be 
counted  in  making  the  apportionment  was  changed  from  the  four  years 
and  twenty  years  of  the  Wisconsin  constitution,  to  five  and  twenty-one 
years. 

Section  5,  which  forbids  the  sale  of  school  lands,  unless  authorized  by  a 
vote  of  the  people,  and  makes  provision  for  a  revaluation  of  such  lands 
every  five  years,  must  have  been  original,  no  such  provision  occurring  in 
any  earlier  constitution. 

The  section  which  applies  all  money  received  for  exemption  from  mili- 
tary duty  and  the  proceeds  of  the  fines  imposed  for  breaches  of  the  penal 
law  exclusively  to  the  schools  of  the  coimty  where  such  money  is  collected 
is  exactly  the  first  part  of  section  4,  article  IX,  of  the  Iowa  constitution. 
In  Heu  of  the  last  part  of  that  section,  the  committee  added  to  the  above 
list  of  resources  "the  clear  proceeds  of  all  estrays." 

The  first  and  last  sentences  of  section  7  show  that  it  is  modeled  from 
section  6  of  article  X  of  the  Wisconsin  constitution.  The  section  provides 
for  the  establishment  of  a  state  university,  and  specifies  the  funds  to  be 
used  for  that  purpose.  The  division  of  the  university  into  different  parts 
"for  the  promotion  of  literature,  and  the  arts  and  sciences,  including  a 


688  Appendix  D. 

normal  and  an  agricultural  department,"  is  original,  in  wording  at  least. 
This  was  the  first  section  of  the  report  of  the  committee  on  education  that 
aroused  any  opposition.  jVIr.  Greer  wished  the  whole  section  stricken  out; 
he  was  opposed  to  state  universities.  "Institutions  of  learning  ought  to  be 
left  to  private  enterprise."  Several  members  thought  one  state  institution 
for  educational  purposes  ought  to  be  established,  but  that  an  agricultural 
college  would  be  more  beneficial  to  the  state.  The  original  portion  of  the 
section  was  made  broad  enough  to  permit  the  development  of  the  institu- 
tion which  should  prove  the  most  important. 

The  precaution  taken  against  the  use  of  the  pubUc  school  funds  by  any 
religious  sect,  in  section  8,  is  modeled  upon  section  5,  article  VII,  of  the 
Leavenworth  constitution.  The  word  "university"  was  added  to  make  the 
prohibition  cover  both  funds.  Another  precedent  of  the  section,  though 
not  stated  in  quite  the  same  terms,  is  found  in  the  last  part  of  section  2, 
article  VI,  of  the  Ohio  constitution. 

In  section  9  the  committee  had  made  pro\'ision  for  the  education  of 
negro  children,  as  follows:  "The  children  of  African  descent  shall  be  en- 
titled to  an  equitable  proportion  of  the  common-school  fund  of  the  state, 
and  the  legislature  shall  make  suitable  provision  for  their  education."  The 
introduction  of  this  section  caused  an  exciting  debate.  Mr.  Slough  intro- 
duced as  a  substitute:  "Mixed  common  schools  or  universities  for  children 
of  white  blood  and  children  of  African  descent  shall  not  be  permitted  in 
this  state."  Mr.  Blunt  succeeded  in  dismissing  the  race  question  by  pro- 
posing a  provision  for  a  state  board  of  commissioners  for  the  management 
and  investment  of  the  common-school  and  university  funds.  It  is  section 
7,  article  X,  of  the  Wisconsin  constitution,  except  that  the  state  superin- 
tendent of  public  instruction  is  substituted  for  the  treasurer  on  the  board. 
The  last  sentence  was  changed  slightly  by  the  committee  on  phraseolog>' 
and  was  then  adopted  in  its  present  form. 

The  greater  portion  of  the  entire  report  on  education  was  drawn  about 
equally  from  the  Iowa  and  Wisconsin  constitutions,  while  the  constitutions 
of  Michigan,  California,  Oregon  and  Leavenv/orth  contributed  one  sec- 
tion each. 

Article  VII. — Public  Institutions.  The  specifications  for  an  establish- 
ment of  institutions  for  the  care  of  the  deaf  and  dumb,  blind,  and  insane, 
and  for  a  penitentiar}^  are  exactly  those  of  sections  1,  2  and  3  of  article 
VII  of  the  Ohio  constitution.  The  committee  rearranged  the  sections  so 
as  to  separate  the  provisions  for  the  penitentiary  from  those  for  charitable 
institutions.  The  manner  of  choosing  the  trustees,  directors  and  other 
officials  remains  the  same.  The  fourth  section,  imposing  upon  each  county 
the  care  of  its  own  poor  and  infirm,  is  modeled  upon  section  3,  article 
VIII,  of  the  Topeka  constitution.  A  strenuous  effort  was  made  by  a  cer- 
tain class  of  members  to  insert  a  provision  excluding  persons  of  African 
descent  from  the  educational  and  charitable  institutions  of  the  state.  A 
debate  ensued,  in  which  both  parties  strayed  far  from  the  question  at 
issue.  In  opposing  the  proposed  section,  Mr.  Burris  said:  "\\Tiat  claim 
has  one  class  of  men  to  the  common  benefits  of  the  state  above  that  of 
each  and  all  other  classes.  If  any  gentlemen  can  point  out  any  precedent 
that  can  be  recognized  in  law  or  justice  we  will  yield  the  point.  We  must 
proceed  upon  the  supposition  that  the  blacks  are  to  live  in  common  with 
the  whites.  I  ask  if  it  is  desired  to  see  that  class'  of  citizens  growing  up 
in  entire  ignorance?  If  they  are  to  live  in  the  state  they  should  be  made  as 
intelligent  and  moral  as  training  in  the  schools  and  other  state  institutions 
can  make  them."    After  several  hours'  debate  the  section  was  rejected.  The 


Perdue:    Sources  of  Constitution.  689 

committee  therefore  followed  the  Ohio  precedent  in  the  article,  except  in 
the  last  section,  which  was  drawn  from  the  Topeka  constitution. 

Article  VIII. — Militia.  Section  1,  specifying  the  citizens  subject  to 
service  in  the  mihtia,  and  exempting  persons  having  conscientious  scruples 
agahist  bearing  arms,  is,  verbatim,  section  1,  article  XVII,  of  the  Michigan 
constitution,  except  that  twenty-one  years  is  substituted  for  eighteen  years 
as  the  age  at  which  militia  service  begins.  Sections  2  and  3,  which  pro- 
vide for  the  organization,  equipment  and  discipline  of  the  militia,  and  for 
the  appointment  of  officers,  are  exactly  sections  2  and  3  of  the  Michigan 
article  on  militia.  Mr.  Slough  moved,  as  an  additional  section,  the  gov- 
ernor shall  have  power  to  call  forth  the  militia  to  execute  the  laws  of  the 
state,  to  repress  insurrection  and  repel  invasion,  and  he  shall  be  com- 
mander-in-chief of  the  militia.  Except  the  last  clause,  this  section  was  a 
copy  of  section  3,  article  VII,  of  the  California  constitution.  The  commit- 
tee on  phraseology  changed  the  wording  to  its  present  form.  The  whole 
article  is  therefore  taken  from  the  Michigan  constitution  except  the  last 
section,  which  has  precedent  in  California  and  Ohio. 

Article  IX. — County  and  Township  Organizations.  The  first  section 
of  the  report  of  the  committee  did  not  please  some  members  of  the  con- 
vention. Four  different  substitutes  were  offered  and  four  amendments  were 
made  to  the  one  adopted.  The  result  was  no  more  satisfactory  than  the 
original.  The  substitutes  and  amendments  were  sent  to  the  committee  on 
phraseology,  to  be  molded  into  an  acceptable  provision.  It  was  returned 
in  its  present  form — "The  legislature  shall  provide  for  organizing  new  coun- 
ties, locating  county-seats,  and  changing  county  lines;  but  no  county  shall 
be  changed  without  the  consent  of  a  majority  of  the  electors  of  the  county, 
nor  any  county  organized,  nor  the  lines  of  any  county  changed  so  as  to 
include  an  area  of  less  than  432  square  miles."  The  section  is  therefore 
not  identical  with  any  one  in  any  other  constitution.  Most  of  its  provisions 
are  found  in  article  VII  of  the  Illinois  constitution  of  1848.  The  last  part 
of  the  sectiorr,  Judge  Burns  says,  is  a  part  of  section  2,  article  XI,  of  the 
Iowa  constitution. 

Section  2,  providing  for  county  and  township  officers,  is  section  1,  ar- 
ticle X,  of  the  Ohio  constitution,  with  the  omission  of  three  words. 

Sections  3  and  4,  pro\'iding  for  the  election  and  term  of  service  of 
county  and  township  officers,  were  changed  to  correspond  with  the  date 
for  elections  and  other  provisions  of  the  article  on  elections. 

The  method  of  removing  officers  is  modeled  upon  section  6,  article  IX, 
of  the  Ohio  constitution. 

Of  the  five  sections  in  the  article,  two  have  precedent  in  the  Ohio  con- 
stitution, two  were  necessarily  original  in  form,  and  one  was  composed 
of  different  provisions  from  the  Illinois  and  Iowa  constitutions. 

Article  X. — Apportionment.  In  the  debate  upon  the  first  section, 
Mr.  Graham,  a  member  of  the  committee,  stated  that  the  precedent  fol- 
lowed was  the  Pennsylvania  constitution.  The  first  part  of  the  section, 
"Each  organized  county  shall  have  at  least  one  representative,"  is  a  part  of 
section  4,  article  1,  of  the  Pennsylvania  constitution.  The  remainder  of 
the  section  differs  in  wording,  but  carried  out  the  purpose  of  the  Pennsyl- 
vania provision.  Mr.  Thacher  stated  that  this  method  of  apportionment 
was  in  practice  in  New  York.  A  large  number  in  the  convention  argued 
that  it  was  not  fair  to  the  most  populous  counties  to  give  to  each  organized 
coimty  at  least  one  representative.  The  majority  argued  that  to  join  a 
county  of  small  population  to  another,  which  really  elected  the  repre- 

44 — 778 


690  Appendix  D. 

sentative,  would  disfranchise  the  smaller  county  and  would  work  a  greater 
injury  than  was  possible  to  the  citizens  of  the  most  populous  county. 
The  population  of  the  new  counties  was  rapidly  increasing,  and  they  would 
soon  be  entitled  to  representation  based  strictly  upon  numbers. 

Section  2,  providing  for  apportionment  according  to  census,  though 
following,  in  part,  section  18,  article  II,  of  the  Pennsylvania  constitution, 
is  for  several  reasons  almost  entirely  original.  First,  the  territorial  legis- 
lature had  ordered  a  census  to  be  taken,  so  the  first  apportionment  was 
to  be  based  upon  its  report ;  second,  the  population  was  growing  so  rapidly 
that  the  committee  thought  best  to  apportion  the  state  every  five  years, 
instead  of  waiting  ten  years,  as  is  provided  in  most  constitutions.  By  fix- 
ing the  first  reapportionment  in  1866  it  could  be  based  upon  the  census 
provided  for  in  1865  by  the  legislative  article.  In  five  more  years  it 
could  be  based  upon  the  United  States  decennial  census,  as  was  provided 
in  section  18,  article  II,  of  the  New  York  constitution. 

Section  3  merely  makes  temporary  apportionment,  as  is  done  in  the 
constitutions  of  New  York,  Wisconsin,  and  Illinois.  The  same  was  done 
also  by  the  Topeka  constitution. 

From  the  nature  of  the  subject-matter  the  wording  of  the  article  on 
apportionment  is  very  nearly  original,  though  the  precedents  of  Permsyl- 
vania,  New  York,  Wisconsin  and  Illinois  were  followed  in  theory. 

Article  XI. — Finance  and  Taxation.  The  report  of  this  committee 
followed  very  closely  the  approved  precedent,  the  first  section  only  of  the 
Ohio  article  on  finance  and  taxation  being  rejected  in  the  report. 

For  section  1  the  committee  presented  a  section,  the  substance  of  which 
was  contained  in  section  2,  article  XII,  of  the  Ohio  constitution,  but  the 
phraseology,  not  pleasing  the  majority,  was  changed  to  the  present  form. 

Section  2,  which  levied  a  tax  upon  all  property  of  banking  institutions, 
proportional  to  that  borne  by  individuals,  is,  verbatim,  section  3  of  the 
Ohio  article  on  finance  and  taxation. 

The  provision  for  an  annual  appropriation  by  the  legislature  for  state 
expenses  had  exact  precedent  in  section  4,  article  XII,  of  the  Ohio  con- 
stitution.   The  section  was  amended  November  2,  1875. 

The  precaution  taken  in  section  4,  that  no  tax  should  be  levied  except 
in  pursuance  of  a  law,  which  shall  distinctly  state  the  object  of  the  same, 
is  a  copy  of  section  5,  article  XII,  of  the  Ohio  constitution. 

Section  5,  which  enables  the  legislature  to  create  a  limited  public  debt, 
the  committee  had  copied  entire  from  the  Wisconcin  constitution,  article 
VIII,  section  6.  Three  small  changes  were  made.  The  words  "public 
improvement"  were  inserted.  The  amount  of  debt  which  could  be  con- 
tracted was  changed  from  $100,000  to  $1,000,000,  and  the  debt  was  made 
payable  when  due,  instead  of  in  years,  as  in  the  precedent. 

Section  6  provides  that  the  state  may  contract  public  debt,  in  addition 
to  the  limit  mentioned  above,  if  the  proposition  is  sanctioned  by  the  ma- 
jority of  all  votes  cast  at  a  general  election.  The  idea  has  precedent 
in  section  5,  article  VIII,  of  the  Iowa  constitution,  though  several  of  the 
l)rovisions  included  in  that  section  are  not  appropriated. 

Section  7,  which  enables  the  state  to  borrow  money  to  repel  invasion, 
suppress  insurrection,  and  to  provide  for  defense  in  time  of  war,  is  verbatim, 
section  7,  article  VIII,  of  the  Wisconsin  constitution.  Mr.  Hoffman  wished 
to  make  it  possible  for  the  state  to  take  charge  of  works  of  public  improve- 
ment, if  the  necessary  funds  should  be  donated  by  the  United  States.  He 
therefore  proposed,  in  addition  to  the  report  of  the  committee,  a  section 
identical  with  section  10,  article  X,  of  the  Wisconsin  constitution.  As 
several  members  thought  that  the  section  might  be  misinterpreted,  and 


Perdue:    Sources  of  Constitution.  691 

made  the  means  of  creating  an  unlimited  public  debt,  amendment  after 
amendment  was  adopted,  until  the  original  purpose  of  the  section  was 
defeated  by  the  adoption  of  the  remnant  that  was  left — "the  state  shall 
never  be  a  party  in  carrying  on  any  works  of  internal  improvement." 

In  preparing  the  entire  article,  the  constitutions  of  Ohio  and  Wisconsin 
were  the  models  followed.  Iowa  and  Indiana  were  frequently  referred  to  as 
further  precedent. 

Article  XII. — Corporations.  During  the  debate  upon  the  report  of 
the  committee  on  corporations,  Mr.  Slough  proposed  as  a  substitute  for 
section  1  a  provision  which  he  said  was  a  combination  of  sections  1  and 
2  of  the  articles  on  corporations  in  the  Ohio  constitution.  The  section  was 
adopted  as  follows:  "The  legislature  shall  pass  no  special  act  conferring 
corporate  powers.  Corporations  may  be  created  under  general  laws,  but 
all  such  laws  may  be  annulled  or  repealed." 

Section  2,  providing  means  of  security  to  creditors  of  corporations,  is 
modeled  upon  section  3,  article  XIII,  of  the  Ohio  constitution,  and  a  clause 
is  added  exempting  railroads,  and  corporations  for  reUgious  and  chari- 
table purposes,  from  the  liabilities  enumerated  in  the  section.  This  addition 
was  made  by  the  committee  with  the  purpose  of  encouraging  capitalists 
to  build  roads  in  Kansas,  and  to  promote  religion  and  morality. 

Section  3,  which  vests  the  title  to  property  belonging  to  corporations  for 
religious  purposes  in  a  board  of  trustees,  had  its  precedent  in  section  4, 
article  IV,  of  the  Leavenworth  constitution. 

Section  4,  which  guarantees  compensation  to  property-owners  before  a 
right  of  way  shall  be  granted  to  any  corporation,  is,  word  for  word,  sec- 
tion 5  of  the  Ohio  article  on  corporations. 

The  provision  for  the  organization  of  cities,  towns,  and  villages,  and  the 
restriction  placed  upon  their  own  taxing  power,  follows  the  precedent  of 
section  6,  article  XIII,  of  the  Ohio  constitution,  with  two  small  changes. 
Mr.  Slough  said  that  the  practical  operation  of  the  provision  in  the  Ohio 
constitution  had  been  to  limit,  in  cities  and  towns,  the  amount  of  tax 
that  might  be  levied  for  municipal  purposes.  It  had  prevented  the  abuse 
of  the  taxing  power,  and  was  one  of  the  wisest  and  best  provisions  that 
could  be  inserted  in  the  constitution. 

The  definition  of  the  term  "corporations,"  as  used  in  the  article,  is 
found  in  the  constitution  of  Michigan,  New  York,  Minnesota,  and  several 
other  states. 

In  conclusion,  it  is  evident  that  four  of  the  six  sections  of  the  article 
find  precedent  in  the  Ohio  constitution;  one  of  the  two  remaining  sections 
is  from  the  Leavenworth  constitution;  while  the  other  has  precedent  in  the 
constitutions  of  several  [other]  states. 

Article  XIII. — Banking  and  Currency.  The  Ohio  constitution  fur- 
nished no  precedent  for  the  committee  on  banking  and  currency  to  follow 
in  their  deliberations.  After  the  Jackson-Van  Buren  financial  panic,  the 
constitutional  conventions  of  new  states  made  limited  provisions  in  con- 
nection ^vith  some  other  subject,  and  left  the  specific  control  of  such  in- 
stitutions to  the  legislature.  No  state  before  Kansas  considered  banks  and 
currency  of  such  vital  importance  as  to  require  a  separate  article.  The 
Topeka  convention  profited  by  the  successes  and  failures  of  the  provisions 
of  other  states  in  forming  the  article  on  this  subject.  The  Leavenworth 
committee  improved  upon  the  Topeka  report,  but  changed  few  essential 
points.  The  committee  of  the  Wyandotte  convention  followed  this  article 
very  closely  in  preparing  its  report.  Only  sections  2,  3  and  7  are  not 
found  in  the  Leavenworth  constitution. 


692  Appe>;dix  D. 

Section  2,  providing  that  all  banks  shall  deposit,  as  collateral  security 
for  their  notes,  interest-bearing  bonds  of  the  several  states  equal  to  the 
amount  of  notes  issued  and  a  further  deposit  of  ten  per  cent,  in  cash,  has 
partial  precedent  in  section  8,  article  VIII,  of  the  Iowa  constitution,  and  in 
section  3,  article  XI,  of  the  Indiana  constitution,  and  in  several  others, 
but  the  phraseology  was  original  with  Mr.  Winchell.  The  section  was 
further  amended  by  motion  of  Mr.  Slough  and  Mr.  Hutchinson. 

Section  3,  requiring  an  additional  deposit  in  case  of  depreciation  in  the 
value  of  the  bank  stocks,  has  precedent  in  the  second  part  of  section  13, 
article  IX,  of  the  Miimesota  constitution,  and  in  the  last  part  of  section 
8,  article  VIII,  of  the  Iowa  constitution,  but  the  section  proposed  by  the 
committee  provides  better  security  to  creditors,  and  must  have  been  partly 
original. 

Section  6,  which  was  exactly  section  7  of  the  Leavenworth  article  on 
banking  and  currency,  was  amended  by  Mr.  Slough's  proposing  that  the 
"location  of  the  bank  be  named  upon  the  circulating  notes  issued  by  such 
banks." 

Section  7,  "No  banking  institution  shall  issue  bills  of  less  denomination 
than  five  dollars,"  was  an  addition  to  the  report  of  the  committee,  pro- 
posed by  Mr.  Slough.  It  was  modeled  upon  the  last  part  of  section  2  of 
the  Topeka  article.  The  minimum  amount  was  changed  by  amendment 
from  ten  to  five  dollars. 

Section  9  was  originally  section  8,  article  XVII,  of  the  Leavenworth  con- 
stitution, but  was  reduced  by  amendment  to  its  present  form,  "Any  bank- 
ing law  may  be  amended  or  repealed." 

In  conclusion,  it  is  evident  that  the  precedent  for  the  article  on  bank- 
ing and  currency  is  article  XVII  of  the  Leavenworth  constitution.  A  few 
suggestions  are  adopted  from  the  constitutions  of  Iowa  and  Indiana  and 
combined  with  some  original  ideas  to  form  the  completed  article. 

Article  XIV. — Amendments.  The  two  sections  of  the  article  are 
modeled  upon  article  XVI  of  the  Ohio  constitution.  Only  two  important 
changes  were  made.  A  vote  of  two-thirds  was  substituted  for  the  three- 
fifths  required  by  that  constitution  for  recording  in  the  journal  an  amend- 
ment proposed  for  submission  to  the  people.  Three  months  was  substi- 
tuted for  the  six  months  required  by  the  Ohio  constitution  for  the  publica- 
tion of  an  amendment  before  its  submission,  and  a  few  changes  are  made 
in  the  phraseology,  which  do  not  change  the  meaning  of  the  provisions. 
The  report  of  the  committee  contained  a  third  section,  providing  for  the 
protection  of  a  family  homestead.  It  was  rejected  at  this  time,  but  re- 
appeared in  section  9  of  article  XV. 

Article  XV. — M.iscellaneoiis.  Sections  1  and  2,  which  confer  on  the 
legislature  the  power  to  provide  for  the  election  or  appointment  of  other 
necessary  officers,  and  to  prescribe  their  term  of  office,  are  sections  6  and 
7,  respectively,  of  the  California  constitution. 

Section  3,  "Lotteries  and  the  sale  of  lottery  tickets  are  forever  pro- 
hibited," was,  verbatim,  section  6,  article  XV,  of  the  Ohio  constitution, 
when  reported  by  the  committee,  but  was  changed  to  its  present  form  by 
amendment.  The  provision  is  also  found  in  the  Topeka  constitution, 
article  XV,  section  2,  and  in  several  other  [state]  constitutions. 

Sections  4  and  5,  providing  for  a  state  printer,  and  taking  precaution 
to  guard  the  use  of  public  money  by  publication  of  accounts,  are  sections 
2  and  3,  respectively,  of  article  XV  of  the  Ohio  constitution.  A  slight 
amendment  was  made  in  the  phraseology  of  section  4.    Mr.  Slough  said  in 


Perdue:    Sources  of  Constitution.  693 

debate  that  the  provision  worked  well  in  Ohio.  The  present  amended  form 
was  adopted  November  3,  1865. 

Section  6,  when  reported  by  the  committee,  was,  word  for  word,  section 
6,  article  XVI,  of  the  Leavenworth  constitution,  as  follows:  "The  general 
assembly  shall  provide  by  law  for  the  protection  of  the  rights  of  women, 
married  and  single,  in  the  acquisition  and  possession  of  property,  real, 
personal,  mixed,  separate  and  apart  from  the  husband,  or  other  person,  and 
shall  also  provide  for  the  equal  rights  of  women  in  the  protection  with 
the  husband  of  the  children  durmg  their  minority;  also,  shall  provide  for 
the  security  of  a  homestead,  which,  without  the  consent  of  the  wife,  she 
cannot  be  deprvied  of."  The  section  was  adopted  as  quoted,  but  was  re- 
considered to  its  present  form  upon  the  addition  of  section  9,  which  was 
not  a  part  of  the  original  report. 

The  purpose  of  the  section  which  confers  power  upon  the  legislature  to 
reduce  the  salaries  of  officers  who  neglect  the  performance  of  any  legal  duty 
is  the  same  as  that  of  section  13,  article  VIII,  of  the  Kentucky  constitution. 
This  is  the  section  v/hich  suggested  the  idea,  though  the  wording  of  the 
.section  adopted  is  quite  different. 

Ex.  Gov.  John  A.  Martin,  in  his  address  at  the  reunion  of  members  of 
the  Wyandotte  convention,  stated  that  the  homestead  provision  is  one  of 
the  few  original  sections  of  the  constitution.  The  idea,  however,  had  ample 
precedent  in  both  the  Michigan  and  California  constitutions.  The  sub- 
ject was  discussed  several  times  during  the  convention,  different  provisions 
being  proposed,  one  of  them  being,  word  for  word,  section  7,  article  XVI, 
of  the  Leavenworth  constitution.  The  section  finally  proposed  by  Mr. 
Winchell  was  the  Leavenworth  provision,  with  the  addition  of  amend- 
ments proposed  during  the  debate. 

The  Schedule.  Though  not  technically  a  part  of  the  constitution,  the 
schedule  is  a  valuable  adjunct  to  such  a  document. 

The  first  eight  sections  follow  closely  the  precedent  of  the  Indiana 
schedule  of  1816. 

Sections  from  S  to  20,  making  all  necessary  provision  for  submitting  the 
constitution  to  popular  vote,  are  very  near  exact  transcripts  from  "An  act 
of  the  territorial  legislature  pro\iding  for  the  formation  of  a  constitution 
and  state  government  for  the  state  of  Kansas." 

The  remainder  of  the  schedule  follows  in  part  the  provisional  act  of  the 
legislature,  but  was  largely  original,  since  the  members  of  the  convention 
decided  to  create  a  board  of  canvassers  who  should  canvass  the  votes  cast, 
issue  certificates  of  election,  make  the  proclamation,  and  pro^'ide  for  the 
transmission  of  authenticated  copies  of  the  constitution  to  the  president  of 
the  United  States,  president  of  the  senate,  and  the  speaker  of  the  house  of 
representatives.  By  the  provisional  act  of  the  legislature  these  important 
duties  had  been  left  to  the  governor. 

After  the  report  of  the  committee  was  completed,  section  25,  providing 
for  the  separate  submission  of  the  homestead  section  to  a  vote  of  the 
people,  was  added.  This  section  had  been  prepared  by  the  committee  on 
phraseology  and  added  to  the  schedule  as  the  most  appropriate  place  for 
such  a  provision. 

The  schedule  to  the  Indiana  constitution  of  1816  and  the  territorial  act 
providing  for  the  formation  of  a  constitution  and  state  government  for  the 
state  of  Kansas  are  the  precedents  followed  in  forming  the  schedule. 

Resolutions.  A  precedent  for  a  memorial  in  the  form  of  a  series  of 
resolutions  was  foimd  in  the  Wisconsin  constitution  of  1848.  Members  of 
the  convention  had  several  different  measures  which  they  had  been  unable 


694  Appendix  D. 

to  incorporate  in  the  ordinance,  but  yet  wished  to  present  to  congress  in 
connection  with  the  constitution.  A  series  of  seven  resolutions  were 
adopted.  Five  of  them  asked  for  grants  of  land,  the  proceeds  of  which 
was  to  be  used  for  internal  improvement,  construction  of  railroads,  develop- 
ment of  the  Kansas  river,  support  of  public  schools,  and  payment  of 
claims  awarded  by  the  claims  commission.  The  seventh  resolution  asked 
congress  to  assume  the  debt  of  the  territory.  The  first  and  tliird  resolu- 
tions had  been  a  part  of  the  report  of  the  committee  on  ordinance,  and  the 
fifth  had  precedent  in  the  seventh  resolution  of  the  Wisconsin  constitution. 
The  precedent  followed  in  adopting  the  series  of  resolutions  [is]  in  the 
Wisconsin  constitution. 

Upon  the  last  day  of  the  cpnvention.  Judge  Burris  had  the  honor  of 
adding  the  finishing  touch  to  the  constitution  by  proposing  the  attesting 
clause,  "Done  in  convention  at  Wyandotte,  this  29th  day  of  July,  a.  d. 
1859."  Even  this  clause  followed  in  form  the  model  of  the  Ohio  and  Iowa 
constitutions. 

In  conclusion,  it  is  evident  that  the  Ohio  constitution  of  1851,  adopted 
as  a  common  basis  for  action,  was  closely  adhered  to  in  all  cases  where  its 
provisions  were  adapted  to  conditions  in  Kansas.  The  Ohio  constitution 
of  1851,  being  entirely  without  ordinance  and  memorial,  and  deficient  in 
its  provisions  for  an  educational  system,  for  the  establishment  and  control 
of  banks  and  currency,  and  for  the  organization  and  discipline  of  the 
militia,  the  constitutions  of  Indiana,  Wisconsin,  Michigan  and  Iowa  were 
largely  drawn  upon  to  make  up  the  deficiency.  In  other  instances  where 
the  constitution  of  Ohio  did  not  apply  to  conditions  in  Kansas,  or  could  be 
improved  upon,  provisions  were  adopted  from  the  constitutions  of  Indiana, 
Wisconsin,  Michigan,  Iowa,  New  York,  Massachusetts,  Illinois,  Missouri. 
Kentuckj^  California,  Maine,  Minnesota,  Vermont,  Pennsylvania,  Oregon; 
from  earlier  constitutions,  and  [the]  territorial  government  of  Kansas.  A 
careful  comparison  shows  that  nearly  every  section  of  the  Wyandotte  con- 
stitution was  either  copied  from  or  based  upon  some  section  to  be  dis- 
covered in  some  preceding  constitution.  The  provisions  not  drawn  from 
or  based  ujion  the  constitution  of  some  other  state  are:  First,  the  pro- 
vision for  the  equal  education  for  the  sexes,  and  for  the  election  by  the  bar 
of  a  judge  pro  tern,  of  the  district  court,  which  were  supposed  to  be  based 
ui)on  sections  in  the  Kentucky  constitution,  but  were  really  legislative  en- 
actments; second,  the  provision  that  all  bills  should  originate  in  the  house 
of  representatives,  which  is  an  extension  of  the  theory  in  practice  concern- 
ing revenue  bills;  and  third,  the  provision  in  the  educational  system  for  a 
county  superintendent  of  ]iublic  instruction,  and  an  outline  of  the  method 
of  distributing  the  public-school  fund  to  the  districts,  and  of  a  revaluation 
and  sale  of  school  lands,  all  of  which  were  legislative  enactments  of  neigh- 
boring states.  Five  of  the  six  provisions  in  advance  of  any  other  state 
constitution  had  been  thoroughly  tested  as  laws  of  other  states  before  their 
adoption  by  Kansas.  The  provision  that  all  bills  should  originate  in  the 
house  of  representatives,  the  only  real  experiment  in  the  constitution,  was 
repealed  November  8,  1864. 

Authorities.  Journal  of  Wyandotte  Convention ;  Poore's  Charters  and 
Constitutions  of  the  United  States;  American's  Guide  to  State  Constitu- 
tions; Jameson,  Constitutional  Convention;  Constitutional  History  of  the 
American  People,  1776-1850,  J.  N.  Thorpe;  Reports  of  Committees,  First 
Session  Thirty-fifth  Congress;  Senate  Documents,  First  and  Second  Ses- 
sions of  the  Thirty-fourth  Congress;  The  Public  Domain,  by  Donaldson; 
Annals  of  Kansas,  Daniel  W.  Wilder;    American  Statute  Law,  Stinson; 


Perdue:    Sources  of  Constitution.  695 

General  Laws  of  Kansas,  1859;  History  of  Kansas,  L.  W.  Spring;  History 
of  Kansas,  J.  N.  Holloway;  address  by  John  A.  Martin,  delivered  at  the 
reunion  of  members  and  officers  of  the  Wyandotte  constitutional  conven- 
tion; address  of  Hon.  Timothy  Dwight  Thacher,  delivered  at  Topeka, 
January  16,  1883,  before  the  Kansas  State  Historical  Society;  address  of 
Hon.  Benjamin  F.  Simpson,  upon  the  Wyandotte  constitution;  personal 
letters  to  the  author  from  Hon.  ,7ohn  J.  Ingalls,  Judge  Samuel  A.  Kingman, 
Judge  John  T.  Burris,  and  C.  B.  McClelland,  who  were  members  of  the 
Wvandotte  convention. 


RESUME  OF  MISS  PERDUE'S  PAPER,  BY  THE  EDITOR. 

In  this  resume  the  names  of  the  states  are  arranged  after  every  article 
in  the  order  of  importance  of  matter  taken,  the  most  liberal  appearing 
first.  They  are:  Ohio  (1851),  Michigan  (1850),  Iowa  (1859),  Wisconsin 
(1848),  Illinois  (1848),  Indiana  (1851),  Minnesota  (1857),  New  York 
(1846),  Pennsylvania  (1838),  Kentucky  (1850),  Kansas  Territory  former 
attempts:  Topeka  (1855),  Lecompton  (1857),  Leavenworth  (1858),  Eng- 
lish Bill  (congressional  act  of  1858),  known  as  Lecompton,  Jr. 

A.   Sources  by  Articles: 

(Ordinance:   Lecompton,  English  Bill,  California.) 
Preamble:    Minnesota,  Wisconsin,  Iowa. 
Bill  of  Rights:   Ohio. 

Art.  1 — Executive:    Ohio  (almost  entirely),  Iowa,  New  York. 
Art.  2 — Legislative :  About  equally  amongst  Ohio,  New  York,  and  Wis- 
consin; Topeka,  Leavenworth. 
Art.  3 — Judicial:   Ohio,  Kansas  Territory,  Michigan,  Illinois,  Missouri, 

New  York,  Pennsylvania,  Kentucky. 
Art.  If. — Elections:    Topeka,  New  York,  Wisconsin,  Michigan,  lUinois, 

Indiana,  Ohio. 
Art.  5 — Suffrage:  Topeka,  Wisconsin,  Minnesota,  Indiana,  New  York, 

Ohio,  Illinois. 
Art.  6 — Education:    Iowa,   Wisconsin,   Michigan,   California,   Oregon, 

Leavenworth,  Ohio. 
Art.  7 — Public  Institutions:    Ohio,  Topeka. 

Art.  8 — Militia:    Michigan  (except  last  section),  Cahfornia,  Ohio. 
Art.  9 — County  and  Toivnship:  Two  sections  from  Ohio,  two  sections 

original,  Illinois,  Iowa. 
Art.  10 — Apportionme7it :  Pennsylvania,  New  York,  Wisconsin,  Illinois. 

Phrasing  is  original. 
Art.  11 — Finance  and  Taxation:   Ohio,  Wisconsin,  Iowa,  Indiana. 
Art.  12 — Corporations:     Ohio,    Leavenworth,    Michigan,    New    York, 

Minnesota. 
Art.  13 — Banking  and  Currency:    Leavenworth,  Iowa,  Indiana,  with 

original  ideas. 
Art.  14 — Amendments:  Ohio. 

Art.  15 — Miscellaneous:    California    (sees.    1   and  2);    Ohio,   Topeka 
(sec.  3) ;  Ohio  (sees.  4  and  5) ;  Leavenworth  (sec.  6) ;  Ken- 
tucky   (sec.  7) ;    original   (sec.  8) ;    Leavenworth   (sec.  9, 
Homestead) . 
(Schedule:   Indiana  (1816),  Kansas  Constitutional  Act  (pages  7-11).) 
(Resolutions:   Wisconsin  resolutions.) 
Attesting  Clause:   Ohio  and  Iowa. 


f)t)(3  Appendix  D. 

B.   Sources  in  General: 
1.   Constitutions: 

Basic  Constitution:   Ohio  (pages  39-40). 

Departures  from  base  upon  subjects:    Memorial,  Educational  sys- 
tem, banking  and  currency,  and  militia:    Lecompton,  English 
Bill,  California,  Minnesota,  Wisconsin,  Iowa,  Oregon,  Leaven- 
worth, Indiana,  Michigan,  Iowa. 
Conditions  of  Ohio  and  Kansas  inapplicable:   Recourse  was  had  to 
Indiana,  Wisconsin,  Michigan,  Iowa,  New  York,  Massachusetts, 
lUinois,  Missouri,  Kentucky,  California,  Maine,  Massachusetts, 
Vermont,   Pennsylvania,  Oregon,  Topeka,  Lecompton,   Leaven- 
worth, Kansas  Territory  Government  Act. 
S.   From  Statutes:   Kentucky  and  neighboring  states  to  Kansas. 
S.   Original:   Only  real  experiment,  confining  origin  of  bills  to  House 
of  Representatives  (sec.  12,  art.  2). 


APPENDIX  D-2. 


SOURCES  OF  THE  CONSTITUTION. 

(Excerpt  from  an  article  by  Robert  Stone  of  Topeka,  published  in  Connelley's  "Kan- 
sas and  Kansans,"  Vol.  2,  pages  948  to  952,  »nd  republished  here  by  the  courtesy  of 
Messrs.  Connelley  and  Stone.) 

When  the  convention  convened  one  of  the  first  questions  which  arose 
was  whether  or  not  to  use  the  constitution  of  some  other  state  or  some 
former  draft  of  the  Kansas  constitution  as  a  model  from  which  to  draw  the 
new  document.  On  the  first  ballot  Ohio  received  13  votes;  Indiana  12; 
Kentucky  6;  the  Leavenworth  Constitution  5;  the  Topeka  Constitution  3; 
Pennsylvania  2;  Iowa  2;  Wisconsin  2;  Massachusetts,  Michigan,  Maine, 
Minnesota  and  Oregon  1  each.  On  the  second  ballot  Ohio  received  25,  In- 
diana 23,  and  Kentucky  1.  The  constitution  of  Ohio,  having  received  the 
majority,  was  declared  to  be  the  proposed  basis  for  the  new  document. 

The  greatest  speech  of  the  convention  was  made  by  Thacher  in  opposi- 
tion to  a  proposal  to  exclude  free  negroes  from  the  state.  This  speech 
forever  settled  the  question  of  absolute  freedom  of  Kansas  soil,  although 
the  vote  upon  the  proposition  when  taken  stood  twenty-one  ayes  and 
twenty-sLx  nays. 

To  us  of  this  day  it  seems  strange  that  any  argument  was  necessary  to 
defeat  the  proposition.  But  the  sentiment  in  favor  of  it  was  so  strong  in 
the  convention  that  several  of  the  members  predicted  that  the  constitution 
would  be  defeated  unless  the  provision  excluding  the  free  negro  from  the 
.^tate  should  be  included  in  it.  Their  apprehension  proved  to  be  without 
foundation. 

A  very  interesting  discussion  arose  over  the  northern  boundary  of  Kan- 
sas. Delegates  came  from  Southern  Nebraska  and  petitioned  the  conven- 
tion to  fix  the  northern  boundary  of  the  state  at  the  Platte  River.  They 
argued  with  great  earnestness  that  the  present  boundary  was  an  artificial 
one,  while  the  river  was  a  natural  boundary  because  it  could  not  be  forded 
because  of  quicksand,  could  not  be  bridged  because  no  bottom  could  be 
found  for  the  piers,  and  could  not  be  ferried  because  there  was  not  enough 
water  to  float  a  boat.  That  at  times  it  was  a  raging  torrent  and  at  other 
times  a  stretch  of  sand.  They  offered  to  give  to  Kansas  a  rich  area  of 
territory  and. the  democratic  members  of  the  convention  were  unanimously 
in  favor  of  the  tender.  But  the  republicans  "feared  the  Greeks  bearing 
gifts,"  they  suspected  the  inhabitants  of  that  land  were  democrats  and 
might  either  defeat  the  constitution  altogether,  or  elect  democratic  United 
States  senators,  from  the  new  state,  so  the  boundary  line  was  fixed  at  the 
40th  parallel. 

Two  of  the  older  states.  New  York  for  the  North  and  Virginia  for  the 
South,  have  furnished  the  models  for  most  of  the  constitutions  of  the  sev- 
eral states.  The  Ohio  constitution  was  in  the  main  founded  upon  that  of 
New  York.  All  sub-committees  of  the  convention  were  instructed  to  use 
the  Ohio  constitution  as  a  model  for  their  particular  articles  and  in  the 
main  they  followed  those  instructions,  but  throughout  the  proceedings  we 
find  frequent  allusion  to  the  constitutions  of  the  different  states  and  also  to 
the  Topeka  and  the  Leavenworth  constitutions,  showing  that  while  the 
Ohio  constitution  was  used  as  the  model  in  the  main  it  was  not  strictly 
followed.  The  constitutions  from  which  provisions  were  taken  other  than 
the  Ohio  constitution  were  principally  Michigan,  Kentucky,  Indiana,  Iowa, 

(697) 


698  Appendix  D-2. 

Wisconsin,  Illinois,  Pennsylvania,  and  the  Topeka  and  Leavenworth  and 
even  the  Lecompton  constitutions.  The  ordinance  was  taken  largely  from 
the  Lecompton  constitution.  The  executive  and  legislative  articles  followed 
largely  the  Ohio  precedent,  but  the  qualifications  of  the  members  of  the 
legislature  is  taken  from  the  Wisconsin  constitution,  with  a  number  of  the 
sections  adopted  from  the  Topeka  and  Leavenworth  constitutions.  One 
provision  improving  the  status  of  women  which  pro\-ides  "the  legislature  in 
providing  for  the  formation  and  regulation  of  common  schools  shall  make 
no  distinction  between  the  rights  and  privileges  of  males  and  females," 
was  taken  from  the  constitution  of  Kentucky.^  The  article  on  elections  and 
suffrage  followed  largely  the  Topeka  constitution.  The  article  on  educa- 
tion was  a  merger  of  provisions  found  in  Iowa,  Oregon,  Michigan,  Wiscon- 
sin and  California.  The  article  on  banking  and  currency  was  made  up 
from  the  Topeka  and  Leavenworth  constitutions.  Nearly  every  section 
can  be  traced  to  some  provision  of  some  preceding  constitution,  except 
perhaps  the  provision  that  all  bills  should  originate  in  the  House  of  Repre- 
sentatives, and  this  provision  was  repealed  in  November,  1864. 

This,  however,  does  not  mean  that  the  instrument  was  not  progressive 
in  its  character.  On  the  contrary  most  of  the  constitutions  from  which  its 
provisions  were  taken  had  been  recently  adopted  by  the  respective  states 
and  from  them  were  gleaned  the  best  and  most  progressive  pro\dsions. 
The  sagacity  of  the  Wyandotte  Convention  consisted  in  its  selection  of 
these  provisions  and  the  amalgamation  of  them  into  a  consistent  and  har- 
monious instrument.  Most  of  the  progressive  ideas  of  the  decade  were  in- 
corporated in  the  instrument.  Slavery  was  prohibited.  Free  negroes  were 
not  excluded.  Wild  cat  banking  paper  was  proscribed.  Ample  provision 
was  made  for  common  schools  and  higher  education.  The  rights  of  women 
were  recognized  and  advanced  and  the  homestead  was  guarded  against 
covetous  creditors.  It  is  true  that  some  progressive  measures  were  sug- 
gested to  the  convention  which  were  not  adopted.  John  Ritchie  offered 
the  following:  "That  the  state  of  Kansas  shall  confer  power  on  the  legis- 
lature to  prohibit  the  introduction,  manufacture  or  sale  of  spirituous  liquor 
in  the  state."  The  provision  was  not  adopted.  But  twenty-one  years 
later,  in  November,  1880,  the  prohibition  amendment  was  passed. 

Mr.  Ritchie  moved  to  strike  the  word  "white"  from  the  article  estab- 
lishing the  state  militia.  Only  six  voted  in  favor  of  the  motion,  but  the 
section  was  so  amended  in  1888.  Mr.  Hutchinson  presented  a  petition  of 
252  inhabitants  of  Douglas  and  Shawnee  counties  asking  that  the  right  of 
suffrage  be  extended  to  women.  The  petition  was  not  granted,  but  in  1914 
that  right  was  extended  to  women. 

There  are  two  provisions  in  the  Wyandotte  Constitution  which  make  it 
a  mile-post  in  legislation.  One  is  the  extension  of  married  women's  rights 
and  the  other  the  homestead  exemption.  These  provisions  are  linked  to- 
gether and  touch  the  social  life  of  the  state  through  the  family.  The  two 
sections  are  as  follows: 

"Section  6.  The  Legislature  shall  provide  for  the  protection  of  the 
rights  of  women,  in  acquiring  and  possessing  property,  real,  personal  and 
mixed,  separate  and  apart  from  the  husband;  and  shall  also  provide  for 
their  equal  rights  in  the  possession  of  their  children." 

"Section  9.  A  Homestead  to  the  extent  of  one  hundred  and  sixty  acres 
of  farming  land,  or  of  one  acre  within  the  limits  of  an  incorporated  town 
or  city,  occupied  as  a  residence  by  the  family  of  the  owner,  together  with 
all  the  improvements  on  the  same,  shall  be  exempted  from  forced  sale  under 

'Note. — Miss  Purdue  disagrees.  She  says  that  it  was  taken  from  the  Kentucky 
.statute.     She  is  ri^ht  in  saying  it  is  not  in  the  Kentucky  constitution. 


Stone:    Soirces  of  Constitution.  699 

any  process  of  law,  and  shall  not  be  alienated  without  the  joint  consent 
of  husband  and  wife  when  that  relation  exists;  but  no  property  shall  be 
exempt  from  sale  for  taxes,  or  for  the  pajTnent  of  obligations  contracted 
for  the  purchase  of  said  premises,  or  for  the  erection  of  improvements 
thereon.  Provided,  The  provisions  of  this  section  shall  not  apply  to  any 
process  of  law  obtained  by  virtue  of  a  lien  given  by  the  consent  of  both 
husband  and  wife." 

From  early  history  woman  has  been  little  better  than  a  chattel  and  even 
under  the  common  law  of  England  a  woman  upon  her  marriage  sur- 
rendered all  her  right  to  hold  personal  or  real  property  to  her  husband. 
Not  only  her  individuality  became  merged  in  her  husband,  but  he  enjoyed 
the  right  of  possession  and  disposition  of  her  property.  Her  goods  became 
liable  to  seizure  and  appropriation  by  his  creditors.  Through  the  profligacy 
or  ill-management  of  the  husband  a  woman  who  was  well-to-do  in  her  own 
right  before  her  marriage  might  be  reduced  to  poverty  after  her  marriage. 
Except  as  modified  or  repealed  by  the  constitution  or  statutes  the  common 
law  of  England  applied  to  most  of  the  states,  including  Kansas.  The  men 
of  the  Wyandotte  convention  determined  that  no  such  injustice  would  be 
fastened  upon  the  women  of  Kansas,  and  by  the  section  first  above  quoted 
they  restored  for  all  time  to  their  women  the  management  and  control 
of  their  own  property  so  far  as  law  can  give  it  to  them.  By  the  second 
provision  they  fixed  for  her  and  her  children  a  homestead  which  could  not 
be  \iolated  or  torn  from  her  and  them  by  the  malice,  ill-management  or 
misfortune  of  the  husband,  except  by  the  joint  consent  of  the  wife. 

Homestead  laws  are  an  American  institution,  unknown  in  other  lands. 
The  first  statutory  provision  exempting  the  home  from  execution  was  en- 
acted by  the  Republic  of  Texas  in  1839,  and  the  first  homestead  exemption 
placed  in  a  constitution  was  in  that  of  Texas  in  1845.  The  second  was  the 
constitutional  provision  adopted  by  Vermont  in  1849.  In  1859,  when  the 
Wyandotte  convention  assembled,  it  was  a  scarcely  recognized  political 
doctrine.  The  leading  advocate  for  a  constitutional  homestead  exemption 
was  Samuel  A.  Kingman.  Without  his  great  earnestness  and  logical 
argument  it  never  would  have  been  adopted  by  the  convention,  because 
other  men  strong  in  debate,  such  as  Thacher,  Ingalls  and  Stinson,  opposed 
it,  claiming  that  the  homestead  exemption  would  enable  men  to  avoid  their 
just  debts  and  would  injure  the  credit  of  the  state.  One  of  the  opponents 
said:  "I  would  rather  abolish  all  laws  for  the  collection  of  debts  than  that 
the  section  should  pass  in  its  present  shape,"  and  that  he  would  prefer  a 
$2,000  exemption  rather  than  a  homestead  exemption.  It  was  left  for 
Houston,  Griffith  and  Kingman  to  point  out  the  distinction  between  a 
homestead  and  an  exemption  law,  Kingman  saying: 

"The  object  of  a  homestead  law  is  very  unlike  that  of  an  exemption 
law.  And  I  think  the  amendment  proposed  is  calculated  to  defeat  the 
homestead  principle.  I  think  that  is  its  object.  It  is  within  the  recollec- 
tion of  many  when  it  was  the  settled  policy  of  many  of  the  States,  that 
the  land  should  not  be  subject  to  sale  for  the  payment  of  debts.  But  the 
commercial  interests  of  the  country  by  their  power  and  skill  produced  a 
change  which  has  subjected  the  farms  and  homes  of  the  people  to  be  sold 
under  execution,  and  so  nearly  converted  our  people  into  a  class  of  nomads. 
I  want,  if  possible,  to  restore  the  old  policy — to  change  back  again — so  that 
every  man  or  woman,  if  he  plants  a  tree  or  she  cultivates  a  rose — that  both 
may  beautify  and  adorn  their  homes  as  they  may  choose,  and  have  the 
benefit  of  the  protection  of  the  law.  But  if  we  put  it  in  the  power  of 
the  husband  or  the  fortunes  of  trade  to  convey  by  lien  or  mortgage,  the 
grasping  creditor  will  take  away  the  homestead.  I  want  to  separate  this 
subject   from   anything  like  the   consideration   of  an   exemption   law.     I 


700  Appendix  D-2. 

approach  this  as  a  great  measure  which  rises  above  all  considerations  of 
the  rights  of  debtor  and  creditor.  I  abhor  an  exemption  law.  This  is  not 
of  the  same  nature.  This  is  to  go  forth,  the  promulgation  of  a  great  prin- 
ciple, that  shall  encourage  the  cultivation  of  the  soil.  The  case  was  well 
illustrated  by  the  gentleman  from  Riley  (Mr.  Houston) ;  and  though  it 
would  be  impossible  for  me  to  emulate  the  flights  of  his  fancy  and  the 
boldness  and  strength  of  his  doctri^ie,  I  am  not  therefore  restricted  as  to 
ray  full  share  of  feeling  and  anxiety  for  the  success  of  this  most  important 
measure." 

That  was  a  novel  doctrine  then,  but  since  that  time  every  state  in  the 
Union,  except,  we  believe,  Delaware,  Indiana,  Maryland,  Pennsylvania  and 
Rhode  Island,  has,  by  constitutional  or  statutory  provision,  recognized  its 
.soundness.  It  fosters  the  family  as  the  primal  factor  of  society  and  thiis 
promotes  general  welfare.  To  protect  the  home  is  to  preserve  the  family 
from  disintegration.  To  dignify  the  wife  is  to  develop  citizenry.  If  the 
homes  are  permanent  in  character  the  conomunity  will  build  schools, 
churches,  libraries.  The  spirit  of  free  citizenship  and  patriotism  will  thrive, 
and  the  state  will  be  healthy  and  prosperous.  The  Kansas  courts  have 
given  liberal  construction  to  the  constitutional  provision.  Early  in  the 
history  of  the  state,  while  Kingman  was  chief  justice,  the  court  declared 
that  the  wife's  interest  in  a  homestead  under  this  provision  was  not  an 
inchoate  and  expectant  thing,  a  mere  veto  upon  the  right  of  the  husband 
to  alienate  the  estate,  but  that  it  was  a  real  existing  estate  under  which  the 
occupation  and  enjoyment  thereof  is  secure  to  her  against  any  act  of  her 
husband  or  creditors  without  her  consent.  If  her  husband  abandon  her 
the  use  of  the  homestead  remains  to  her  and  the  family.  It  is  not  like 
(lower  depending  on  uncertain  events,  but  fixed  and  certain  without  need 
of  any  statutory  enactment.  In  later  years  the  same  court  has  declared 
that  the  right  belongs  to  the  wife  alone,  independent  of  any  children.  The 
great  bereavement  of  her  husband's  death  would  not  admit  the  gaunt  grey 
wolf  of  debt  to  ravage  the  home  and  turn  into  mockery  the  constitutional 
provision  prepared  against  the  days  of  her  adversity.  On  the  contrary, 
she  continues  in  the  enjoyment  of  precisely  the  same  right  of  immunity 
from  the  loss  of  her  hearthstone  by  suit  of  her  husband's  creditors  as 
before  his  death.  And  so  the  widow  is  protected  as  well  as  the  wife. 
But  the  court  has  gone  farther  still  and  now  holds  that  while  the  right 
of  exemption  cannot  originate  without  the  existence  of  a  family  consisting 
of  more  than  one  person,  when  the  homestead  character  has  once  attached 
;md  the  head  of  the  family  remains  in  continuous  occupation  of  the  prop- 
erty, though  all  others  may  die  or  forsake  him,  it  is  still  occupied  as  a 
residence  by  a  constituent  part  of  the  family  and  he  may  hold  it  sacred 
from  invasion  for  his  sole  use  and  occupation. 

By  these  provisions  the  wife  and  mother  becomes  a  proprietor  in  her 
own  right,  part  owner  of  her  home  and  queen  of  her  domain.  The  hus- 
band and  father  has  a  castle  safe  from  invasion  where  he  may  retreat 
in  time  of  storm  or  adversity.  Failure  cannot  affect  it,  disaster  cannot 
destroy  it.  Friends  may  desert  him,  but  his  enemies  cannot  reach  him. 
He  and  his  family  are  secure.  For  the  present  and  for  the  future  the 
permanency  of  the  home  is  established.  His  place  in  the  community  is 
fixed  and  his  interests  in  the  state  are  anchored  and  strengthened. 

No  marlile  column  or  granite  shaft  could  be  so  fine  a  tribute  to  the 
memory  of  the  men  of  the  Wyandotte  convention  as  the  married  women 
.md  the  homestead  exemption  provisions  of  the  constitution.  These  two 
(tlauses  make  every  happy  family  and  peaceful  home  in  Kansas  a  monu- 
ment to  their  memory.  Succeeding  generations  of  Kansans  will  hold  them 
in  grateful  A'eneration. 


APPENDIX  E. 


THE  REJECTED  CONSTITUTIONS. 

(An  address  delivered  by  Hon.  T.  Dwight  Thacher  at  the  Quarter-Centennial  Cele- 
bration of  the  admission  of  the  State  of  Kansas  into  the  Union,  held  at  Topeka,  January 
29,  1886.  The  address  was  published  by  the  Kansas  Historical  Society  in  Vol.  3  of  the 
Kansas  Historical  Collections  at  pages  436  to  448.  By  the  permission  of  the  Society,  it  is 
reproduced  here  as  a  fitting  fore-word  to  the  history  of  the  development  of  our  Constitu- 
tion.) 

The  constitutions  of  Kansas  were  an  outgrowth  of  the  struggle  between 
Freedom  and  Slavery  for  the  control  of  the  inchoate  commonwealth. 
Their  genesis  was  altogether  political;  they  were  citadels  around  which 
the  storm  of  battle  surged,  and  were  occupied  or  abandoned,  as  the  vary- 
ing fortunes  of  the  great  contest  demanded.  No  study  of  these  constitu- 
tions, or  indeed  of  the  history  of  Kansas  generally,  can  be  successful,  or  do 
the  shghtest  justice  to  the  subject,  which  does  not  recognize  in  the  be- 
ginning, and  at  every  step  of  the  discussion,  the  great  controlling  fact  that 
the  master  motive  of  the  whole  business  was  the  determination  on  the  one 
side  to  make  Kansas  a  slave  state,  and  on  the  other  a  free  state.  Any 
other  view  degrades  the  subject,  and  in  effect  falsifies  its  history. 

The  overthrow  of  popular  sovereignty  in  the  Territory  by  the  Missouri 
invasion  of  March  30,  1855,  left  to  the  people  two  courses  to  take:  either 
to  condone  the  immeasurable  outrage  by  acquiescing  in  the  result  and  con- 
ceding the  vahdity  of  the  bogus  Territorial  Legislature,  or  to  indignantly 
repudiate  the  whole  thing.  Fortunately  the  people  chose  the  latter  course. 
It  would  have  been  a  sorry  day  for  Republican  institutions  could  any 
considerable  number  of  the  American  people  have  been  found  ready  to 
yield  their  local  sovereignty  to  insolent  invasion  and  overmastering  force 
without  protest  and  resistance,  and  the  most  efficient  measures  to  regain 
their  lost  rights.  To  have  conceded  the  validity  of  the  Missouri-elected 
Legislature  would  have  been  to  confirm  the  robber  in  the  possession  of 
his  booty,  and  to  admit  that  the  pirate  was  the  rightful  owner  of  the  ship 
he  had  captured.  Acquiescence  would  have  been  surrender  in  advance,  the 
giving  up  a  campaign  because  the  enemy  had  captured  an  outpost.  This 
feehng  found  expression  in  the  following  extracts  from  a  series  of  resolu- 
tions adopted  by  the  first  Free-State  convention  at  Big  Springs,  and 
written  by  Governor  Reeder: 

"Resolved,  That  the  body  of  men  who  for  the  past  two  months  have 
been  making  laws  for  the  people  of  our  Territory,  moved,  counseled  and 
dictated  to  by  the  demagogues  of  Missouri,  are  to  us  a  foreign  body, 
representing  only  the  lawless  invaders  who  elected  them,  and  not  the 
people  of  the  Territory;  .  .  .  that  we  owe  no  allegiance  or  obedience 
to  the  tyrannical  enactments  of  this  spurious  Legislature;  .  .  .  that 
we  will  resist  them  primarily  by  every  peaceable  and  legal  means  in  our 
power,  and  will  resist  them  to  a  bloody  issue  as  soon  as  we  ascertain  that 
peaceable  remedies  shall  fail  and  forcible  resistance  shall  furnish  anj' 
reasonable  prospect  of  success." 

But  there  were  grave  practical  difficulties  in  the  way  of  carrying  out 
the  policy  of  repudiating  the  bogus  legislature.  Infamous  as  was  its 
origin,  it  was  still  recognized  as  valid  by  the  government  at  Washington. 
It  was  de  facto  exercising  the  powers  and  functions  of  a  legislature.  The 
necessities  of  a  civil  government  of  some  sort  were  imminent  and  increas- 

(701) 


702  Appendix  E. 

ing  daily,  and  unless  some  more  positive  policy  than  that  of  mere  nega- 
tion were  adopted,  there  was  great  danger  that  the  people  would  finally 
succumb  from  the  very  inertia  of  the  situation,  and  accept  the  Pro-Slavery 
government  on  the  theory  that  any  government  is  better  than  none.  The 
leaders  of  the  Free-State  people  saw  this  danger,  and  at  once  inaugurated 
the  movement  for  a  Constitutional  convention.  Undoubtedly  this  scheme 
originated  in  the  fertile  and  sagacious  brain  of  Charles  Robinson,  who  at 
that  time  was  by  common  consent  the  chief  leader  of  the  Free-State  party. 
He  had  but  recently  returned  from  California,  where  an  independent  con- 
stitutional movement,  without  the  sanction  of  an  enabling  act  of  Congress, 
had  been  successfully  carried  through  to  the  admission  of  the  State.  He 
was  firm  and  enthusiastic  in  the  conviction  that  an  independent  move- 
ment in  Kansas  would  meet  with  similar  success.  The  situation  at  Wash- 
ington was  not  without  encouragement.  The  political  revolution  of  1854 
had  sent  to  the  lower  house  of  Congress  a  majority  of  "Anti-Nebraska" 
members  thoroughly  arrayed  against  the  Pierce  administration. 

They  would  undoubtedly  give  to  a  Free-State  constitution  from  Kansas 
a  hearty  reception.  There  were  those,  too,  who  indulged  in  the  delusive 
hope  that  there  still  liniered  in  the  bosom  of  the  Northern  Democracy 
sense  enough  to  make  them  welcome  any  measure  that  promised  an  hon- 
orable and  safe  exit  from  the  political  quagmire  into  which  they  had  been 
plunged  by  the  fateful  and  ill-starred  repeal  of  the  Missouri  compromise. 
The  movement  had  in  it,  therefore,  sufficient  probabiUties  of  success  to 
make  it  much  more  than  a  forlorn  hope  in  the  struggle.  And  it  was  at 
once  adopted  with  great  unanimity  for  the  Free-State  party. 

TOPEKA  CONSTITUTION. 

A  convention  was  called  to  meet  at  Topeka  on  the  19th  of  September, 
1855,  to  take  measures  to  form  a  state  constitution.  At  this  convention  an 
election  was  ordered  to  be  held  on  the  9th  of  October  following,  for  the 
choice  of  delegates  to  a  constitutional  convention.  At  the  election  forty- 
seven  members  were  chosen,  and  the  number  of  votes  cast  was  2,710. 

The  convention  met  at  Topeka,  October  23.  The  list  of  members  in- 
cluded many  of  the  prominent  Free-State  men  in  the  Territory:  Robinson, 
Lane,  Conway,  Parrott,  C.  K.  HoUiday,  W.  Y.  Roberts,  G.  W.  Smith, 
Judge  Schuyler,  Judge  Wakefield,  J.  S.  Emery,  J.  K.  Coodin  and  others; 
while  among  the  clerks,  reporters,  etc.,  were  Redpath,  Phillips,  the  two 
Speers,  C.  A.  Foster,  and  S.  F.  Tappan,  all  of  whom  were  then  or  after- 
ward more  or  less  prominent  in  Kansas  affairs.  James  H.  Lane  was  chosen 
President  of  the  Convention,  his  opponents  being  W.  Y.  Roberts  and  J.  A. 
Wakefield.  Lane  had  made  his  appearance  in  Kansas  only  a  few  months 
before,  but  had  already  gone  to  the  front  as  a  Free-State  leader.  He  had 
at  first  endeavored  to  organize  a  National  Democratic  party  in  the  Terri- 
tory, but,  speedily  recognizing  that  there  was  but  the  single  issue  of  free- 
dom or  slavery  involved  in  Kansas  politics,  accepted  the  logic  of  the  situa- 
tion, heartily  embraced  the  Free-State  cause,  and  never  to  the  end  of  the 
struggle  failed  in  his  devotion  to  it.  By  the  11th  of  November  the  con- 
vention had  finished  its  labors  and  submitted  a  constitution  to  the  people, 
to  be  voted  upon  December  15  following.  There  was  nothing  remarkable 
about  the  constitution  which  they  had  framed.  It  followed  in  its  main 
provisions  the  precedents  of  other  State  constitutions  at  that  time.  The 
boundaries  of  the  State  as  defined  in  it  were  those  of  the  Territory,  the 
western  limit  being  the  eastern  boundary  of  the  Territory  of  Utah.  The 
bill  of  rights  simply  provided  that  there  should  be  no  slavery  nor  involun- 
tary servitude  in  the  State,  except  as  a  punishment  for  crime.    The  elec- 


Thachek:    Rejected  Constitutions.  703 

tive  franchise  was  confined  to  white  males,  and  civihzed  Indians  who  had 
adopted  the  habits  of  white  men.  A  motion  was  made  in  the  convention 
to  strike  out  the  word  "white,"  but  it  received  only  seven  votes.  The 
times  were  not  yet  ripe  for  so  great  a  forward  step,  but  the  educating 
process  had  begun.  The  names  of  the  seven  men  who  thus  anticipated 
the  final  fruits  of  a  great  movement,  and  had  even  then  reached  a  moral 
and  political  attitude  which  the  country  at  large  was  to  reach  only  after 
a  great  war  and  the  destruction  of  slavery,  were  Charles  Robinson,  R.  H. 
Crosby,  G.  S.  Hillyer,  Amory  Hunting,  0.  C.  Brown,  Richard  Knight,  and 
Philip  C.  Schuyler. 

Another  subject  which  caused  some  discussion,  was  the  question  of  ex- 
cluding free  negroes  from  the  State.  This  was  finally  settled  by  its  sub- 
mission to  the  people  with  the  constitution  as  a  separate  question.  Later- 
day  critics  have  professed  to  find  in  this  action  cause  for  animadversion. 
It  is  easy  after  a  lapse  of  thirty  years — after  the  abolition  of  slavery  and 
the  enfrancliisement  of  the  negro — to  find  fault  with  our  pioneer  pohticians 
and  statesmen  for  not  acting  up  to  a  higher  standard.  But  it  is  well  to 
remember  that  at  the  time  we  are  speaking  of,  the  negro  was  not  only  en- 
slaved at  the  South,  but  ostracised  over  the  greater  part  of  the  North. 

Less  than  three  years  before,  Anthony  Burns  had  been  dragged  back  to 
bondage  from  the  shadow  of  Bunker  Hill  monument,  and  within  sight  of 
Faneuil  Hall,  and  Boston  had  to  submit  to  the  outrage.  Fugitive  slaves 
were  hunted  with  comparative  impunity  all  over  the  North;  free  negroes 
at  that  time,  and  for  ten  years  thereafter,  were  not  allowed  to  ride  with 
white  people  in  the  street  cars  in  New  York  and  Philadelphia,  while  nearly 
every  Western  state  had  laws  excluding  them  from  settlement  within  their 
bounds.  The  National  Republican  party  had  not  j^et  been  organized;  the 
great  religious  bodies  of  the  country  were  still  wrangling  over  the  question 
whether  slavery  were  'per  se  a  sin  or  not,  while  the  American  Tract  So- 
ciety was  carefully  emasculating  its  publications  lest  they  should  give 
offense  to  Southern  Slaveholders.  It  was  hardly  to  be  expected,  therefore, 
that  the  handful  of  pioneers  of  the  first  year's  settlement  in  Kansas — re- 
cruited largely  from  the  western  states — should  at  the  first  bound  vault  to 
the  moral  leadership  of  the  whole  country.  Upon  the  vital,  practical  ques- 
tion of  the  hour,  namely  the  making  of  Kansas  a  free  statej  they  were 
eminently  sound,  and  we  can  afford  to  look  with  leniency  upon  their  com- 
parative shortcomings,  and  their  failure  at  the  first  glance  to  perceive  the 
full  bearings,  moral  and  poUtical.  of  the  great  contest  on  which  they  had 
entered.  Especially  is  this  so  in  view  of  their  subsequent  growth  in  grace, 
which  was  so  rapid  and  radical  that  in  less  than  three  years  thereafter  they 
framed  a  constitution  without  the  word  "white"  in  it. 

The  Topeka  Constitution  was  voted  upon  and  adopted  by  the  people 
December  15,  1855,  and  State  officers  under  it  were  elected  January  15, 
1856.  The  legislature  met  March  4,  organized,  listened  to  an  able  message 
from  Charles  Robinson,  the  Governor-elect,  elected  James  H.  Lane  and 
Andrew  H.  Reeder  United  States  Senators,  meinorin'ized  Consress  for  ad- 
mission to  the  Union,  and  adjourned  till  July  4.  The  movement  had  al- 
ready attracted  wide  attention,  and  the  slave  power  was  alarmed  at  it. 
Although  every  step  had  as  yet  been  merely  formal,  and  the  necessitv  of 
admission  to  the  Union  by  Congress,  to  give  vital  power  to  the  Constitu- 
tion and  State  Government,  had  been  continually  recognized  and  avowed, 
President  Pierce,  in  a  special  message  to  Congress,  January  24,  sticma- 
tized  the  movement  as  revolutionary  and  rebellious,  and  the  Atchison 
Squatter  Sovereign  expressed  the  cheerful  comnction  that  the  only  way  to 


704  Appendix  E. 

correct  the  troubles  that  existed,  was  ''to  hang  up  to  the  nearest  tree  the 
very  last  traitor  who  had  participated  in  the  Topeka  convention." 

Notwithstanding  all  this,  the  constitution  was  sent  to  Congress,  and 
presented  to  the  Senate  by  Lewis  Cass,  of  Michigan,  and  to  the  House  of 
Representatives  by  Daniel  Mace,  of  Indiana.  Meanwhile  the  Pro-Slaverj' 
courts  of  the  Territory  began  their  infamous  work  of  vexation  and  oppres- 
sion, by  finding  indictments  for  treason  against  the  prominent  supporters 
of  the  constitution.  June  17th  the  first  National  Repubhcan  convention 
was  held  in  Philadelphia,  and  in  its  trumpet-toned  resolutions  declared  that 
"Kansas  should  be  immediately  admitted  as  a  State  of  the  Union,  with  her 
present  free  constitution,  as  at  once  the  most  effectual  way  of  securing  to 
her  citizens  the  enjoyment  of  the  rights  and  privileges  to  which  they  are 
entitled,  and  of  ending  the  civil  strife  now  raging  in  that  Territory  "  On 
the  25th  of  June  Galusha  A.  Grow  introduced  a  bill  in  the  House  of  Rep- 
resentatives for  the  admission  of  Kansas,  and  the  3d  of  July  the  House 
passed  it  by  a  vote  of  99  to  97.  The  next  day — July  4th — Colonel  Sumner, 
under  special  orders  from  President  Pierce,  with  a  force  of  United  States 
dragoons,  dispersed  the  Free-State  Legislature  at  Topeka ;  an  act  of  eternal 
infamy  to  all  who  participated  in  it.  On  the  Sth  of  Jul}7  Senator  Stephen 
A.  Douglas  reported  a  substitute  for  the  House  bill  admitting  Kansas  into 
the  Union.  It  authorized  the  people  to  frame  a  new  constitution.  Doug- 
las's substitute  passed  the  Senate  the  same  day  by  a  vote  of  30  to  13,  and 
thus  the  Topeka  Constitution  was  rejected  by  Congress. 

The  movement,  however,  was  not  abandoned  by  the  people  of  Kansas. 
Their  eyes  were  now  turned  with  the  intensest  aiixiety  to  the  great  presi- 
dential campaign  which  was  convulsing  the  country,  and  in  which  the 
freedom  of  Kansas  was  the  overshadowing  issue. ,  From  ten  thousand  plat- 
forms, and  by  twice  ten  thousand  speakers  and  writers,  all  over  the  land, 
the  Kansas  question  was  now  being  discussed.  The  tide  of  immigration 
from  the  free  states  was  already  rising.  The  slave  power  blockaded  the 
Missouri  river,  but  the  living  stream  of  freemen  hastening  to  the  relief 
of  their  beleaguered  brethren  west  of  the  great  stream,  flowed  aroimd  the 
state  of  Missouri  to  the  north,  through  Iowa  and  Nebraska,  and  spread 
out  upon  the  plains  and  valleys  of  Kansas.  The  mighty  North  was 
already  beginning  to  pour  forth  from  her  populous  loins,  not  a  horde  of 
robbers  and  vandals  to  ravage  and  destroy  some  Italy  of  civilization,  but 
a  host  of  intelHgent  freemen  bound  to  rescue  the  garden-spot  of  the 
American  continent  from  the  blasting  and  withering  curse  of  human 
bondage. 

It  was  already  begmning  to  be  perceived  by  those  who  had  eyes  to  see, 
that  a  greater  power  than  that  of  presidents  and  Congresses  was  about 
to  intervene  in  the  strife,  and  that  go  as  the  Presidential  election  might, 
the  destiny  of  Kansas  was  virtually  fixed.  The  special  movement  which 
had  taken  form  in  the  Topeka  Constitution  and  State  Government  might 
run  its  course  and  give  place  to  something  else,  but  the  great  end  for 
which  that  movement  had  been  inaugurated — the  freedom  of  Kansas — 
would  be  achieved.  And  so  it  proved.  The  friends  of  free  Kansas  were 
defeated  in  the  presidential  election  of  1856,  and  one  of  the  most  heartless, 
cold-blooded  and  treacherous  of  their  enemies  was  elected  president;  but 
the  people  of  the  North  had  been  so  thoroughly  aroused  and  informed  by 
the  campaign,  that  an  emigration  to  Kansas  of  phenomenal  proportions  at 
once  ensued.  The  Legislature  under  the  Topeka  Constitution  met  in 
January,  1857,  memorialized  Congress  for  the  admission  of  the  State,  and 
took  a  recess  to  the  second  Tuesday  in  June.  On  the  9th  of  June  it  again 
met,  and  remained  in  session  until  June  13th.    At  this  meeting  Governor 


Thacher:    Rejected  Constitutions.  705 

Robinson  read  an  elaborate  message,  and  laws  were  passed  for  takins; 
a  census  and  apportioning  the  State;  for  a  State  election  in  August  to  fill 
vacancies;  locating  the  Capital  at  Topeka;  establishing  the  State  Univer- 
sity at  Lawrence;  and  a  joint  resolution  was  passed  asking  Congress  to 
admit  the  State  under  the  Topeka  Constitution.  This  meeting  was  held 
without  molestation  from  any  source.  At  the  special  election  in  August  for 
filling  vacancies,  the  constitution  itself  was  again  submitted  to  a  popular 
vote,  and  received  7,257  votes  to  34  against  it.  In  October,  1857,  the 
people  for  the  first  time  obtained  possession  of  the  Territorial  Legislature. 
As  Reeder  and  Geary  had  done  before  them,  Walker  and  Stanton  now 
found  themselves  obliged  by  the  enormities  of  the  Pro-Slavery  conspira- 
tors to  side  with  the  people.  Their  fidelity  to  justice  was  rewarded  by 
dismissal  from  office;  but  the  jieople  could  not  be  dislodged  from  the 
"coign  of  vantage"  which  the  honorable  conduct  of  these  officers  had 
enabled  them  to  occupy.  Their  grasp  upon  the  Territorial  government 
was  not  to  be  loosened.  January^  5,  1858,  the  Legislature  under  the  To- 
peka Constitution  met  at  Topeka,  organized,  and  listened  to  a  message 
from  Governor  Robinson,  in  which  he  urged  the  keeping  up  of  the  State 
organization.  On  the  7th  the  Legislature  adjourned  to  Lawrence,  where 
the  Territorial  Legislature  was  then  in  session.  There  was  a  proposition 
at  this  time  for  the  Territorial  Legislature  to  abdicate  and  allow  the  State 
Government  under  the  Topeka  Constitution  to  go  into  actual  operation, 
but  in  view  of  the  hostile  attitude  of  the  Government  at  AVashington,  and 
the  manifest  risk  of  losing  what  had  already  been  gained,  the  Territorial 
Legislature  declined  to  enter  upon  the  experiment,  and  the  project  was 
abandoned.  The  State  Legislature  soon  adjourned.  This  was  the  end  of 
the  Topeka  movement. 

If  the  question  be  asked  what  useful  purpose  the  Topeka  constitutional 
movement  subser^•ed,  the  obvious  answer  is  that  it  served  as  a  nucleus,  the 
ralhdng  point,  the  bond  of  union  of  the  Free-State  party  during  the  most 
tPidng  and  dangerous  period  of  our  Territorial  history.  Without  it  the 
Free-State  forces  must  have  drifted,  been  demoralized,  and  probably 
beaten.  The  prospects  of  success  were  sufficiently  flattering  to  supplement 
devotion  to  the  Free-State  cause  with  the  personal  ambition  of  a  large 
number  of  able  men  who  would  be  called  to  official  position  under  it. 
Lane  and  Reeder  would  be  United  States  senators;  M.  W.  Delahay, 
member  of  Congress;  Robinson.  Governor;  W.  Y.  Roberts,  Lieutenant 
Governor;  P.  C.  Schuyler,  Secretary  of  State;  J.  A.  Wakefield,  Treasurer; 
M.  F.  Conway,  S.  N.  Latta  and  Morris  Hunt.  Judges  of  the  Supreme 
Court;  H.  Miles  Moore.  Attorney  General;  G.  A.  Cutler.  Auditor;  John 
Speer,  State  Printer;  S.  B.  Floyd.  Clerk  of  the  Supreme  Court,  and  E.  M. 
Thurston,  Reporter  of  the  Supreme  Court.  Among  the  members  and  offi- 
cers of  the  Legislature  were  such  active  and  influential  men  as  Henry  J. 
Adams,  J.  B.  Abbott,  James  Bloody  John  Hutchinson,  Columbus  Hornsby, 
M.  C.  Dickey,  J.  M.  Arthur}  H.  H.  Williams,  John  Brown,  jr.,  Abram 
Barry,  Thomas  J.  Addis,  A.  Jamieson,  Wm.  Crosby,  Adam  Fisher,  Asaph 
Allen.  J.  F.  Cummings,  T.  A.  Minard,  Joel  K.  Goodin,  Samuel  F.  Tappan, 
and  C.  H.  Lovejoy. 

These  were  the  strong  men  of  the  Territory,  representing  every  shade 
and  phase  of  the  Free-State  sentiment,  and  capable  of  carrjdng  the  people 
with  practical  unanimity.  During  the  memorable  campaign  of  1856  many 
of  them  championed  the  cause  of  free  Kansas  upon  the  stump  in  the 
Northern  States,  and  did  much  to  arouse  public  sentiment,  and  to  send 
men  and  money  to  aid  their  brethren  in  the  Territory  during  the  fearful 

^NOTE. — Messrs.  Blood  and  Arthur  were  both  members  of  the  Wyandotte  Convention. 
45 — 778 


706  Appendix  E. 

trials  of  that  eventful  year.  Preeminent  among  these  were  Governor 
Reeder  and  General  Lane.  Each  of  them  had  been  reared  in  the  Demo- 
cratic party,  and  had  risen  to  eminence  in  its  councils.  Each  had  gone 
to  Kansas  a  Democrat,  and  had  been  forced  by  the  infamies  and  out- 
rages of  the  slave  power  to  espouse  the  cause  of  the  people  against  their 
oppressors.  Governor  Reeder  had  a  very  wide  and  favorable  acquaintance 
in  Democratic  circles,  and  his  speeches  and  letters  produced  a  profound 
impression  upon  the  country.  Lane  was  in  his  element — a  grand  and 
glorious  cause  to  champion;  wrongs  and  outrages  to  expose  and  denounce; 
a  suffering  and  down-trodden  people  to  vindicate;  the  threatening,  bully- 
ing, murdering  slave  power  to  anathematize  and  execrate.  With  such 
themes  as  these  to  talk  about,  and  listening  thousands  hanging  on  his  lips 
and  cheering  his  words.  Lane  was  one  of  the  most  magnetic,  dramatic, 
imposing,  rousing  and  crowd-swaying  orators  that  this  country  has  ever 
produced. 

The  year  1856  was  the  critical  year  for  Kansas.  During  its  trying 
months  the  slave  power,  wielding  the  force  of  the  United  States  govern- 
ment, was  most  rampant,  prescriptive  and  murderous.  Had  not  the 
friends  of  freedom,  both  in  Kansas  and  out  of  it-,  put  forth  the  most  active 
and  sagacious  efforts,  the  cause  would  have  been  lost.  That  critical  period 
past,  the  magnificent  inflowing  wave  of  immigration  of  1857  made  the 
preponderance  of  numbers  on  the  Free-State  side  so  great  that  the  era  of 
violence  and  bloodshed — except  in  a  few  sporadic  cases — closed. 

The  Topeka  constitutional  movement  held  the  people  together  through 
a  stormy  and  trying  period.  When  the  occasion  of  its  usefulness  had 
passed,  they  turned  to  other  plans  suggested  by  the  changing  phases  of  the 
contest.  In  the  eloquent  words  of  a  historical  writer,  who,  though  a 
stranger  to  Kansas,  has  correctly  appreciated  the  spirit  of  her  people,  "It 
had  for  three  years  been  the  shrine  at  which  the  whole  Free-State  party 
had  worshipped,  and  the  citadel  of  liberty  that  had  never  been  surrendered 
to  the  foe.  No  truer  nor  braver  band  of  freemen  ever  fought  the  des- 
perate fight  for  freedom  against  such  appalling  odds  as  did  those  who  de- 
fended it.  Their  names  will  go  down  the  ages  in  imperishable  renown 
as  the  unconquerable  defenders  of  free  institutions,  under  the  aegis  of  the 
Topeka  Constitution," 

THE    LEAVENWORTH    CONSTITUTION. 

4 

The  Leavenworth  constitutional  movement  originated  with  the  first 
Free-State  Legislature,  elected  in  October,  1857.  There  had  been  no 
general  demand  for  it  on  the  part  of  the  people,  although  the  hostile  atti- 
tude of  both  b'ranches  of  Congress  made  the  acceptance  of  the  Topeka 
Constitution  hopeless.  Indeed,  with  the  seizure  of  the  Territorial  Legis- 
lature by  the  Free-State  party,  it  was  generally  felt  that  the  Tppeka  con- 
stitutional movement  had  run  its  course,  a  feeling  which  found  expression 
in  the  refusal,  we  have  just  noted,  of  the  Territorial  Legislature  to  abdi- 
cate in  favor  of  the  Topeka  State  government.  Probably  a  large  majority 
of  the  people,  could  they  have  been  assured  of  ])eace  and  quiet,  would  have 
been  quito  content  to  live  under  the  Territorial  form  of  government  for 
an  indefinite  period,  at  least  until  the  growth  of  the  community  in  popula- 
tion and  wealth  had  made  it  better  able  to  sustain  the  burdens  of  a  State 
government.  But  events  moved  rapidly  and  ominously  in  those  days. 
The  session  of  the  Territorial  Legislature  would  expire  by  limitation  on 
the  12th  day  of  February,  1858.  Ten  days  before  that  date  President 
Buchanan  sent  the  Lecompton  Constitution  to  Congress  with  a  special 
message  urging  its  acceptance.     In  that  message  he  bitterly  maligned  the 


Thacher:    Rejected  Constitutions.  707 

Free-State  people,  and  announced  the  monstrous  proposition  that,  by  virtue 
of  the  United  States  Constitution,  Kansas  was  at  that  moment  as  much 
a  slave  state  as  South  Carolina  or  Georgia.  The  acceptance  of  that  con- 
stitution seemed  imminent  in  both  houses  of  Congress.  This  was  the  situa- 
tion February  2. 

It  was  grave  enough  to  excite  the  most  serious  apprehensions  of  the 
Legislature.  The  admission  of  the  State  under  the  Lecompton  Constitu- 
tion would  undoubtedly  lead  to  the  most  disastrous  consequences.  The 
temper  of  the  people  was  such  that  they  would  not  tolerate  the  existence 
of  any  State  government  under  that  constitution.  This  would  lead  to 
Federal  interference  and  probably  open  war.  Under  these  circumstances 
the  Free-State  people  would  be  at  a  great  disadvantage  without  a  State 
organization.  The  most  speedy  method  of  improving  the  situation  seemed 
to  be  to  at  once  call  a  new  convention,  frame  a  constitution,  elect  officers 
under  it,  and  have  a  State  organization  around  which  to  rally. 

Accordingly  an  act  was  passed  three  days  before  the  expiration  of  the 
session,  providing  for  the  election  of  delegates  to  a  constitutional  conven- 
tion. The  election  was  to  be  held  March  9,  and  the  convention  to  as- 
semble March  23  at  Minneola^  the  newly-established  capital  of  the  Terri- 
tory. Governor  Denver,  whose  sympathies  were  not  with  the  Free-State 
people  or  cause,  attempted  to  thwart  the  movement  by  the  pretense,  or 
claim,  that  the  bill  had  not  been  properly  passed;  but  the  people  of  Kan- 
sas in  those  days  paid  but  little  attention  to  the  opinions  of  Federal  gov- 
ernors against  any  action  they  had  determined  on,  and  went  ahead  with 
the  movement  uninfluenced  by  Denver's  opposition.  The  election  was 
held  March  9;  the  convention  assembled  at  Minneola  March  23,  adjourned 
to  Leavenworth  March  24,  reconvened  at  Leavenworth  March  25,  framed 
a  constitution,  finished  its  labors  and  adjourned  April  3.  A  State  conven- 
tion to  nominate  officers  under  the  constitution  was  held  at  Topeka  April 
28,  and  the  constitution  was  adopted  and  officers  elected  under  it  May  18. 
Before  this  latter  date,  however,  the  great  contest  in  Congress  over  the 
admission  of  the  State  under  the  Lecompton  Constitution,  had  come  to 
an  end  by  the  passage  of  the  English  bill,  which  referred  that  constitution 
back  to  the  people  of  Kansas  to  be  voted  upon  the  next  August,  and  pro- 
vided that  if  the  vote  should  be  against  the  constitution,  delegates  to  a  new 
convention  should  not  be  chosen  until  the  Territory  had  a  population  equal 
to  the  ratio  of  a  representative  in  Congress,  or  94,560.  Thus  the  great 
crisis  had  passed  and  further  prosecution  of  the  Leavenworth  movement 
was  unnecessary  and  soon  abandoned.  It  had  come  into  being  suddenly, 
as  a  strategic  necessity  in  the  great  fight  which  the  Free-State  people  were 
waging,  and  when  the  occasion  for  it  had  passed,  it,  too,  passed  away. 

THE    LECOMPTON    CONSTITUTION. 

The  Lecompton  Constitution  has  an  immortality  of  infamy.  It  was  the 
child  of  fraud,  and  finally  died  smitten  by  the  mailed  hands  of  an  indig- 
nant and  outraged  people.  It  is  remembered  just  as  any  other  great  crime 
against  humanity  lives  in  the  execrating  remembrance  of  mankind.  From 
first  to  last  the  movement  was  tainted  with  fraud.  It  began  in  the  old 
bogus,  Missouri-elected  Legislature  of  1S55,  which  professed  to  submit  the 
question  of  calling  a  convention  to  an  election  to  be  held  in  October,  1856. 
No  Free-State  men  voted  at  that  election.  The  bogus  Legislature  at  its 
second  session,  begun  in  January,  1S57,  passed  an  act  providing  for  the 
taking  of  a  census  and  the  election  of  delegates  to  frame  a  constitution. 
The  delegates  were  to  assemble  in  Lecompton  the  first  Monday  in  Septem- 


708  Appendix  E. 

ber,  1857.  The  law  was  cunningly  framed  to  exclude  the  spring  immigra- 
tion from  voting,  as  no  person  could  vote  who  arrived  later  than  the  15th 
of  March.  All  the  preliminary  proceechngs  were  placed  in  the  hands  of 
Pro-Slavery  officials,  and  no  provision  was  made  for  submitting  the  con- 
stitution to  a  vote  of  the  people.  Governor  Geary  protested  against  these 
provisions,  and  especially  demanded  the  subirdssion  of  the  constitution. 
The  leaders  refused,  and  said  that  to  submit  it  "would  defeat  the  only 
object  of  the  act,  which  was  to  secure,  beyond  any  possibility  of  failure, 
the  Territory  of  Kansas  to  the  South  as  a  slave  State."  Geary  then  vetoed 
the  bill,  ancl  the  Legislature  promptly  passed  it  over  his  veto.  The  pre- 
tended census  of  voters  and  of  population,  upon  which  the  apportionment 
of  delegates  was  to  be  made,  was  completed  during  the  month  of  April. 
In  nineteen  of  the  thirty-four  counties  of  the  Territory,  no  census  what- 
ever was  taken.  From  every  county  bordering  on  Missouri,  and  from 
every  Pro-Slavery  county,  returns  were  made.  The  disfranchised  counties 
were  mainly  occupied  by  Free-State  settlers.  The  object  of  this  partial 
and  unfair  census  was  apjiarent.  It  was  to  put  the  convention  beyond  a 
peradventure  in  the  hands  of  the  Pro-Slavery  men. 

A  recent  writer  on  Kansas  affairs  has  endeavored  to  shoulder  a  portion 
of  the  odium  of  this  infamous  census  upon  the  Free-State  party.  After 
stating  that  "apportionment  of  delegates  depended  on  population,  but 
nobody  could  vote  whose  name  did  not  a]ipear  on  the  registry  lists;  and 
that  in  only  sixteen  of  the  thirty-four  organized  counties  was  there  any 
registration,"  he  adds:  "For  this  condition  of  things  the  Pro-Slavery  party 
was  not  wholly  responsible.  Free-State  men  perplexed  the  enumeration 
by  embarrassments  of  omission  and  commission,  and  were  not  ill-pleased  at 
the  starved  and  skeleton  returns."  It  is  difficult  to  see  why  the  Free-State 
men  should  be  held  responsible  for  something  with  which  they  had  ab- 
solutely nothing  to  do.  The  act  calling  the  convention  intrusted  the  tak- 
ing of  the  census  to  the  sheriffs  of  the  various  counties,  and  the  returns 
were  to  be  made  to  the  probate  judges  for  inspection  and  revision,  and  the 
corrected  lists  returned  to  the  Governor,  who  was  to  make  the  apportion- 
ment of  the  delegates.  Every  sheriff  and  probate  judge,  as  well  as  every 
other  county  officer  in  the  Territory,  was  an  appointee  of  the  bogus  Legis- 
lature and  a  Pro-Slavery  man.  There  were  no  Free-State  officers.  There 
had  been  no  election  of  count}''  officers  by  the  people,  and  would  be  none 
until  long  after  the  delegates  to  the  Constitutional  Convention  had  been 
chosen.  No  Free-State  man  in  the  Territory  had  any  authority  or  legal 
power  to  add  a  single  name  to  the  census  or  the  registry.  How  they  could 
"perplex  an  enumeration  by  embarrassments  of  commission  and  omission" 
when  there  was  absolutely  nothing  for  them  either  to  commit  or  to  omit, 
passes  comprehension.  The  "starved  and  skelton  returns"  were  no  par- 
ticular pleasure  to  them,  except  as  they  foreboded,  or  ought  to  have  fore- 
boded, the  downfall  of  the  infamous  plot  to  make  Kansas  a  slave  State. 
Secretary  Stanton  afterwards  avowed  that  had  he  known  at  the  time  the 
full  extent  of  the  scoundrelism  of  that  census  and  registry  he  would  have 
refused  to  make  an  apportionment  under  it,  and  suffered  the  whole  move- 
ment to  fail;  and  the  Free-State  men,  knowing  what  Stanton  did  not  know, 
may  have  rejoiced  to  see  the  Lccomjiton  conspirators  piling  up  infamy 
upon  infamy  in  their  mad  course,  and  thus  making  more  certain  their  final 
failure. 

Stanton  made  the  apportionment  oli  the  census  as  returned,  assigning, 
of  course,  no  delegates  to  the  nineteen  disfranchised  counties.  At  this 
point  the  leading  Free-State  men  of  the  Territory  united  in  a  letter  to 


Thacher:    Rejected  Constitutions.  709 

Stanton,  offering  to  "overlook  the  past,"  and  go  into  the  election  for  dele- 
gates, provided  a  new  and  honest  census  should  be  taken,  the  delegates 
apportioned  on  that,  and  the  Free-State  men  given  an  equal  representa- 
tion with  the  Pro-Slavery  men  on  the  boards  of  election  judges.  Stanton 
replied  that  he  had  no  power  to  do  so.  The  Free-State  party  thereupon 
refused  to  have  anything  to  do  with  the  election.  The  election  took  place 
June  15,  and  of  course  none  but  the  Pro-Slavery  delegates  were  chosen. 
The  total  vote  cast  was  only  2,071,  which  was  probably  very  nearly  the 
actual  strength  of  the  Pro-Slaverj'  faction  in  the  Territory.  The  total 
population  by  this  time  must  have  exceeded  50,000. 

On  the  7th  of  September  the  convention  assembled  at  Lecompton,  and 
organized  on  the  8th,  choosing  as  its  president,  John  Calhoun,  Surveyor 
General  of  the  Territory.  All  eyes  were  now  turned  to  the  election  to  be 
held  October  5,  for  members  of  the  Territorial  Legislature  in  which  the 
two  parties  would,  for  the  first  time,  measure  strength  at  the  polls.  The 
convention  therefore  adjourned  without  further  action,  until  the  19th  of 
October.  The  election  of  October  5  took  place,  and  resulted  in  a  sweep- 
ing triumph  of  the  Free-State  party.  The  exposure  of  the  enormous 
frauds  perpetrated  at  Oxford  and  in  McGee  county,  whereby  the  slave 
power  had  made  a  last  desperate  venture  to  hold  possession  of  the  Terri- 
torial Legislature,  followed.  These  frauds  were  no  more  glaring  and  out- 
rageous, and  were  less  violent,  than  those  of  March  30,  1855,  by  which  the 
first  Territorial  Legislature  had  been  seized,  and  which  the  Administration 
and  the  slave  power  had  claimed  were  the  very  perfection  of  squatter 
sovereignty.  They  were  perpetrated  for  the  same  purpose  and  by  the 
same  men.  The  administration  at  Washington  evidently  expected  Gov- 
ernor Walker  and  Secretary  Stanton  to  wink  at  the  wholesale  forgery  and 
keep  the  Pro-Slavery  faction  in  control  of  the  Legislature.  But  these 
officials  had  come  too  closely  in  contact  with  the  people,  had  made  too 
many  promises  of  a  fair  and  honest  election,  and  were  too  thoroughly 
disgusted  with  the  huge  sham  and  imposture  of  the  whole  business,  to 
connive  at  it.  They  accordingly  threw  out  the  forged  returns,  and  gave 
the  Legislature  over  into  the  hands  of  the  people.  Meanwhile  the  intelli- 
gence of  these  new  Pro-Slavery  frauds  had  spread,  and  aroused  the  people 
to  a  high  pitch  of  indignation.  The  Free-State  men  felt  not  only  strong 
in  the  justice  of  their  cause,  but  in  numbers  and  physical  strength.  They 
felt  solemnly  called  upon  to  clean  out  the  entire  Lecompton  gang.  A 
Free-State  mass  meeting  was  called  to  meet  at  Lecompton  on  the  19th  of 
October,  the  very  day  to  which  the  Lecompton  Constitutional  Convention 
had  adjourned  from  its  session  in  September.  The  air  was  full  of  rumors, 
threats  and  portents.  When  the  day  came  a  great  crowd  assembled. 
Philip  C.  Schuyler  was  chosen  president,  and  Richard  Realf  and  0.  E. 
Learnard  Secretaries.  Lane  was  there  in  all  his  glory.  Nothing  suited 
him  better  than  an  excited  crowd  and  an  exciting  occasion.  His  speech 
was  full  of  a  noble  enthusiasm  for  the  Free-State  cause  and  of  terrific 
denunciation  of  the  frauds  and  villainies  that  had  characterized  the  Pro- 
Slavery  programme.  Resolutions  were  passed  denouncing  the  frauds  at  the 
recent  election,  declaring  that  the  convention  about  to  assemble  in  no  sense 
whatever  represented  the  people  and  must  adjourn  sine  die.  A  committee, 
with  Lane  at  the  head,  was  appointed  to  call  upon  the  members  of  the  con- 
vention, and  convey  to  them  the  mandate  of  the  people.  The  result  was 
that  for  four  days  the  members  sneaked  around  Lecompton  in  the  brush, 
afraid  to  assemble,  and  a  quorum  could  not  be  obtained.  At  last  Governor 
Walker  sent  over  to  Fort  Leavenworth  for  a  body  of  United  States  troops 


710  Appendix  E. 

with  a  section  of  artillery,  and  with  their  protection  a  quorum  was  got 
together  and  the  convention  went  on  with  its  predestined  business. 

Thus  surrounded   by   United  States   troops,   and  protected   from   the 
assaults  of  an  indignant  and  outraged  people,  by  United  States  cannon,  the 
Lecompton  convention  proceeded  to  frame  the  Lecompton  Constitution. 
All  the  glory  had  now  departed  from  the  Pro-Slavery  movement.     It 
existed  only  in  force.    Had  the  United  States  troops  been  withdrawn,  the 
Lecompton  convention   would  have  fled  the  Territory   within   an   hour. 
However,  its  members,  assured  of  protection,  pushed  straight  ahead  with 
their  work.     Their  inspiration  came  not  from  Kansas,  but  from  Wash- 
ington.    The  slave  power  had  determined  to  make  Kansas  a  slave  state 
at  whatever  cost,  and  Mv.  Buchanan  was  its  wiUing  and  conscious  instru- 
ment.    The  fellows  at  Lecompton  were  but  puppets  who  danced  as  their 
masters  pulled  the  wires.     The  constitution  was  soon  framed.     Its  sub- 
stance deserves  notice  only  as  its  provisions  indicate  the  high-water  mark 
of  Pro-Slavery  fanaticism  in  this  country.     Its  preamble  asserts  that  the 
State  to  be  created  by  it  is  a  free,  independent  and  sovereign  State.    A 
whole  article  is  devoted  to  slavery.     The  right  of  property  is  declared 
to  be  before  and  higher  than  any  constitutional  sanction,  and  the  right  of 
the  owner  of  a  slave  to  such  slave  and  its  increase  is  the  same  and  as 
inviolable  as  the   right  of  the  owner   of  any   property   whatever.     The 
elective  franchise  is  confined  to  "male  citizens"  of  the  United  States,  appar- 
ently on  the  theory  that  colored  men  could  not  be  citizens  of  the  United 
States.    All  civil  ofhcers  of  the  State  are  required  to  use  due  diligence  to 
apprehend  and  deliver  up  fugitive  slaves.    The  bill  of  rights  asserts  that 
"all  free-men  when  they  form  a  social  compact  are  equal  in  rights";  also 
that  no  "freeman"  shall  be  deprived  of  life,  liberty  or  property  but  by  the 
judgment  of  his  peers  or  the  law  of  the  land.    In  the  same  bill  of  rights  it  is 
provided  that  "free  negroes  shall  not  be  permitted  to  live  in  this  State 
under  any  circumstances."     In  the  section  provichng  for  revisions  of  the 
constitution,  the  saving  clause  is  inserted  that  "no  alteration  shall  be  made 
to  affect  the  rights  of  property  in  the  ownership  of  slaves." 

The  constitution  framed,  the  question  arose  in  the  minds  of  the  con- 
vention: What  shall  we  do  with  it?  The  document  was  intensely  Pro- 
Slavery;  the  people  for  whom  it  was  ostensibly  made  were  intensely  Anti- 
Slavery.  To  submit  it  to  an  honest  vote  was  to  see  the  whole  movement 
collapse  like  a  soap  bubble  in  the  air.  To  refuse  to  submit  it  was  to  vio- 
late the  pledges  given  before  their  election  by  Calhoun  and  many  other 
members  of  the  convention,  to  stultify  the  express  promises  of  the  admin- 
istration through  Governor  AValker,  and  to  hazard  its  rejection  by  Congress. 
In  this  dilemma  a  scheme  for  a  sort  of  bogus  submission  was  hit  upon,  or 
imported  ready  made  from  Washington.  Apparently,  and  on  its  face,  the 
constitution  was  submitted  to  the  white  male  inhabitants  "for  approval  or 
disapproval,"  but  in  reahty  nothing  but  the  question  of  slavery  was  sub- 
mitted, and  in  fact  it  was  doubtful  whether  even  that  was  meant  to  be 
fairly  and  honestly  submitted.  The  form  of  vote  was,  "Constitution  with 
Slavery,"  and  "Constitution  with  no  Slavery."  In  either  form  the  vote 
was  for  the  constitution;  but  the  jussle  in  the  pretended  submission  of  the 
slavery  question  was  seen,  when  the  provision  of  the  latter  part  of  the 
section  was  read,  to  this  effect:  That  in  the  event  it  should  appear  that 
a  majority  of  the  legal  votes  had  been  cast  for  the  "Constitution  with  no 
Slavery,"  "then  the  article  providing  for  slavery  shall  be  stricken  from 
the  constitution,  and  slavery  shall  no  longer  exist  in  the  State  of  Kansas, 
except  that  the  riiiht  of  property  in  slaves  now  in  the  Territory  shall  in  no 
manner  be  interfered  with."    But  what  was  the  right  of  property  in  the 


Thacher:    Rejected  Constitutions.  711 

slaves  then  in  the  Territory?  As  defined  by  the  constitution  itself,  in 
the  words  we  have  already  quoted,  it  was  the  "right  of  the  owner  of  a 
slave  to  such  slave,  and  its  increase."  This  right  was  "in  no  manner  to  be 
interfered  with."  The  State  was  therefore  to  have  remained  a  slave  State 
so  long  as  the  slaves  then  living  in  Kansas,  or  any  of  their  descendants 
("increase")  should  exist.  It  was  also  provided — apparently  with  the 
intention  of  excluding  the  Free-State  men  from  voting — that  at  the  election 
on  the  constitution  each  voter  should  be  required  to  take  an  oath  to  sup- 
port the  constitution,  under  the  penalties  of  perjury  under  the  Territorial 
laws.  The  precaution,  however,  was  unnecessary,  as  the  Free-State  people 
with  entire  unanimity  refused  to  take  part  in  the  election.  Two  elections 
were  provided  for  by  the  convention — the  one  just  alluded  to,  on  the  21st 
of  December,  and  the  other  on  the  4th  of  January  following,  for  the  elec- 
tion of  State  officers  under  the  constitution. 

The  convention  adjourned  on  the  7th  day  of  November.  In  its  action 
it  had  violated  every  one  of  the  solemn  pledges  made  in  its  behalf  by 
Governor  Walker,  and  accordinq;  to  his  repeated  statement,  made,  too,  on 
the  authority  of  President  Buchanan  himself,  that  the  people  should  have 
a  free  and  fair  vote  upon  the  constitution.  It  was  evident  that  the  crown- 
ing outrage  of  a  Ions  course  of  villainv  was  about  to  be  attempted.  The 
Territory  flamed  with  excitement.  Pulilic  meetings  were  held  in  every  city, 
village,  and  hamlet.  The  pressure  to  put  the  State  Government  under  the 
Topeka  Constitution  in  immediate  operation,  was  immense.  A  convention 
was  held  in  Topeka,  presided  over  by  Col.  C.  K.  Holliday,  at  which  reso- 
lutions were  passed,  requesting  Governor  Robinson  to  at  once  call  to- 
gether the  Free-State  Legislature.  A  vigilance  committee  was  appointed. 
A  few  days  afterwards  a  large  mass  convention  was  held  in  Leavenworth, 
at  which  Judge  Latta  presided,  and  which  formally  requested  Acting  Gov- 
ernor Stanton  to  call  the  recently-elected  Territorial  Legislature  together 
in  special  session,  and  which,  on  motion  of  General  Lane,  asserted  that  in 
case  Acting  Governor  Stanton  should  decline  to  do  so,  no  other  course 
would  be  oj^en  to  the  jieople  but  to  put  the  Topeka  government  in  mo- 
tion, and  pledging  themselves  to  adopt  that  course,  and  stand  or  fall  by 
it.  A  great  delegate  convention  of  the  whole  Territory  had  been  called, 
and  was  about  to  assemble  at  Lawrence.  Finally,  a  petition  was  presented 
to  Mr.  Stanton,  signed  by  a  majority  of  the  members  of  the  Legislature, 
and  accompanied  by  a  letter  signed  by  Robinson,  Lane,  and  many  other 
prominent  Free-State  men,  requesting  him  to  call  the  Legislature  together 
as  the  only  means  of  averting  violence  and  bloodshed.  The  crisis  was 
imminent.  To  comply,  as  Governor  Stanton  well  knew,  meant  a  final 
break  with  the  malevolent,  unscrupulous  and  vindictive  slave  power  at 
Washington.  To  refuse  meant  tumult,  convulsion,  irreparable  wrong,  and 
the  torch-light  of  civil  war  at  home  in  Kansas.  But  emergencies  are  the 
occasions  which  reveal  great  men,  and  Frederick  R  Stanton  was  a  great 
man.  He  called  the  Legislature.  For  this  brave,  manly,  and  statesman- 
like act,  he  was  summarily  dismissed  from  office  by  the  President.  Be- 
fore he  could  be  removed,  however,  he  had  time  to  meet  the  Legislature, 
give  them  his  reasons  for  calling  them  together,  and  consult  with  them 
as  to  the  proper  course  to  pursue.  The  Legislature  remained  in  session 
only  a  few  days.  Its  most  important  work  was  to  provide  by  law  for  the 
submission  of  the  Lecompton  Constitution  to  a  vote  of  the  people  on  the 
4th  of  January  following — the  same  day  that  had  been  fixed  by  the  Le- 
compton Convention  for  the  election  of  State  officers  under  the  Lecompton 
Constitution.  It  was  of  course  known  that  the  constitution  would  be 
voted  down  by  an  overwhelming  majority  of  the  people,  and  it  was  hoped. 


712  Appendix  E. 

vainly,  as  the  sequel  showed,  that  the  administration  at  Washington  would 
not  have  the  colossal  stupidity  and  wickedness  to  champion  a  constitution 
which,  at  a  fair  and  legal  election,  held  by  the  regular  authorized  and 
recognized  Territorial  authorities,  had  been  demonstrated  to  be  not  the 
choice  of  the  people.  But  the  capacity  of  the  Buchanan  administration — 
that  decaying  dynasty  of  the  slave  power — for  pure,  unadulterated  mean- 
ness, and  high-handed,  outrageous  villainy,  had  at  that  date  been  vastly 
underestimated. 

The  election  of  December  21  was  a  one-sided  affair,  the  Free-State 
people  refusing  to  take  part  in  it.  The  total  vote  was  6,143  for  the  Con- 
stitution with  slavery,  and  569  for  the  Constitution  with  no  slavery.  Of 
this  vote,  over  3,000  were  subsequently  shown  to  be  purely  fraudulent. 
In  Kickapoo  the  Cincinnati  directory  was  boldly  copied  to  the  extent  of 
nearly  a  thousand  names.  In  Oxford  the  fraud  rivaled  that  of  the  previous 
October  election,  which  Walker  and  Stanton  had  kicked  out.  No  motive 
could  be  assisned  for  these  frauds,  except  it  was  to  swell  the  total  vote  into 
something  like  respectable  dimensions  for  effect  at  Washington. 

The  elections  of  January  4,  1858,  which  followed,  presented  a  curious 
phase  of  complication.  First,  there  was  an  election  for  State  officers  under 
the  Lecompton  Constitution,  and  under  officers  appointed  by  the  presi- 
dent of  the  convention;  and,  secondly,  there  was  on  the  same  day,  an 
election  upon  the  Lecompton  Constitution,  under  the  regular  Territorial 
authorities,  provided  for  by  the  Legislature  at  its  special  session.  This 
latter  election  the  Pro-Slavery  party  ignored.  A  large  vote,  however,  was 
cast,  resulting  in:  For  the  Constitution  without  slavery,  23;  for  the  Con- 
stitution with  slavery,  138;  against  the  Constitution,  10,226. 

The  Free-State  body,  as  a  party,  had  resolved  not  to  commit  them- 
selves by  voting  for  State  officers  under  the  Lecompton  Constitution. 
An  independent  ticket,  however,  had  been  nominated  in  opposition  to  the 
Pro-Slavery  ticket,  and  was  supported  by  a  portion  of  the  Free-State 
people.  The  total  vote  on  Governor,  as  returned  for  this  election,  and 
now  on  record  in  the  secretary  of  state's  office,  gives  for  the  Pro-Slavery 
ticket  4,375,  and  for  the  Free-State  ticket  3,966.  This,  however,  was  only  a 
partial  return.  The  vote  as  reported  to  the  Legislature  by  C.  W.  Babcock 
and  George  W.  Deitzler  was  for  Smith,  Free-State,  6,875;  for  Marshall, 
Pro-Slavery,  6,545;  a  Free-State  majority  of  330.  Of  the  Pro-Slavery  vote 
they  reported  as  fraudulent  from  Oxford,  Shawnee,  Kickapoo  and  other 
places  3,000  votes.  They  also  reported  the  election  of  a  majority  of  Free- 
State  members  in  each  branch  of  the  Legislature.  The  returns,  however, 
of  the  election  w^ere  made  to  Mr.  Calhoun,  President  of  the  Lecompton 
Convention,  who  was  authorized  to  grant  certificates  of  election.  It  was 
generally  believed  that  in  case  the  State  was  admitted  under  the  Lecomp- 
ton Constitution,  Calhoun  would  give  certificates  to  the  Pro-Slavery  can- 
didates for  State  officers  and  to  a  majority  of  Pro-Slavery  candidates  for 
the  Legislature. 

The  contest  now  drifted  from  Kansas  to  Washington,  where  the  slave 
power,  with  President  Buchanan  at  its  head,  espoused  the  Lecompton  Con- 
stitution and  endeavored  to  force  the  admission  of  the  State  with  it.  But 
the  inces.sant  protesting  of  the  Free-State  men  had  produced  a  visible 
effect.  Moderate  men  in  the  Democratic  party  began  to  halt.  The  North- 
ern con.stituencies  were  muttering  with  rage.  Reeder,  Geary,  Walker,  Stan- 
ton— all  Democratic  appointees — were  knifing  the  infamous  fraud  at  every 
opportunity.  The  great  Democratic  senator  from  Illinois,  Stephen  A. 
Douglas,  who  had  championed  the  repeal  of  the  Missouri  compromise,  and 
had  fought  the  battle  of  the  South  by  the  light  of  his  own  burning  effigies. 


Thacher:    Rejected  Coxstitutioxs.  713 

all  over  his  own  state,  now  threw  the  weight  of  his  magnificent  powers 
into  the  scale  against  the  Lecompton  fraud,  and  in  some  small  measure 
atoned  for  his  past  career,  and  the  injuries  he  had  done  to  Kansas,  by 
fishting  one  splendid  and  masterly  fight  in  her  behalf.  Meanwhile  the 
Free-State  men  in  Kansas  were  not  idle.  The  Legislature  fully  investi- 
gated the  frauds  of  the  late  elections,  took  a  census -of  the  hamlets  like 
Oxford,  that  had  been  returning  Pro-Slavery  votes  by  the  thousand,  and 
showed  that  it  had  less  than  fifty  voters  all  told;  discovered  the  fraudulent 
Delaware  Crossing  returns  concealed  under  a  wood-pile  in  Lecompton; 
began  making  arrests  of  the  guilty  parties,  and  in  short,  made  it  so  hot 
for  the  rascals  that  the  most  of  them  fled  from  the  Territory  never  to  re- 
turn. But  blind,  obstinate,  unreasoning,  the  slave  power  in  Congress 
pressed  relentlessly  onward.  They  carried  the  Lecompton  Constitution 
through  the  Senate  by  a  vote  of  33  to  25,  and  pressed  for  victory  in  the 
House.  Here,  however,  the  storm  raged  in  vain.  The  House  defeated  the 
Senate  bill,  and  adopted  a  substitute  sending  the  constitution  back  to 
Kansas  to  be  again  voted  on.  The  Senate  rejected  the  substitute,  and 
voted  for  a  committee  of  conference.  The  committee  of  conference  re- 
ported the  English  bill.  On  April  3d  it  passed  both  houses,  and  on  the 
4th  of  Ma}',  1S5S,  the  President  signed  it.  The  essence  of  this  bill  was 
that  the  State  was  admitted  under  the  Lecompton  Constitution,  but  not 
with  the  ordinance  of  that  constitution,  but  with  a  special  and  exceedingly 
liberal  grant  of  public  lands,  made  by  the  bill  itself,  subject  to  the  condi- 
tion of  a  popular  vote  to  be  hereafter  taken,  at  which  the  ballots  were  to 
read  "For  proposition  of  Congress  and  admission,"  and  "Against  proposi- 
tion of  Congress  and  admission."  This  virtually  finished  the  business,  for 
nobody  expected  the  people  in  their  then  temper  of  mind  to  vote  for 
admission  under  the  Lecompton  Constitution,  even  though  the  bribe  to  do 
it  had  rivaled  the  Satanic  offer  to  our  Saviour,  of  all  the  kingdoms  of  the 
earth.  The  vote  took  place  August  2,  1858,  and  resulted  as  follows:  For 
the  proposition,  1,788;  against  the  proposition,  11,300;  majority  against 
it,  9,512. 

Thus  the  great  Lecompton  struggle  was  ended,  and  thence  forward  the 
Kansas  ship  of  State  sailed  on  comparatively  unruffled  seas  toward  the 
final  haven  of  admission  into  the  Union. 


APPENDIX  F. 


BIBLIOGRAPHY. 

The  material  for  the  study  of  the  four  constitutions  of  Kansas  and  the 
conditions  under  which  they  were  framed  is  very  extensive. 

It  has  been  considered  helpful  to  indicate  where  such  material  may  be 
found,  and  to  arrange  it  under  the  following  headings: 

A.  United  States  Histories. 

B.  Debates  and  Documents. 

1.  National. 

2.  Territorial. 

C.  Kansas  Histories. 

1.  Contemporaneous. 

2.  Of  Later  Date. 

D.  General  Articles. 

E.  The  Topeka  Convention  and  Constitution. 

F.  The  Lecompton  Convention  and  Constitution. 

G.  The  Leavenworth  Convention  and  Constitution. 
H.  The  Wyandotte  Convention  and  Constitution. 

I.    Biographical. 

1.  Territorial  Governors. 

2.  Wyandotte  Convention  Delegates. 

A.   UNITED  STATES  HISTORIES. 

L   Bassett.  Johx  Spkxcer — 

A  Short  Historv  of  the  United  States,  Macmillan  Co.  (New  York, 
1919) ;  pp.  489-510. 

2.  Burgess,  John  W. — 

The  Middle  Period  (New  York,  1897);  pp.  405-448,  460-474. 

3.  Ch.anxixg  et  al. — 

Guide  to  the  Study  of  American  History  by  Channing-Hart- 
Turner,  Ginn  and  Co.  (Boston,  1914) ;  pp.  454,  455. 

4.  VON  HOLST,  H. — 

History  of  the  Constitution  of  the  United  States,  10  vols.  (Chi- 
cago) ;  V.  5,  ch.  3,  5,  6,  9;  v.  6,  ch.  2,  4,  5. 

5.  Lodge,  H.  C. — 

History  of  the  United  States,  2  vols.;  v.  2,  pp.  646-651,  661-664. 

6.  McM.\sTER,  John  Bach — 

A  History  of  the  People  of  the  United  States  (1S50-1861),  8  vols. 
(D.  Appleton  &  Co.,  New  York.  1913) ;  v.  8,  pp.  196-208,  215-227, 
231-246,  252-264,  273-277.  303.  304,  306.  310,  313-317,  328,  329,  335, 
392-400,  405-410,  430,  444,  445,  453,  461,  515. 

(715) 


716  Appendix  F. 

7.  Miller,  Marion  jMills — 

American  Debates,  2  vols.  (G.  P.  Putnam's  Sons,  New  York, 
1916) ;  V.  2,  pp.  278-350. 

8.  Rhodes,  James  Ford — 

History  of  the  United  States  from  1850  to  1877,  7  vols.  (Mac- 
millan'Co.,  New  York,  1906) ;  v.  1,  pp.  425-500;  v.  2,  pp.  33-464; 
V.  3,  p.  312n. 

9.  Schouler,  James — 

A  Historv  of  the  United  States,  7  vols.  (Dodd,  Mead  and  Co., 
New  York,  1913) ;  v.  5,  pp.  280,  320-323,  342,  344-349,  357,  362, 
383-386,  391,  396,  399,  421,  424,  439,  449,  503. 

10.   Wilson,  Woodrow — 

A  Historv  of  the  American  People,  5  vols.  (Harper  and  Bros., 
New  York,  1897) ;  v.  4,  pp.  165-172,  176-184. 

B.   DEBATES  AND  DOCUMENTS. 
1.    National. 

1.  Kansas  Bill — An  act  to  organize  the  Territory  of  Kansas,  "Squat- 
ter Sovereignty,"  May  30,  1854.  Congressional  Globe,  33d  Con- 
gress. 

2.  Troubles  in  Kansas — Report  of  Special  Committee  (34th  Con- 
gress, 1st  Sess.,  House  Report,  No.  200). 

3.   Executive  Documents  of  both  House  and  Senate  of  the  United 

States  for  the  34th  and  35th  Congresses. 

4.  Reports  of  both  House  and  Senate  for  the  34th  and  35th  Con- 
gresses. 

For  the  pages  of  these  National  authorities,  see  the  index  for  each  under 
the  title  "Kansas." 

2.    Territorial. 

Execl'tive  Minutes  and  Correspondence — 

under  Governor  Reeder:    5  Kan.  Hist.  Col.,  163-234. 

under  Governor  Shannon:   4  Kan.  Hist.  Col.,  385-403;  5  Kan. 

Hist.  Col.,  234-264. 

under  Governor  Gearv:    4  Kan.  Hist.  Col.  374-385,  403-519, 

520-745;  5  Kan.  Hist"  Col.,  264-289. 

under  Governor  Walker:    5  Kan.  Hist.  Col.,  290-464. 

under  Governor  Denver:    5  Kan.  Hist.  Col.,  464-561. 

under  Governor  Medary:    5  Kan.  Hist.  Col.,  561-633. 

C.   KANSAS  HISTORIES. 

a.   Contemporaneous — 

1.  Brewerton,  G.  D.    "Ways  of  the  Western  Border"  (1860). 

2.  Fisher,  S.  G.    "The  Law  of  the  Territories"  (1859). 

3.  Gihon,  John  H.    "Geary  and  Kansas"  (1857). 

4.  Gladstone,  T.  H.    "Kansas"  (1857). 


Bibliography.  717 

5.  Hutchinson,  W.  M.    "Sketches  of  Kansas  Pioneer  Experience" 
(1S56-1S60). 

6.  Parker,  N.  H.    "Kansas  and  Nebraska  Hand-Book"  (1857). 

7.  PhilUps,  W.  A.    "Tlie  Conquest  of  Kansas"  (1856). 

8    Robinson,  Sara  T.  L.     "Kansas,  Its   Interior  and  Exterior 
Life"  (1856). 

b.   Of  Later  Date — 

1.  Andreas.    "History  of  Kansas"  (1883). 

2.  Arnold,  Anna  E.    "A  History  of  Kansas  for  Schools." 

3.  Blackmar,  Frank  W.    "History  of  Kansas,"  2  vols..  Standard 
Pub.  Co.  (Chicago,  1912). 

4.  Connelley,  W.  E.    "Kansas  and  Kansans,"  5  vols.  (Chicago, 
1918) ;  V.  1,  ch.  16-30;  v.  2,  ch.  31-39. 

5.  Cordley,  R.    "Convention  Epoch  in  Kansas  History"  (1896). 

6.  Cutler,  W.  D.    "Historv  of  Kansas"  (Chicago,  1883). 

7.  Ewing,  T.    "The  Struggle  for  Freedom  in  Kansas"  (1894). 

8.  Giles,  F.  W.    "Thirty  Years  in  Topeka"  (1886). 

9.  Goodspeed  Pub.  Co.    "History  of  the  Formations  of  the  Con- 
stitutions of  Kansas"  (Chicago,  1890). 

10.  Holloway,  J.  N.    "History  of  Kansas"  (1868). 

11.  Kansas  State  Historical  Societv.     "Kansas  Historical  Collec- 
tions," 1876-1918  (State  Printing  Plant,  Topeka). 

12.  Philhps,  W.  A.    "Kansas  History";  v.  4,  Kan.  Hist.  Col.,  pp. 
351-359. 

13.  Prentis,  N.  L.    "Historv  of  Kansas"  (1899). 

14.  Robinson,  C.    "Kansas  Conflict"  (1892). 

15.  Spring,  L.  W.    "Kansas"  (Boston,  1885),  ch.  3-12. 

16.  Thacher,  T.  D.    "The  Rejected  Constitutions"  (1886). 

17.  Tuttle,  C.  R.    "Historv  of  Kansas"  (1885). 

18.  Wilder,  D.  W.    "Annals  of  Kansas"  (Topeka,  1886). 

19.  Wilder,  D.  W.    "The  Story  of  Kansas,"  6  Kan.  Hist.  Col., 
pp.  336-342. 

D.   GENERAL  ARTICLES. 

1.  Adams,  Franklin  G. — 

The  Capitals  of  Kansas  (Topeka,  1904) ;  v.  8,  Kan.  Hist.  Col., 
pp.  331-351. 

2.  Buchanan,  Pres.  James — 

Excerpt  from  Annual  Message,  Dec.  8,  1857,  relating  to  Kansas 
(Topeka,  1896) ;  v.  5,  Kan.  Hist.  Col.,  pp.  460-464. 

3.  Connelley,  Wm.  E. — 

The  East  Boundary  Line  of  Kansas.    Kansas  City  Journal, 

March  6,  1S99.  Bound  with  "The  Boundary  Lines  of  Kan- 
sas," by  George  W.  Martin.     (Topeka). 

The  East  Boundary  Line  of  Kansas  (Topeka,  1910);  v.  11, 

Kan.  Hist.  Col.,  pp.  75-80  (First  printed  in  Kansas  City 
Journal,  March  6,  1899). 

4.  CoRDLEY,  Richard — 

The  Convention  Epoch  in  Kansas  History  (Topeka,  1896),  v.  5, 
Kan.  Hist.  Col.,  pp.  42-47. 


718  Appendix  F. 

5.  Denver,  James  W. — 

Address  to  the  People  of  Kansas  (Topeka,  1896) ;  v.  5,  Kan. 

Hist.  Col.,  pp.  465-468. 
Address  at  Old  Settlers'  Meeting,  Bismarck  Grove,  Lawrence, 

Sept.  3,  1884;  v.  3,  Kan.  Hist.  Col.,  pp.  359-366. 

6.  Ferrell,  J.  A. — 

Should  Kansas  Have  a  Constitutional  Convention?  (Topeka); 
Bar  Association  Proceedings,  1918,  pp.  51-58. 

7.  Guthrie,  John — 

Power  and  Duties  of  the  Judiciary  (Topeka,  1889) ;  in  the  Seventh 
Annual  Meeting;  of  the  Bar  Association  of  the  State  of  Kansas, 
pp.  23,  24. 

8.  Horton,  Albert  H. — 

The  Proposed  Constitutional  Amendment  (Topeka.  1886);  in  the 
Third  Annual  Meeting  of  the  Bar  Association  of  the  State  of 
Kansas,  pp.  9-19. 

9.  Landrum,  Chas.  H. — 

A  Historv  of  the  State  School  Fund  (Topeka,  1012) ;  v.  12,  Kan. 
Hist.  Col,  pp.  197,  198. 

10.  Martin,  Geo.  W.— 

The  Boundary  Lines  of  Kansas  (Topeka).  Pamphlet,  Address  at 
Alma,  Independence  (Mo.),  Kansas  City  (Kan.),  1909.  ("The 
East  Boundnry  Line  of  Kansas,"  by  W.  E.  Connelley,  is  bound  in 
same  pamphlet.) 

11.  MooRE,  E.  W.— 

The  Need  of  a  Constitutional  Convention  (Topeka,  1892) ;  Ninth 
Annual  Meeting  of  the  Bar  Association  of  the  State  of  Kansas, 
pp.  88-94. 

12.  Papers  relating  to  the  Constitutions  of  Kansas  (Topeka,  1900) ;  v.  6, 

Kan.  Hist.  Col.,  pp.  385-393. 

13.  Perdue,  Rosa  M. — 

The  Sources  of  the  Constitution  of  Kansas;  v.  7,  Kan.  Hist.  Col., 
pp.  130-151.     (Same  article  is  Appendix  D,  p.  676  of  this  volume.) 

14.  Thacher,  T.  Dwight — 

The  Rejected  Constitutions  (Topeka,  1886) ;  v.  3,  Kan.  Hist.  Col., 
pp.  436-438.    (Reprinted  in  this  volume  at  p.  652.) 

15.  Webb.  W.  C— 

Sketch  of  Kansas  Constitutions  (1897);  v.  1,  General  Statutes  of 
Kansas,  pp.  45,  46  note. 

E.   TOPEKA  CONVENTION  AND  CONSTITUTION. 

1.  Adams,  F.  G. — 

The  Capitals  of  Kansas  (Topeka,  1904);  v.  S,  Kan.  Hist.  Col., 
pp.  344-346. 

2.  Arnold,  A.  E. — 

History  of  Kansas  (Topeka,  1914) ;  pp.  79-80. 

3.  Blackmar,  F.  W. — 

Charles  Rol^inson  (Topeka,  1900);  v.  6,  Kan.  Hist.  Col.,  p.  197. 


Bibliography.  719 

4.  connelley,  w.  e. — 

The  Topeka  Movement  (Topeka,  191S) ;  v.  1,  Kansas  and  Kan- 
sans,  pp.  461-472. 

5.  Cutler,  W.  D.— 

History  of  Kansas  (Chicago,  1883);  pp.  110-113. 

6.  Elliott,  R.  G. — 

The  Big  Springs  Convention   (Topeka,  1904);   v.  8,  Kan.  Hist. 
Col.,  p.  363. 

7.  GooDiN,  Joel  K. — 

The  Topeka  Movement  (Topeka.  1915) ;  v.  13,  Kan.  Hist.  Col., 
pp.  125-249. 

8.  Phillips.  W.  A.— 

The  Conquest  of  Kansas  (1856). 

9.  Reeder,  Andrew  H. — 

From  Address  to  His  Pennsylvania  Neighbors  in  December,  1855 
(Topeka,  1896) ;  v.  5,  Kan.  Hist.  Col.,  pp.  177,  178. 

10.  RoBixsox,  Charles — 

Topeka  and  Her  Constitution  (Topeka,  1900);  v.  6,  Kan.  Hist. 
Col.,  pp.  291-305. 

11.  RoBiNsox,  Mrs.  S.ara  T.  L. — 

Kansas,  Its  Interior  and  Exterior  Life  (1856). 

12.  Topeka  Movement  (Topeka,  1915)  — 

Vol.  13,  Kan.  Hist.  Col.,  pp.  125-249. 

13.  The  Topeka  and  "Free  State"  Movement — 

Burgess,  pp.  425-440,  443,  463. 

V.  8.  McMaster,  pp.  227,  232,  260. 

V.  2,  Rhodes,  pp.  103,  107,  195. 

V.  5,  Schouler,  pp.  327-331. 

14.  Thacher,  T.  Dwight — 

The  Rejected  Constitutions— Topeka  (Topeka,  1886). 

V.  3,  Kan.  Hist.  Col.,  pp.  436-441. 

see  p.  652  of  this  volume. 

15.  Walker,  R.  J. — 

Inaugural  Address  (Topeka,  1896) ;  v.  5,  Kan.  Hist.  Col.,  pp.  328- 
341. 

16.  Walker,  R.  J.— 

Letter  to  Cass  on  the  Topeka  Movement  (Topeka,  1896) ;  v.  5, 
Kan.  Hist.  Col.,  pp.  341-344. 

17.  Wilder,  D.  W.— 

The  Annals  of  Kansas  (Topeka,  1886) . 

Convention,  preliminary,  p.  78. 

Convention  proceedings,  pp.  85,  86. 

Delegates  chosen  to,  pp.  80-84. 

Delegates,  list  of,  pp.  84,  85. 

Recommendation  by  Senate  Committee,  p.  152. 

Submission  to  Congress,  pp.  llo. 

Text  of,  pp.  91,  106. 

Vote  on  adoption,  popular,  p.  90. 

Vote  for  officers  under,  popular,  p.  174. 


720  Appendix  F. 

IS.    Wilder,  D.  W.— 

The  Storv  of  Kansas  (Topeka,  1900),  "Topeka  Movement";  v.  6, 
Kan.  Hist.  Col,  p.  340. 

F.   LECOMPTOX  COXVEXTIOX  AXD  COXSTITUTION. 

1.  Adams,  F.  G. — 

In  "The  Capitals  of  Kansas"  (Topeka,  1904) ;  8  Kan.  Hist.  Col., 
p.  341. 

2.  Arnold,  A.  E. — 

History  of  Kansas  (Topeka,  1914),  pp.  95-97. 

3.  Burgess,  John  W. — 

In  "The  Middle  Period,"  pp.  465-471  (Scribner's  Sons,  1897). 
On  Rejection  of  Lecompton  Constitution,  quoted,  2  K.  &  K., 
p.  934. 

4.  CONNELLEY,  Wm.  E. — 

Lecompton  Constitution  (Topeka,  1918). 
Kansas  and  Kansans,  pp.  657-659,  663,  690,  691. 
Kansas  and  Kansans,  pp.  1223,  1304. 

5.  CoRDLEY,  Richard — 

In  "Memorial  of  Timothy  Dwiajht  Thacher"  (Topeka,  1900);  6 
Kan.  Hist.  Col.,  85,  86. 

6.  Cutler,  W.  D.— 

History  of  Kansas  (Chicago,  1883);  pp.  162-166,  170,  171. 

7.  Hodder,  F.  H. — 

Some  Aspects  of  the  "English  Bill"  for  the  Admission  of  Kansas 
(Topeka,  1908) ;  10  Kan.  Hist.  Col.,  pp.  224-232. 

8.  "Lecompton,  Jr." — 

Enghsh  Bill,  8  McMaster,  pp.  316,  317. 

9.  Lecoaipton  and  Lecompton,  Jr. — 

(N.  Y.  Tribune  Almanac,  1859,  p.  24.) 

10.  McAllaster,  0.  W.— 

In  "Mv  Experience  in  the  Lawrence  Raid"  (Topeka,  1912) ;   12 
Kan.  Hist.  Col.,  p.  401,  note. 

11.  McMaster,  John  B.a.ch — 

8  History  of  People  of  United  States:  pp.  306-312,  313-316,  320- 
323,  334-336. 

12.  Martin,  Geo.  W. — 

In  "Early  Days  in  Kansas"  (Topeka,  1906) ;  9  Kan.  Hist.  Col., 
p.  133. 

13.  Martin,  John — 

In  "Sketch  of  Judge  Rush  Elmore"  (Topeka,  1904) ;  8  Kan.  Hist. 
Col.,  p.  435. 

14.  Price,  Ralph  R. — 

In  "The  Lecompton  Movement"  (Topeka,  1918) ;  2  Kansas  and 
Kansans,  pp.  925-934. 

15.  Rhodes,  J.  F. — 

2  History  of  United  States,  pp.  277-307,  375,  464. 


Bibliography.  721 

16.  St.\ntox.  Frederick  P. — 

In  Address  at  Old  Settlers"  ^Vleeting,  Bismark  Gro^•e,  Lawrence, 
September  2,  1S84  (Topeka,  1SS6) ;  3  Kan.  Hist.  Col.,  pp.  338, 
340-358. 

17.  Stoxe,  Robert — 

In  "Kansas  Laws  and  Their  Origin"  (Topeka,  I'JIS) ;  2  Kansas 
and  Kansans,  p.  936,  942-945. 

IS.   Th.\cher.  T.  Dwight — 

The  Reiected  Constitution — Leavenworth  (Topeka,  1886) ;  3 
Kan.  Hist.  Col.,  pp.  442-44S. 

l!t.    Wilder,  D.  W.— 

The  Annals  of  Kansas  (Topeka,  1886). 

Convention  Act,  p.  155. 

"English  Bill"  or  "Lecompton,  Jr.,"  Text  of,  pp.  231-233. 

Submi.^sion  to  Congress,  p.  210. 

Text  of  Lecompton  Constitution,  pj).  177-191. 

^'ote  on  Adoption  of  Lecompton,  Dec.  21,  '57,  pp.  202, 

203. 

\'ote  on  Adoption  of  Lecompton.  Jan.  4.  "58,  p.  208. 

A'ote  on  Delegates  to  Lecompton.  p.  169. 

\'ote  on  Lecompton,  Jr.,  popular.  ]ip.  238-240. 

20.    Wilder,  D.  W.— 

In  "The  Storv  of  Kansas"  (Topeka,  1900) ;  "Lecompton  Constitu- 
tion," 6  Kan." Hist.  Col.,  p.  340. 

G.    LEAVENWORTH  COXVEXTIOX  AND  COXSTITUTIOX. 

1.  Adams,  F.  G. — 

In  "The  Capitals  of  Kansas"  (Topeka,  1904) ;  v.  8.  Kan.  Hist. 
Col.,  p.  343. 

2.  Arnold,  A.  E. — 

History  of  Kansas  (Topeka,  1914),  p.  97. 

3.  CONNELLEY,  Wil.  E. 

Leavenworth  Constitution;  2  Kansas  and  Kansans  (Topeka, 
1918),  pp.  690-693. 

4.  Cutler,  W.  D.— 

History  of  Kansas  (Chicago,  1ns3),  p]^.  167-170. 

5.  Denver,  Ex-Gov.  J.  W.— 

Account  of  Passage  of  Leavenworth  Constitutional  Convention 
Law;  V.  5,  Kan.  Hist.  Col.,  p.  362. 

6.  Martin.  George  W. — 

In  "Some  of  the  Lost  Towns  of  Kansas"  (Topeka,  1912),  ".Min- 
neola";  12  Kan.  Hist.  Col.,  pp.  433,  434. 

7.  RoBiNsox,  Chas. — 

In  "Topeka  and  Her  Constitution"  (Topeka,  1900);  6  K.m   Hist 
Col.,  p.  298. 

8.  Speer,  Johx — 

In  "Accuracv  in  History"  (Topeka,  1900) ;  6  Kan.  Hist.  Col., 
pp.  62,  63. 

46 — 778 


722  Appendix  F. 

9.   Speer,  John — 

Incidents  of  the  Pioneer  Days  (Topeka,  1S96),  The  Leavenworth 
Constitution;  v.  o,  Kan.  Hist.  Col.,  pp.  136-141. 

10.  Stone,  Robert— 

In  "Kansas  Laws  and  Tlieir  Origin"   (Topeka,  191S),  2  Kansas 
and  Kansans,  pp.  936,  945,  946. 

11.  Thacher,  T.  Dwight — 

The    Rejected    Constitution — Leavenworth    (Topeka,    1S86) ;    3 
Kan.  Hist.  Col.,  pp.  441-442. 

12.  Thacher,  T.  Dwight — 

The  Leavenworth  Constitution  (Topeka,  1SS6) ;  3  Kan  Hist.  Col., 
pp.  5-15. 

13.  Wilder,  D.  W.— 

Annals  of  Kansas  (Topeka,  1SS6) : 

Convention  Act.  pp.  211,  212. 

Delegates  Elected,  p.  214. 

Organization,  pp.  215,  216. 

Submission  to  Senate,  p.  250. 

Text  of,  pp.  216-231,  766. 

Vote  On,  Popular,  p.  235. 

H.   WYANDOTTE  CONVENTION  AND  CONSTITUTION. 

1.  Arnold,  A.  E. — 

History  of  Kansas  (Topeka,  1914),  pp.  99,  100. 

2.  Connelley,  Wm.  E. — 

Wvandotte  Constitution  (Topeka,  191S),  2  Kansas  and  Kansans; 
pp.  696-700,  707,  708-710. 

3.  Connelley,  Wm.  E. — 

The  Wyandotte  Convention  (Chicago,  1918),  3  Kansas  and  Kan- 
sans, pp.  696-699. 

4.  Crawford,  S.  J. — 

Kansas  in  the  Sixties  (Chicago,  1911),  pp.  5,  6. 

5.  Cutler,  ^Y.  D.— 

History  of  Kansas  (Chicago,  1883),  pp.  173-176. 

6.  Francis,  Clara — 

In  "Prohibition  in  Kansas"  (Topeka,  1918),  2  Kansas  and  Kan- 
sans, p.  795. 

7.  Hutchinson,  Wm. — 

Sketches  of  Kansas  Pioneer  Experience  (Topeka,  1902) ;  7  Kan. 
Hist.  Col.,  pp.  391,  408-410. 

S.   Johnston,  W.  A. — 

In  a  "Letter  to  J.  G.  Waters,"  November,  1904  (Topeka,  1906) ; 
9  Kan.  Hist.  Col.,  p.  60. 

9.   Jones,  How^ei> — 

In  "Judge  Samuel  A.  Kingman"  (Topeka,  1906) ;   9  Kan.  Hist. 
Col.,  pp.  55-58,  55  note  7. 


BiBIilOGRAPHY.  723 

10.  Kellogg.  Lyman  B. — 

In  "The  Foundinsj  of  the  State  Normal  School"  (Topeka,  1912) ; 
V.  12,  Kan.  Hist.  Col.,  pp.  93-95;  note  12,  p.  94. 

11.  McLean,  Henry — 

A  People  Made  Constitution  (Clay  Center,  189S),  in  Kansas  Bar 
Association  Proceedings,  1898,  pp.  67-74. 

12.  Martin,  John  A. — 

The  Wyandotte  Constitutional  Convention  (Topeka,  1888),  in 
Addresses  by  J.  A.  Martin,  pp.  17-36.  See,  also,  p.  663  of  this 
reprint. 

13.  Martin,  Geo.  W.— 

Boundary  Lines  of  Kansas  (Topeka,  1910);  11  Kan.  Hist.  Col., 
pp.  53,  62-74. 

14.  Perdue,  Rosa  M. — 

The  Sources  of  the  Constitution  of  Kansas  (Topeka,  1902) ;  7 
Kan.  Hist.  Col.,  pp.  130-151. 

15.  Phillips,  W.  A. — 

The  Wyandotte  Convention  (Kansas  Magazine,  1873,  v.  1). 

16.  Simpson,  Benj.  F. — 

The  Wyandotte  Constitutional  Convention  (Topeka,  1881) ;  1  and 
2  Kan.  Hist.  Col,  pp.  236-247. 

The  Wvandotte  Convention  (Topeka,  1886) ;  3  Kan.  Hist.  Col, 

pp.  385-389. 

See,  also,  p.  652  of  this  volume. 

17.  Stone,  Robert — 

In  "Kansas  Laws  and  Their  Origin"  (Topeka,  1918),  2  Kansas 
and  Kansans,  pp.  946-952.    See,  also,  p.  697  of  this  volume. 

18.  Thacher,  T.  D.— 

The  Leavenworth  Constitution  (Topeka,  1886) ;  v.  3,  Kan.  Hist. 
Col,  p.  5. 

19.  Waters,  J.  G.— 

Fifty  years  of  the  Wyandotte  Constitution  (Topeka,  1910);  11 
Kan.  Hist.  Col.,  pp.  47-52. 

20.  Wilder,  D.  W.— 

Amendments  to  date,  pp.  277,  278. 
Claims  Commission,  pp.  278,  279. 
Convention  Act,  p.  252. 
Convention  election  called,  p.  253. 
Convention  reunion  (1882),  p.  980. 
Delegates,  list  of,  p.  261. 
Kansas  admitted,  pp.  310-312. 
Kan.  Hist.  Col.  papers,  p.  937. 
Kingman,  reunion,  p.  1072. 
Martin,  John  A.,  Sketch  of,  p.  981. 
Proceedings  of,  pp.  261-263. 
Text  of,  pp.  263-276. 
Vote,  adoption  of,  pp.  280,  281,  282. 
Vote  on  calling,  pp.  253.  254. 
Vote  on  delegates,  pp.  259,  260. 
Vote  of  National  House  on,  p.  298. 
Vote  on  officers  vmder,  p.  261. 


724  Appendix  F. 

21.  Wyandotte — 

8  McMaster,  pp.  410,  444,  445.  515. 
5  Schouler,  pp.  421,  424,  439,  449,  503. 

22.  Wy.\ndotte  Constitution — 

Wj'andotte  Constitutional  Convention. 

Proceedinsis  and  debates,  embracing  the  secretary's  journal 
of  the  Kansas  constitutional  con^ention  con^•ened  at  Wyan- 
dot, 5  Jl.  1859,  under  the  act  of  the  territorial  legislature,  en- 
titled, An  act  providing  for  the  formation  of  a  state  govern- 
ment for  the  state  of  Kansas,  approved  11  F.,  1859,  Ariel 
E.  Drapier,  reporter;  pp.  16,  46,  439.  0.  Wyandot,  1859,  of 
which  this  book  is  a  reprint. 

I.   BIOGRAPHICAL. 

a.  Territorial  Governors — 

1.  Data  of  gubernatorial  terms: 

Reeder,  Andrew  H.  Shawnee  Manual  Labor  School;  appointed 
July  7,  1854;  arrived  in  Kansas,  Oct.  7,  1854;  served  to  April 
17,"  1855;  June  23  to  Aug.  16,  1855.  d.  Easton,  Pa.,  Julv  5, 
1864. 

Woodson,  Daniel.  Apr.  17  to  June  23,  1855;  secretary  and  act- 
ing governor,  Aug.  16  to  Sep.  7,  1855;  June  24  to  July  7, 
1856;  Aug.  18  to  Sep.  9,  1856;  Mar.  12  to  Apr.  16,  1857. 
d.  Claremore,  I.  T.,  Oct.  5,  1894. 

Shannon,  Wilson.  Shawnee  Manual  Lalior  School  and  Lecomp- 
ton.  Sep.  7,  1855,  to  June  24,  1856;  July  7  to  Aug.  18,  1856. 
d.  Lawrence,  Aug.  30,  1877. 

Gearv,  John  White.  Lecompton.  Sei).  9,  1856,  to  Mar.  12,  1857. 
d.  Harrisburg,  Pa.,  Feb.  8,  1873. ' 

Stanton,  Frederick  P.     Lecompton.     Apr.  16  to  May  27,  1857; 

secretary  and  acting  governor,  Nov.  16  to  Dec.  21,  1857.    d. 

near  Ocala,  Fla.,  June  4,  1894. 
Walker,  Robert  John.     Lecompton.     Mav  27  to  Nov.  16,  1857. 

d.  Washington,  D.  C,  Nov.  11,  1869.' 

Denver,  James  W.  Lecompton.  Deo.  21,  1857,  to  Oct.  10,  1858; 
secretary  and  acting  governor  until  May  12,  1858,  when  he 
was  appointed  governor.  Was  out  of  the  territorv  July  3-30, 
1858.    d.  Washington,  D.  C,  Aug  9,  1892. 

Walsh,  Hugh  Sleight.  Lecompton,  July  3-30,  1858:  Oct.  10  to 
Dec.  18,  1858;  Aug.  1  to  Sep.  15,  1859;  Apr.  15  to  June  16, 
1860.  d.  near  Grantvillo.  .Tefferson  countv,  Kan.,  Apr.  23, 
1877. 

Medary,  Samuel.  Lecompton.  Dec.  IS,  1858.  to  Aug.  1,  1859; 
Sep.  15,  1859,  to  Apr.  15,  1860;  June  16  to  Sep.  11,  1860;  Nov. 
25  to  Dec.  17,  1860.    d.  Cohnnl)us,  Ohio,  Nov.  7,  1864. 

Beebe,  George  M.     Lecom])ton.    Sep.  11  to  Nov.  25,  1860;  Dec. 
17,  1860,  to  Feb.  9,  1861.    Secretary  and  acting  governor. 
(Taken  from  v.  S,  Kan.  Hist.  Col.,  p.  508.) 

2.  Biographical  Data  Concerning  Kansas  Territorial  Governors;  v.  6, 

Kan.  Hist.  Col.,  p.  409,  410. 


Bibliography.  725 

3.  CONNELLEY.  Wm.  E. — 

In  "Kansas  Territorial  Governors"  (Topeka,  1900),  20th  Century 
Classics. 

4.  Robinson,  Charles — 

"Recollections   and   Impressions   of  Our   Territorial   Governors," 
V.  1  and  2,  Kan.  Hist.  Col.,  p.  115. 

5.  Reeder,  Andrew  H. — 

V.  1  and  2,  Kan.  Hist.  Col.,  p.  145. 

V.  3,  Kan.  Hist.  Col.,  pp.  197-223. 

V.  6,  Kan.  Hist.  Col,  pp.  66-68,  299. 

V.  8,  Kan.  Hist.  Col.,  pp.  186,  229,  375,  508. 

Wm.    E.    Connelley    in    "Kansas    Territorial    Governors"    (20th 

Century  Classics,  1900) . 
Burgess'  Middle  Period,  pp.  416-425. 
8  McMaster — Historv  of  the  People  of  the  United  States,  pp. 

220-226. 
5  Schouler,  pp.  327-331,  348. 

6.  Woodson,  Daniel — 

V.  1  and  2,  Kan.  Hist.  Col.,  p.  115. 

V.  3,  Kan.  Hist.  Col.,  p.  325. 

V.  4,  Kan.  Hist.  Col.,  pp.  742-745. 

V.  5,  Kan.  Hist.  Col.,  pp.  157,  223. 

Connelley 's  "Kansas  Territorial  Governors"  (20th  Century  Classics). 

Burgess'  Middle  Period,  pp.  425-427,  444-446. 

8  McMaster,  pp.  226,  227,  263. 

7.  Shannon,  Wilson — 

V.  1  and  2,  Kan.  Hist.  Col.,  p.  115. 

V.  3,  Kan.  Hist.  Col.,  pp.  279-307. 

V.  8,  Kan.  Hist.  Col.,  pp.  185,  305,  508. 

Burgess,  pp.  427-444. 

8  McMaster,  pp.  227,  235,  237.  238,  241,  254,  255,  263. 

5  Schouler,  332,  342,  345,  358,  359. 

Connelley 's  "Kansas  Territorial  Governors"  (20th  Century  Classics). 

8.  Geary,  John  W. — 

John  H.  Gibson's  "Gearv  and  Kansas"  (1857). 

V.  1  and  2,  Kan.  Hist.  Col.,  p.  115. 

V.  4,  Kan.  Hist.  Col.,  p.  373. 

V.  S,  Kan.  Hist.  Col.,  pp.  305-307,  338,  341,  469,  508. 

Burgess'  Middle  Period,  pp.  446,  447. 

Connelley 's  "Kansas  Territorial  Governors"  (20th  Century  Classics). 

V.  2,  Connellev's  Kansas  and  Kansans,  pp.  632-649. 

8  McMaster,  pp.  263,  264,  276. 

5  Schouler,  pp.  359,  362,  382;  6  Schouler,  pp.  364,  452. 

9.  Stanton,  Frederick  P. — 

V.  1  and  2,  Kan.  Hist.  Col.,  p.  115. 

V.  3,  Kan.  Hist.  Col.,  p.  338. 

V.  5,  Kan.  Hist.  Col.,  159. 

Connelley 's  "Kansas  Territorial  Governors"  (20th  Century  Classics). 

V.  2,  Connellev's  Kansas  and  Kansans,  pp.  660-665. 

Burgess'  Middle  Period,  pp.  461,  462,  467. 

8  McMaster,  pp.  303,  304,  305. 


726  Appendix  F. 

10.  Denver,  James  W. — 

V.  1  and  2,  Kan.  Hist.  Col.  p.  115. 

V.  3,  Kan.  Hist.  Col.,  p.  359. 

V.  5,  Kan.  Hist.  Col.,  p.  160. 

V.  8,  Kan.  Hist.  Col.,  pp.  342,  343,  508. 

Burgess'  Middle  Period,  pp.  467-469. 

Connelley's  "Kansas  Territorial  Governors"  (20th  Century  Classics). 

V.  2,  Connelley's  Kansas  and  Kansans,  pp.  666-66S. 

8  McMaster,  pp.  405-407. 

11.  Walker,  Robert  J. — 

V.  1  and  2,  Kan.  Hist.  Col.,  p.  115. 

V.  5,  Kan.  Hist.  Col.,  pp.  158,  421-430. 

V.  8,  Kan.  Hist.  Col.,  pp.  200,  201,  307,  308,  341,  342,  508. 

Connelley's  "Kansas  Territorial  Governors." 

V.  2,  Connelley's  Kansas  and  Kansans,  p.  650    (20th  Century 

Classics) . 
*Burgess'  Middle  Period,  pp.  462-466. 
8  McMaster,  pp.  303,  304-308. 
5  Schouler,  pp.  121,  127,  382,  386,  391,  451. 

12.  Walsh,  Hugh  Sleight — 

V.  1  and  2,  Kan.  Hist.  Col.,  p.  115. 

V.  5,  Kan.  Hist.  Col.,  pp.  161,  528-623. 

V.  8,  Kan.  Hist.  Col.,  p.  508. 

Connelley's  "Kansas  Territorial  Governors"  (20th  Century  Classics). 

V.  2,  Connelley's  Kansas  and  Kansans,  pp.  668,  701-707. 

13.  Medary,  Samuel — 

V.  1  and  2,  Kan.  Hist.  Col.,  p.  115. 

V.  5,  Kan.  Hist.  Col.,  pp.  161,  632. 

V.  8,  Kan.  Hist.  Col,  pp.  343,  344,  508.     • 

Connelley's  "Kansas  Territorial  Governors"  (20th  Century  Classics) . 

V.  2,  Connellev's  Kansas  and  Kansans,  pp.  695-707. 

8  McMaster,  p.  409. 

5  Schouler,  pp.  424,  449. 

14.  Beebe,  George  M. — 

V.  1  and  2,  Kan.  Hist.  Col.,  p.  115. 

V.  5,  Kan.  Hist.  Col.,  p.  162. 

V.  8,  Kan.  Hist.  Col.,  pp.  343,  344,  508. 

Connelley"s"Kansas  Territorial  Governors"  (20th  Century  Classics). 

V.  2,  Connelley's  Kansas  and  Kansans,  p.  706. 

6.  Delegates  to  Wyandotte  Convention — 

1.  Personal  Data  Concerning  Delegates  to  the  Wyandotte  Convention — 

V.  2,  Kan.  Hist.  Col.,  pp.  47,  48,  note  2. 

2.  Personnel  of  the  Wyandotte  Convention — 

Bcnj.  F.  Simpson,  1  and  2  Kan.  Hist.  Col,  p.  236. 

3.  Delegates  to  the  Wyandotte  Convention — 

John  A.  Martin,  in  "Addresses"  (privately  printed),  July  29,  1882. 

4.  Hoffman,  Samuel  E. — 

(The  only  survivor.     Still  in  St.  Louis,  Januarv,  1920.)     V.  10, 
Kan.  Hi.st.  Col,  p.  239. 


Bibliography.  727 

5.  KixGMAN,  Samuel  A. — 

Howel  Jones,  1906,  Annual  Meeting  of  the  Kansas  State  Bar  Asso- 
ciation, pp.  37-51. 
Same,  reprinted  in  v.  9.  Kan.  Hist.  Col.,  pp.  55-59. 
Jos.  G.  Waters,  v.  9,  Kan.  Hist.  Col,  pp.  45,  4S-53. 

6.  Ross,  Edmund  G. — 

Albe  B.  Whiting,  in  12  Kan.  Hist.  Col.,  p.  9,  note  11. 

7.  TH.A.CHER,  Solon  0. — 

Stuart  Henrv.  in  (5  Kan.  Hist.  Col.,  pp.  206-219. 

Chas.  H.  Landruin,  in  12  Kan.  Hist.  Col,  p.  201,  note  30. 

Richard  Cordlev,  in  5  Kan.  Hist.  Col,  pp.  142,  143. 


INDEX. 


Note. — This    index    appeared    in    the    pamphlet    edition    issued    by    the    Gazette.      These 
numbers  are  star  (*)  paging  in  the  margin  of  this  (1920)  edition. 

Arthur,  J.  M.,  a  delegate  from  the  county  of  Linn.     His  motions:    pps.  xx,  8,  427. 
Burnett,  J.  C,  a  delegate  from  the  counties  of  Bourbon,  McGee  and  Dorn.     His  motions: 

pps.  72,  89,  212,  221,  224,  253,  335,  404,  422. 
Blunt,  J.  G.,   a  delegate  from  the  county  of  Anderson.     His  motions:     pps.  vi,  xv,  xvi, 

xvii,  xix,  xxxii,  xliv,  2,  5,  27,  29,  40,  56,  58.  59,  62,  63,  65,  67,   70,  85,  90,  91,  105, 

107,    108,    112,    113,    114,    131,    150,    151,    158,    172,    183,    194,    197,    199,    203,    212, 

222,    226,    239,    243,    246,    248,    251,   268,   276,    320.    322,    329,    335,    338,    344,    347, 

348,    371,    372,    376,   387,   388,    391,    392,    402,   415. 
Brown,   Frederick,   a   delegate   from   the   county   of   Leavenworth.      His   motions:      pps. 

xxxvi,  xlv,  49,  58,   109. 
Barton,  J.  T.,  a  delegate  from  the  county  of  Johnson.     His  motions:      pps.   i,  41,   44,   46, 

253,  355,  384,  420. 
BuRRiS,   J.    T.,    a    delegate   from   the   county   of   Johnson.      His   motions:      pps.   xiv,    10, 

29,  43.  48,  60,  61,  63,  64,  71,  75,  76,  81,  84,  85,  106,   109,  133,   140.  150,  192,   194. 

198,  200,  205,  206,  207,  228,  238,  244,  246,  249,  252,  262,  274,  ;'.22,   335,  369,  372, 

373,  384,  388,  391,  401,  408,  415,  410,  422,  427,  431,  438. 
Blood,  J.,  a  delegate  from  the  county  of  Douglas.     His  motions:     pps.  28,  29,  30,  35,  36, 

47,  48,  70,  73,  76,  79,  83,  89,  90,  104,  114,  166,   194,  197,  199,  201,  203,  208,  211, 

220,  222,  224,  259,  263,  272,  361,  363,  373,  374,  377,  378,  389,  393,  394,  398,  408, 

418,  424,  428,  432,  439. 
Blood,  N.  C,  a   delegate  from  the  county  of   Douglas.     His  motions:     pps.   91,   356.   417, 

427,  428. 
Crocker,   Allen,   a   delegate   from  the   counties   of   Coffey    and   Woodson.      His   motions: 

pps.  29,  265,  438. 
Dutton,  W.  p.,  a  delegate  from  the  county  of  Lykins.     His  motions:    pps.  90,  353. 
Foster,  Robert  C,  a  delegate  from  the  county  of  Leavenworth.     His  motions:     pps.  7. 

56,  152,   169,   180,   195,  217,  362. 
FoRMAN,   J.   W.,   a   delegate  from  the   county  of   Doniphan.      His   motions:      pps.   vii,    viii, 

8,  44,  50,  117. 
Graham,  Robert,  a  delegate  from  the  county  of  Atchison.     His  motions:     pps.  vi,   1,  2, 

7,   8,  9,   12,   15,   19,   22,   27,   28,   30,   31,   45,   47,   48,   57,   60,   78,    133,   139,    140,    169. 

172,  243,  253,  257,  328,  334,  339,  358,  362,  371,  385,   386,  410. 
Greer,  John  P.,  a  delegate  from  the  county  of  Shawnee.     His  motions:      pps.  v,  vi,  vii. 

xviii,  xviii,   xix,  .xxxvi.   3,   23,   29,   56.   62,   64,   71,   89,    138,    140,    150,   200,   218,   222. 

243,  244,  288,  328,  341,  354,  355,  370,  381,   391,  407,  430. 
Griffith,   W.    R.,    a    delegate   from   the    counties   of    Bourbon.    McGee    and    Dorn.      His 

motions:    pps.  i,  iii,  v,  vi,  vii,  xi,  xviii,  xxxvii,   3,  6,  22,  47,  51,  87,  89,  90,   137,   214, 

242,  255,  275,  293,  342,   375,  383,  401,  423,  426,   427. 
HiPPLE,  Samuel,  a  delegate  from  the  county  of  Leavenworth.     His  moiions:     pps.  xi.   11, 

73,  75,  76,  91,  203,  249,  252,  292.  322,  385,  391,  392. 
Hubbard,  E.  M.,   a  delegate  from   the  county  of  Doniphan.     His  motions:      pps.   47,   218, 

356. 
Hutchinson,  William,  a   delegate  from  the  county  of  Douglas.     Hi.s  motions:     pps.  v, 

vi,   vii,   xvii,   xx,    3,   4,    7,    11,    12,    17,    17,    20,    22,    29,   45,    58,    72,    75,   84,    85,    100, 

139,  194,  200,  202,  204,  208,  215,  218,  221,  227,  233,  234,  248,  249,  251.  252,  257, 

337,  341,  347,  355,  406,  416,  417,  425,  426.  428,  430,  438. 


(729) 


730  Index. 

Haxway,  James,  a  delegate  from  the' county  of  Fraukliu.     His  motions:     p.  415. 
Hoffman,  Samuel  E.,  a  delegate  from  the  counties  of  Coffey  and  Woodson.     His  motions: 

pps.  viii,   8,   11,  49,   192,   195,   196,  227,  229,  233. 
Houston,  L.  B.,  a  delegate  from  the  county  of  Riley.     HLs  motions :     pps.  xii,  sliii,  xlv, 

2,   3,   12,   18,   21,   23,   45,   46,   47,  49,   56,   57,   70,   99,   110,    113,    142,   177,   178,   188, 

226,  264,  292,  381,  402,  415. 
Ingalls,  J.  J.,  a  delegate  from  the  county  of  Atchison.     His  motions:     pps.  20,   23,  47, 

138,  194,  195,  208,  221,  224,  235,  260,  261,  268,  293,  319,  321,  340,  344,  349,  353, 
354,  355,  376,  381,  382,  387,  392,  407,  415. 

Kingman,  Samuel  A.,  a  delegate  from  the  county  of  Brown.  His  motions:  pps.  v.  viii, 
xii,  xiv,  xvi,  xxxvi,  xlv,   12,   16,   17,  35,  40,  66,  63,  72,   75,  76,  86,  89,   109,   110,   117, 

139,  150,   166,   172,  210,  222,  237,  321,   336,  356,  407,  416,  424,  425. 

LiLLiE,  S.  H.,  a  delegate  from  the  counties  of  Butler,  Hunter,  Greenwood,  Godfrey  and 
Wilson.     His  motions:     pps.  8,  40,  44,  62,  71,   107,  135,  417,  427. 

Lamb,  Josiah,  a  delegate  from  the  county  of  Linn.     His  motions:     pps.  47,   193. 

MiDDLETON,  J.  A.,  a  delegate  from  the  counties  of  Marshall  and  Washington.  His  motion: 
pp.  397. 

May,  Caleb,  a  delegate  from  the  county  of  Atchison.  His  motions :  pps.  56,  58,  68, 
408,  425. 

McDowell,  William  C,  a  delegate  from  the  county  of  Leavenworth.  His  motions: 
pps.  vii,  viii,  xii,  xv,  9,  13,  30,  45,  48,  52,  57,  62,  63,  66,  70,  71,  72,  76,  85,  86,  91, 
108,  130,  131,  133,  140,  179,  192,  196.  201,  202,  206,  219,  222,  227,  230,  231,  233, 
251,  269,  275,  276,  320,  346,  356,  357,  358,  370,  372,  373,  375,  377,  378,  382,  384, 
387,  393,  397,  398,  415,  417,  418,  419,  421,  426,  432,  438. 

McCuNE,  Adam  D.,  a  delegate  from  the  county  of  Leavenworth.     His  motion:     pp.  77. 
McClellan,  C.  B.,  a  delegate  from  the  county  of  Jefferson.     His  motions:     pps.  viii,  xiv, 
xliv,  6,   13,  30,  45,  55,  61,   77,   89,  133,  210,  256,  257,  376,   397. 

Preston,  H.  D.,  a  delegate  from  the  county  of  Shawnee.     His  motions:     pps.  46,  52,  64, 

254,  342,  357,  419. 
Palmer,  Luther  R.,   a  delegate  from  the  county  of  Pottawatomie.      His  motions:      pps. 

200,  321. 

P.\RKS.  Pasc'HAL  S..  a  delegate  from  the  county  of  Leavenworth.  His  motions:  pps.  xi, 
xiii,  xxxiii,  26,  29,  50,  62,  TO,  131,  155,  205,  229,  233,  287,  348,  349. 

Porter,  R.  J.,  a  delegate  from  the  county  of  Doniphan.  His  motions:  pps.  27,  44,  62, 
70,   199,  252. 

Ritchie.  John,  a  delegate  from  the  county  of  Shawnee.  His  motions:  pps.  xi,  xii, 
xxxii,   7,  8,  61,  62,  68,   85,  99,   104,  205,  226,  265,  289,  290,  375,  390,   391,  438. 

Ross,  Ed.mund  G.,  a  delegate  from  the  counties  of  Waubonsa,  Richardson,  Davis,  Dickin- 
son and  Clay.  His  motions:  pps.  xviii,  xxxi,  xxxiii,  xxxv,  29,  56,  64,  134,  218,  236, 
265,  293,  382,  413,  420. 

Slough,  John  P.,  a  delegate  from  the  county  of  Leavenworth.  His  motions:  pps.  i,  iii, 
V,  vi,  vii,  ix,  x,  xi,  xiii,  xvii,  xvii,  xviii,  xxi,  xxxii,  xxxiii,  xx.xvi,  xliii,  7,  10,  11,  22, 
30,  36,  37,  40,  44,  47,  48,  49,  57,  61,  64,  65,  66,  67,  68,  69,  70,  71,  73,  75,  84,  85, 
86,  87,  88,  90,  104,  105,  106,  108,  109,  113,  114,  117,  118,  132,  174,  178,  195,  196, 
200,  201,  202,  205,  208,  222,  226,  227,  230,  233,  234,  235,  236,  246,  247,  248,  249, 
251,  252,  255,  258,  260,  263,  266,  267,  271,  275,  293,  334.  342,  :U7,  351,  352,  358, 
361,  385,  386,  387,  393,  416,  437. 

Stinson,  Samuel  .\.,  a  delegate  from  the  county  of  Leavenworth.  His  motions:  pps.  i,  ii, 
iii,  iv,  vii,  x,  xi,  xii,  xiv,  xxi,  xxxi,  10,  11,  12,  13,  22,  36,  45,  48,  49,  50,  56,  57,  58, 
59,  62,  63,  64,  65,  69,  70,  71,  75,  76,  85,  88,  91,  105,  107,  109,  117,  131,  132,  170, 
172,  174,  192,  193,  194,  195,  196,  207,  218,  219,  222,  229,  233,  246,  248,  260,  261, 
263,  265,  267,  269,  288,  292,  319,  320,  322,  342,  346,  347,  351,  356,  361,  362,  368, 
3T1,  376,  381,  383,  392,  393,  394,  404,  408,  425,  426,  430,  432,  438. 

Stiarwalt,  John,  a  delegate  from  the  county  of  Doniphan.  His  motions:  pps:  ix,  90. 
226,  253,  429. 


Index.  731 

Stokes.  Ed.,  a  delegate  from  the  county  of  Douglas.     His  motion:     pp.   225. 

SiMPSOX,  B.  F.,  a  delegate  from  the  count.v  of  Lykins.  His  motions:  pps.  vi,  110,  209, 
210,  410,  427,  429. 

Thacher,  S.  O.,  a  delegate  from  the  county  of  Douglas.  His  motions:  pps.  i,  11,  xl,  xli, 
xix,  xxi,  22,  31,  37,  45,  46,  56,  57,  58,  60,  61,  69,  70,  71,  72,  76,  84,  86,  91,  108, 
111,  113,  114,  131,  132,  133,  169,  170,  172,  174,  178,  179,  193,  200,  208,  210,  218, 
219,  221,  226,  234,  235,  236,  244,  246,  249,  250,  253,  265,  275,  288,  292,  321,  334, 
394,  415,  417,  418,  422,  430,  438. 

TowxSEND.  P.  H.,  a  delegate  from  the  county  of  Douglas.  His  motions:  pps.  85,  177, 
208,   354,  427. 

AVRKiLEY.  B..  a  delegate  from  the  county  of  Doniphan,  His  motions:  pps.  xvi,  xviii, 
.XX,  xxxvll,  7,  18,  23,  28,  30,  47,  56,  63,  64,  65,  69,  79,  89,  110,  113,  131,  140,  150, 
169,   170,   176,  178,  180.   192,   193,  207,  215,  225,  262,  291,  321,  345,  409. 

WRiiiHT,  T.  S.,  a  delegate  from  the  county  of  Nemaha.     His  motion;      pp.   108. 

WixcHEl.L.  .J.  M.  (president),  a  delegate  from  the  counties  of  Osage,  Weller,  Brecken- 
ridge,  Morris,  Chase  and  Wise.  His  motions :  pps.  Hi,  xlv,  12,  12,  16,  17,  22,  27, 
28,  29,  50,  52,  56,  60,  64,  65,  91,  113,  151,  189,  205,  206,  207,  208,  211,  238,  243, 
247.   248.  251.   368,  389,  415,  425,  429. 


ANALYTICAL  INDEX  TO  CONSTITUTION. 


COKSTITUTIOX—  PAGES 

Amendments.      (See  art.    14.   i.on.stituiioii ) 5S7— 088,  643 

Convention   to  make,  how  called    (sec.   '2) 588,  643 

How   made   by   convention    (sec.   2) 588,  643 

How  made  by  people  direct    (sec.   1) 537—588,  643 

How  pi-oposed  by  legislature    (sec.   1) 587—588,  643 

How  submitted  to  people    (sees.  1   and  2) 587—588,  643 

Number  submitted  at  one  election    (sec.   ]  ) 587—588,  643 

Publication   of   proposition    (sec.    1) 537—588.  643 

Vote  on  adoption  of   (sees.   1  and  2 ) 587—588,  643 

Tote  on  callins?  convention    (sec.  2) 588,  643 

Vote  on  submitting  to  people    (sec.   1 ) 587—588,  643 

Apportionment.      (See  art.  10,   consiitutioii ) 585.  633—634 

Annotated    constitution    033—634 

Census  preceding  year  base  for  new   (sec.  2) 585,  633 

County,  at  least  one  repi'esentative   (sec.   1) 585,  633 

County,   districts,   how  many    (sec.    1) 585,  633 

District,   in  each  county,  one  representative    (sec.   1 1 585.  633 

First,   based  on   last  territorial   census    (sec.    2) 585.  633 

Xew,  when  and  how  made    (sec.  2 ) 585,  633 

Original    constitution     585 

Article     1.     (.See  Executive,   16  sees.)    576-578,  605-607 

Article     2.     (See   Legislative,  orig.   28   and   anno.   30  sees.) 578—580,608-619 

Article    3.     (See  Judicial,    20    sees.) 580-582.  619-625 

Article    4.     (See  Elections,   orig.   2   and   anno.    5   sees.) 582,  62.5—626 

Article     5.     (See  Suffrage,   orig.   7   and   anno.   8  sees.) 582—583,  627—628 

Article    6.     (See   Education,   9  sees.)    583-584,  629-631 

Article    7.     (See  Public    Institutions.    4    sees.) 584,  631 

Article    8.     (See  Militia,   4  sees.)    584,  631-632 

Article    9.     (See   County   and   Township   Organization,    25   sees.),    584-585,  632-633 

Article  10.     (See  Apportionnn  nt,    3    sees. )     585,  633-634 

Article  11.     (See  Finance    and    Taxation.    8    sees.) 585-586,634-637 

Article  12.     (See  Corporations.   6  sees.)    586-587,  638-642 

Article  13.     (See   Banks  and  Currency.    9  sees.) 587,  642-643 

Article  14.     (See  Amendments,   2  sees.)    587—588,  643 

Article  15.     (See  Sliscella neons,  orig.  9  and  anno.  10  .sees.).  .  .  .    583-589.  643-647 

Banks  and  Cirrency.      (See  art.  13,  constitution) 587,  642-643 

Banks  established  by  general  law    (sec.   1) 587,  642 

Banking  laws  adopted  by  people    (sec.   8) 587,  643 

Banking  laws  amended  or  repealed   (sec.  9) 587.  643 

Circulating   notes,   amount  and  security    ^sec.   2) 587,  642 

Circulating   notes,   denomination,   amendment    (sec.   7) 643 

Circulating   notes,   denomination,    original    (sec.    7) 587 

Circulating   notes,   holder   of.   preferred   creditor    (sec.    4) 587.  642 

Circulating   notes,   how  secured    (sees.   2    and   3 ) 587,  64^2 

Circulating   nol.es,    issued,   office   within   state    (sec.   6) 587,  642 

Circulating   notes,   kind  of  security    (sec.   2) 587,  642 

Circulating   notes,   ofifices  issue,  etc.,  within  state   (sec.  0) 587,  642 

Circulating   notes,   place,   redemption   of    (sec.    6) 587,  642 

Circulating   notes,   i-edeemed,   money  of  United  States    (see.   4^ 587,  642 

Circulating  notes,   redeemed  within  state    (sec.   6) 587,  642 

(733) 


t  o- 


[  Analytical  Index. 

PAGES 

Bill  of  Rights  (20  sees.) 575-576,  598,  605 

Accused,  defense  of   (sec.  10) 576,  601 

Aliens'  property  rights  same  as  citizens   (sec.  17) 576,  60-1 

Armies,  standing,  in  peace  not  tolerated    (sec.  4) 575,  600 

Bail,   allowed  in  what  cases   (sec.  9) 575,  601 

Bail,  excessive,  not  required  (sec.  9) 575,  601 

Bear  arms    (sec.   4) 575,  600 

Citizens'   and  aliens'   property  rights,  same    (sec.   17) 576,  604 

Conviction  of  treason    (sec.   13) 576,  603 

Conviction  works  no  corruption  of  blood    (sec.   12) 576,  603 

Debt,    no   imprisonment   for    (sec.    16) .*■ 576.  604 

Equal   and   inalienable  rights    Csec.   1) 575,  599 

E.state,  forfeiture  of,  forbidden    (sec.   12) 576,  603 

Evidence  of  truth  in  libel  (sec.  11) 576,  603 

Forfeiture  of  estate  forbidden    (sec.   12) 576,  603 

Fraud,   imprisonment  for  debt    (sec.    16) 576,  604 

Habeas  corpus,  when  suspended   (sec.  8) 575,  601 

Hereditary  emoluments,    etc.,   forbidden    (sec.    19) 576,  605 

Inalienable  rights,  equal  and    (sec.   1) 575,  599 

Injury  to  person,   reputation,  property    (sec.   18) 576,  604 

Immunities,  granted  and  changed  by  legislature   (sec.  2) 575,  599 

Imprisonment  for  debt    (sec.   16) 576,  604 

Jury  trial,   right,   inviolate    (sec.   5) 575,  600 

Justice   without  delay    (sec.    18) 576,  604 

Libel,  truth  in  evidence   (sec.   11) 576,  603 

Liberty,   etc.,   natural  rights    (sec.   1) 595,  599 

Liberty  of  press,  inviolate    (sec.    11) 575,  603 

Liberty,   religious,    assured    (sec.   7) 575,  600 

Life,   etc.,   natural  rights    (sec.    1) 575,  599 

Military  power  subordinated  to  civil  (sec.  4) 575,  600 

Natural  rights,  life,  etc.    (sec.   1) 575,  599 

People  retain  powers  not  delegated   (sec.  20) 575,  605 

People,  right  to  assemble,  etc.,  peaceably   (sec.  3) 575,  600 

People,  right  to  consult  peaceably   (sec.  3) 575,  600 

People,   right  to  petition   government    (sec.   3) 575,  600 

People  secure  in  person   and  property    (sec.   15) 576,  603 

Power,   political,    inherent  in   people    (sec.   2) 575,  599 

Powers  not  delegated,  in  people    (sec.  20) 576,  605 

Press,   liberty  of,   inviolate    (sec.    11) 576,  603 

Privileges,   special,   granted  by  legislature    (sec.   2) 575,  599 

Privileges,   special,   recalled  by  legislature    (sec.   2) 575,  599 

Property  rights,  aliens  and  citizens,  same   (sec.   17) 576,  604 

Punishment,  no  cruel  or  unusual   (sec.  9) 575,  601 

Pursuit   of  happiness,   natural  right    (sec.    1) 575,  599 

Religious  liberty   assured    (sec.    7) 575,  600 

Right  to  assemble,  etc.,  assured   (sec.  3) 575,  600 

Right,   jury  trial,    inviolate    (sec.    5) 575,  600 

Rights,    equal    and    inalienable    (sec.    1) 575,  599 

Rights  of  property,   aliens  and  citizens,   same    (sec.    17) 576,  604 

Search  and  seizure   (sec.   15) 576,  603 

Slavery   prohibited    (sec.    6) 575,  600 

Soldiers,   quartering,    in   peace    (sec.    14) 576,  603 

Soldiers,    quartering,    in   war    (sec.    14) 576,  603 

State  never  grants  hereditary  honors,  etc    (sec.   19) 576,  605 

Transportation  of  persons  forbidden    (sec.    12) .'i76,  60;i 

Treason,   conviction  of    (sec.   13) 576,  603 

Treason,    what   constitutes    (sec.    13) 576,  603 

Trial,   speedy,    assured    (sec.    10) 576,  601 

Warrant  issues,  probable  cause   (sec.  15) 576,  603 


Analytical  Index.  735 

PAGES 

CoRPORATioxs.      (See  art.   12,  constitution) 586-587,  638-643 

Associations,   corporations,   when    (sec.   6) 587,  641 

Charitable,  do  not  have  individual  liability   (sec.  2) 586,  639 

Cities,   etc.,  how  organized    (sec.   5) 587,  641 

"Corporations"  includes  what  (sec.  6) 587,  641 

"Corporations"  sue  and  sued  in  corporate  name   (sec.  6) 587,  641 

Created  only  by  general  law  (sec.  1) 586,  638 

Credits,  etc.,  cities,  etc.,  restricted   (sec.  5) 587,  641 

Double  liability   amended    (sec.    2) 639 

Double  liability  upon   stockholders    (sec.   2,  orig.) 586 

Individual  liability,  not  include  railroads,  etc.   (sec.  2) 586,  639 

Individual  liability,  not  embrace  religious  or  charitable    (sec.  2) 586,  639 

Joint  stock  companies,   when   corporations    (sec.   6) 587,  641 

Laws  creating  corporations,  amended  or  repealed   (sec.  1) 586,  638 

Members,   religious,    elect   trustees    (sec.   3) 586,  640 

Organization  of  cities,   etc.    (see.   5) 587,  641 

Powers,  corporate,  not  granted  by  special  law   (sec.  1) 586,  638 

Property,   religious,   title  in   trustees    (sec.   3) 586,  640 

Railroads,  no  individual  liability   (sec.  2) 576,  639 

Religious,   no  individual  liability    (sec.   2) o86,  639 

Religious   property,   title   in   trustees    (sec.   3) 586,  640 

Revenue  and  credits,  cities  restricted   (sec.  5) 587,  641 

Right  of  way  paid  for,  irrespective  benefit  (sec.  3) 586,  640 

Stockholders'  liability  limited,  face  of  stock    (sec.   2,   amend.) 639 

Title,   property  religious,   in  trustees    (sec.   3) 586,  640 

Trustees  elected  by  members  of  religious    (sec.   3) 586,  640 

Trustees,  title  to  property  of  religious  (sec.  3) 586,  640 

County  and  Township  Organiz.\tion.       (See  art.  9,  constitution),   584-585.  632-633 

Area  of  county,  minimum   (sec.  1) 584,  632 

Changing  county  lines  by  legislature  (sec.  1) 584,  632 

County   area,   minimum    (sec.   1) 584.  632 

County  commissioners,  term    (sec.   3).  .   See  sec.   7,   art.  4.  .  .  .    585.  625-626,  633 

County  lines,  changing  by  legislature   (sec.  1) 584,  632 

County  officers'  term,  two  years  (sec.  3).    See  sec.  2,  art.  4.  .  585,  625-62671,  633n 

County  seat  changed,  majority  county  electors   (sec.   1) 584,  632 

County  seat  location  by  legi-slature    (sec.   1) 584,  632 

County  and  township  officers  removed,  how   (sec.  5) 585,  633 

Electors  change  county  seat,  majority  of   (sec.  1) -384,  632 

Justices  peace,   excepted,   term  one  year    (sec.   4) 585,  633 

Justices  peace,  term  made  two  years   (see  sec.  2,  art  4) 625—626 

Legislature,  changing  county  lines    (sec.   1) 584,  632 

Legislature,   necessary  county  officers    (sec.   2) 585,  632 

Legislature,  locating  county  seats    (sec.    1) 584,  632 

Legislature,  necessary  township  officers    (sec.  2) 585,  632 

Legislature,  organization  new  counties   (sec.  1) 584,  632 

Location  county  seats  by  legislature   (sec.  1) 584—632 

Majority  county  electors  change  county  seat   (sec.   1) 584—632 

Officers,  legislature,   necessary  county    (sec.  2) 585,  632 

Officers,  legislature,   necessary  township    (sec.   2) 585,  632 

Officers'  term  two  years,  county  (sec.  3).    See  sec.  2,  art.  4.  .  585,  625— 626w,633n 

Organization  of  new  counties   (sec.  1) 584,  632 

Removal,   county  and  township  officers    (sec.   5) 585,  633 

Sees.  3  and  4,  art.  9,  amended  1876,  eliminated  1904 62.5-626,  633 

Sheriff  and  treasurer,  two  consecutive  terms,  limited    (sec.   3) 585,  633 

Term  of  county  officers,  two  years  (see  sec.  2,  art.  4) 585,  625—626 

Term,  township  officers,  justices  peace  excepted   (sec.  4) 585,  633 

Township  officers,  county  and,  how  removed   (sec.  5) 585,  633 

Township  officers,  justices  excepted,  term   (sec.  4) 585,  633 

Township  officers,  legislature,  necessary    (sec.  2) 585,  632 

Treasurer  and  sheriff,  two  consecutive  terms   (sec.  3) 585,  632 


736  Analytical  Lxdkx. 


PAGES 

Edccatiox.      (See   art.    6.    con^titulion  ) .)33-5.S4.  619,  629-631 

Collegiate   schools    (see.    2) 583,  629 

Common  school  funds,   supervision  of    (sec.   1) 583,  629 

Common  schools,  uniform  system   (sec.  2) 583,  629 

Control  common  school  funds,   nonseetarian    (sec.   8) 584,  631 

County   common-school   fund,    constituted    (see.    6) 583,  630 

County  superintendent  elected,   every  county    (sec,    1) 583.  629 

County  suiJerintendents,   terms,    duties,   compensation    (sec.    1) 583,  629 

Disbursement   income  school  fund   annually,   how    (sec.   4)    583,  630 

Disbursement   income   school   fund   annually,   by  whom   (sec.  4) 583,  630 

Disbursement    income   school  fund   annually,   to   whom    (sec.   4) 583,  630 

Disposal   of   school   lands    (sec.    5) 583,  630 

Establishment    State   f  niversity    (sec.    7) 583,  630 

Estrays,    county   school   fund    (sec.    6) 583.  630 

Exemption  money,   military  duty,   county   school   funds    (sec.   6) 583,  630 

Fines,  breach,  penal  laws,  county  school  fund    (sec.  6) 583,  630 

Interests,  educational,   supervision  of    (sec.   1) 583,  629 

Interest  on    "University  fund,"  alone  used    (sec.   7) 583,  630 

Lease,   school  lands,   term  and  rate    (sec.   5) 583,  630 

Military  exemption,  money,   county  school  fund    (sec.  5) 583,  630 

Money,   exemption  military  duty,   county  school  fund    (sec.   6) 583,  630 

Nonseetarian  control  common-school,  etc.,  funds   (sec.  8) 584.  631 

Xormal  schools    (sec.   2) 583,  629 

Preparatory   schools    (sec.   2) 583,  629 

School  funds,  how  constituted    (sec.   3) 583,  629 

School  funds,  perpetual,  not  diminished   (sec.  3) 583,  629 

School  funds,  sold,  vote  of  people   (sec.  5) 583,  630 

State  institutions,  permanent  tax,  support   (sec.  30,  art.  3) 619 

State  school   fund   counnission    (sec.    9) 584.  631 

State  school  fund,  managed  and  invested   (sec.  9) 584,  631 

State  superintendent,   powers   and  duties    (sec.    1) 583,  629 

State  University  establishment  and  support    (sec.   7) 583,  630 

Support  of  common  schools,  proceeds  of  funds    (sec.  3) 583,  629 

Support   of   State   University    (sec.    7) 583,  630 

System  of  common  schools,   uniform    (sec.   2) 583,  629 

System  of  higher  grade  schools    (sec.   2) 583,  629 

Tax,   permanent,   support  state   institutions    (sec.    30.    art.   ■J)n 619 

University,    State    (sec.   2) 583.  629 

Elections.      (See  art.  4,  i-onstitution) 582.  625-626 

Ballot,  by  people   (sec.   1) 582,  625 

Biennial,   date    (sec.  2) 582,  625-626 

(xeneral  and  township,  biennial,   date    (sec.   2) 582,  625-626 

Legislature,    vica    voce    (sec.    1 ) 582,  625 

Manner  and  time  of  conducting  recall  election    (sees.  4   and  5) 626 

Manner  of  securing  recall  election   (sec.  4) 626 

Officer,   public,   sub.iect   to  recall    (sec,   3) 626 

People,    by   ballot    (sec.    1) 582,  625 

Petition  for  recall  election,   requirements    (sec.   4) 626 

Proclamation   for  recall  election    (sec.   4) 626 

Reasons  recall  stated,  petition  and  pi-oclamatiou    (see.   4> 626 

Recall   ballot,    form    (see.    5) 626 

Recall   not   excluded,    other   remedies    (sec.   3) 626 

Recall,  one  remedy  to  remove  ofticers    (sec.   3) 626 

Remedy  against  officer,   recall    (sec.   3) 626 

Vacancy  created  by  recall,   filled    (sec.    5) 626 

Viva  voce  by   legislature    (sec.   1 ) 582,  625 

EXECITIVE.      (See  art.    1,    constitution) 576-578,  605-607 

Ad.iournment  of  legislature  by  governor    (see.   (J) 577,  606 

Canvass  of  election  returns   (sec.  2  ) 576—577,  606 

Commissions  issued,  "Great  Seal"   attached    (sec.  9) 577,  607 


Analytical  Index.  737 

EvKCiTlVJi — continued .  pages 

Commissions  issued,  name  of  state,  grovei'uor  signs  (sec.  9) 577,  607 

Commissions  issued,   secretary   of  state  countersigns    (sec.   9) 577,  607 

Communication,   written,  governor  to  legislature    (sec.   5) 577,  606 

Compensation  executive  oflBcers   neither   increased   nor   diminished    (sec. 

15)    578,  607 

Composition,  state  board  canvassers    (sec.  2) 57.5-577,  606 

Department  officers'  report  to  governoi-,  when    (sec.   IG) 578,  607 

Duties  of  state  board  of  canvassers   (sec.  2) 576-577,  606 

Election  of  officers,  canvass   (sec.  2) 576,  577,  606 

Execution  of  laws,  governor   (sec.  3) 577,  606 

Executive  power  vested  in  governor,   supreme    (sec.   3) 577,  606 

Governor,    adjourns  legislature,   when,   how  long    (sec.   6) 577,  606 

Governor,   commissions,   all  signed  by    (sec.   9) 577,  607 

Governor,   execution  of  laws   (sec.  3) 577,  606 

Governor,    information   from  executive  officers    (sec.   4) 577,  606 

Governor,    keeper   of    "Great    Seal"    (sec.    8) 577,  607 

Governor,   legislature  in  special  session  convenes    (sec.   5) 577,  606 

Governor,   member  of  Congress  cannot  be  (sec.  10) 577,  607 

(iovernor,    not   any   other  officer  of   state    (exceptions,   sees.    11.    12    and 

13)    (sec.    10) 577,  607 

Governor,   pardon  power   ( sec.  7 ) 577,  606 

Governor,   power,  vested  with  supreme  executive   (sec.  ") 577.  606 

Governor,   reports  departments,   etc..   legislature,   transmitted    (see.    16),    578,  607 

(Jovernor,   vacancy  in   certain  offices    (sec.   14) 577-578,  607 

"Great  Seal"  attached  to  all  commissions    (sec.   9) 577,  607 

"Great  Seal,"  governor  keeper   (sec.  8) 577,  607 

Gubernatorial  succession   (sees.   11,   12   and  13) 577,  607 

Information,  executive  officers,  governor  commands   (sec.  4) 577,  606 

Legislature  adjourned  by   governor    (sec.   6) 577,  606 

Legislature  convened  by  governor   (sec.  5) 577,  606 

Legislature,  joint  ballot,   determines  tie  vote  state  office    (sec.   2).  .    576—577,  606 

Lieutenant  governor  president  of  senate,   votes    (sec.   12) 577,  607 

Member  of  Congress,   not  governor    (sec.   10) 577,  607 

Members  of  executive  department,  how  chosen   (sec.  1) 576,  605 

Members  of  executive  department,   officers    (sec.    1) 576,  605 

Messages  to  legislature  from  governor    (see.  5) 577,  606 

Officer  of  United   States,   not  governor    (see.   10) 577,  607 

Officers   (executive)   receive  compensation,  unchanged  during  tei-m    (sec. 

15)      578,  607 

Officers,   members  of  department    (sec.    1 ) 576,  605 

Officers,  etc.,  report  governor    (sec.   16) 578,  607 

Pardon  power  lodged  with  governor   (sec.   7) 577,  606 

President  pro  tempore,  chosen  by  senate   (sec.   12) 577,  607 

President  senate  succeeds  to  governorship    (sec.   11) 577.  607 

President  senate   (pro  tern.)  becomes  governor   (sec.   13) 577,  607 

Recommendation,  governor  in  writing  to  legislature    (sec.   5) 577,  606 

Secretary  of  state  countersigns  commissions   (sec.  9) 577,  607 

Session  legislature  convened  by  governor    (sec.   5) 577,  606 

Speaker  house  of  representatives,   governor    (sec.    13) 577,  607 

State  canvassers  how  con.stituted,  duties,  board    (sec.  2) 575-577,  606 

State  institution  officers  report  governor   (see.   16) 578,  607 

State  officer  chosen  by  legi.sl.'iture,  tie  vote    (sec.  2) 576—577,  606 

Supreme  executive  power  vested,  governor   (sec.   3) 577,  605 

Term  of  office,  two  years    (sec.   1 ) 576,  60S 

Tie  for  state  office,   legislature  chooses    (sec.   2) 576-577,  606 

Vacancy,    attorney-general,   filled    (sec.    14) 577-578,  607 

Vacancy,    auditor,    filled    (sec.    14) 577-578.  607 

Vacancy,  governorship,   how  filled    (sec.   11 ) 577—607 

47 — 778 


'38  Analytical  Index. 

ExECTTivE — concluded.  pages 

Vacancy,   secretarj-  of  state,  filled    (sec.   14) 577—578,  607 

Vacancy,    superintendent   instruction,    filled    (sec.    14) 577—578,  607 

Vacancy,  treasurer,  filled   (sec.   14) 577—578,  607 

Finance  and  Taxation.      (See  art  11,  constitution) 585-586,  634-637 

Amount  for  which  public   debt   contracted    (sec.   5) 586,  637 

Annual  tax  to  pay  public  debt    (sec.  5) 586,  637 

Assessment  and  taxation  rate  uniform  and  equal   (sec.   1) 585,  634 

Assets  of  banks  and  bankers  taxed    (sec.   2) 535-586,  636 

Banking  property,   equal,   taxation,  burden    (sec.   2) 585-586,  636 

Banks  and  bankers,   all  assets  taxed    (sec.   2) 585-586,  636 

Benevolent  and  charitable  property  exempt,  taxation   (sec.  1) 585,  634 

County  property  exempt  from  taxation   (sec.   1) 585,  634 

Debt,   annual  tax   appropriated  to  pay    (sec.   5) 586,  637 

Educational  body's  property   exempt   taxation    (sec.    1) 585,  634 

Expenses    (extraordinary),   ground  for  public  debt    (sec.   5) 586,  637 

Expenses  for  two  years,  legislature  provides  revenue,   current,    (sec.  3, 

amended)    636 

Expenses,  yearly,  legislature  provided  revenue,   current    (sec.  3,  orig.),  586 

Improvements   (public)    ground  creating  public  debt    (sec.   3) 586,  637 

Law  creating  debt  ratified  by  people   (sec.  6) 586,  637 

Legislature  after  popular  affirmative  vote  creates  debt    (sec.   6) 586,  637 

Legislature,  proceedings  to  contract  public  debt    (sec.   5) 586,  637 

Legislature  provided  revenue,  current  expenses  yearly  (sec.  3,  orig.)  .  .  586 

Legislature    provides    revenue,    current    expenses    two    years    (sec.    3, 

amend.)     636 

Legislature  provides  taxing  assets,  banks  and  bankers   (sec.  2).  .  .    585—586,  636 

Literary  society's  property  exempt,   taxation   (sec.   1) 585,  634 

Municipality  property  exempt,   taxation    (sec.   1) 585,  634 

Notes  and  bills,  banks  and  bankers,  taxed    (sec.   2) 585—586,  636 

Object,   levied  tax  applied   to    (sec.   4) 586,  636 

Property,   certain  purposes  exempt  taxation    (sec.    1) 585.  634 

Public  debt,   purposes,   amount,   requirements    (sec.   5) 586,  637 

Purposes,   public   debt   contracted    (sec.    5) 586,  637 

Rate  of  assessment  and  taxation   (sec.   1) 585,  634 

Religious  society  property  exempt  from  taxation   (sec.  1 ) 585,  634 

Revenue,    current    expenses,    two   years,    legislature    provides    (sec.    3, 

amend.)     586 

Revenue,  current  expenses  yearly,  legislature  provided   (sec.  3,  orig.)  .  .  586 

Requirements,  law  levying  tax   (sec.  4) 586,  636 

Scientific  society  property  exempt,  taxation    (sec.   1) 585,  634 

State  borrows  money,   what   purposes    (sec.   7) 586,  637 

State  contracts  debt  for  what,  amount,  etc.    (sec.  5) 586,  637 

State  property  exempt,   taxation    (sec.   1) 586,  634 

State  shall  not  engage  in  internal  improvements   (sec.  8) 586,  637 

Tax  applied  to  object  for  which  levied   (sec.  4) 586,  636 

Tax  levied  pursuant  to  law   (sec.  4) 586,  636 

Taxation,  certain  property,  exempted   (sec.   1) 585,  634 

Taxation  rate,  legislature,  assessment   (sec.   1) 585,  634 

Taxes  not  postponed  or  diminished   (sec.  5) 586,  637 

-TtrciCiAL.      (See  art.   3,   constitution) 580-582,  619-625 

Appeals,  probate  and  justice,  to  district  court   (sec.   10) 581,  623 

.\ppellate  jurisdiction  provided  by  law    (sec.   3) 580,  620 

Bar  elect  district  judge  pro  tern,  when    (sec.  20) 582,  625 

Chief  justice  and  associates  constituted  supreme  court   (sec.  2,  orig.)..  580 

Chief  justice  elected  by  people    (sec.  2,  orig.) 580 

Chief  justice  is  senior  justice   (sec.  2,  amend.) 620 

Clerk  district  court  elected,  every  organized  county   (sec.   7) 581,  622 

Clerk  district   court,   term,   duties    (sec.   7) 581,  622 


Analytical  Index.  739 

Judicial — continued.  pages 

Clerk  supreme  court  appointed  by  justices    (sec.  4) 580.  621 

Composition  supreme  court  wa.?  chief  justice  and  two  associates  (sec.  2, 

orig. )     580 

Composition  of  supreme  court  is  seven  justices   (sec.  2,  amend.) 620 

County,    clerk  district   court   elected,   organi2ed    (sec.    7) 581,  622 

County  probate  court,   court  of  record    (sec.   8) 581,  622 

Courts  inferior,   supreme  court  created,   how    (sec.   1) 580,  619 

Courts  of  record  authenticate  process,  seal    (sec.   1) 580,  619 

District  court  held  where  and  when   (sec.  5) 581,  621 

District   courts,    appeals,   probate  and  justices'   courts    (sec.   10) 581,623 

District  courts,  jurisdiction  within   respective  districts    (sec.   6) 581,  621 

District   courts,   power   inferior   supreme   court    (sec.    1) 580,  619 

Division,  supreme  court  determines  cases   (sec.  2,  amend.) 620 

Electors,  state,   choose  members  supreme  court    (sec.   2) 580,  620 

Governor  fills  vacancy,  judicial  office,  etc.    (sec.   11} 581,  623 

Increase   number  of  districts    (sec.    14) 581,  624 

Judge   (district),  elected  by  people   (sec.  5) 580-581,  621 

Judge  holds  probate  court    (sec.   8) 581,  622 

Judge  j)ro  tern  elected  by  district  bar   (sec.  20) 582,  625 

Judges,  courts  of  record,  jurisdiction  at  chambers    (sec.   16) 581—624 

Judicial  districts  increased   in   number    (sec.    14) 581,  624 

Judicial  officers  hold   until   successors   qualify    (sec.    12) 581,  623 

Judicial  officers   resident,    where    (sec.    11) 581,  623 

Judicial  power  in  supreme  and  inferior  courts    (sec.   1) 580,  619 

Jurisdiction,  supreme  court,  co-extensive  with  state   (sec.  3) 580,  620 

Justices  and  judges,  fees,  etc.    (sec.   13) 581,  624 

Justices'  courts,  to  district  court,  appeals,  probate  and   (sec.  10) 581,  623 

Justices'   jurisdiction    at    chambers    (sec.    16) 581,  624 

Justices  of  peace,   number,   election,   etc.    (sec.   9) 581,  623 

Justices  of  peace,  inferior  to  supreme  court   (sec.   1) 580.  619 

Justices  supreme  court  and  district  judges  removed,  etc.    (sec.   15)  ....  581,  624 

Justices  supreme  court  and  district  judges,  compensation,  etc.   (sec.  13),  581,  624 

Justices  supreme  court,  seven    (sec.  2,   amend.) 620 

Justices  supreme  court  were  two  and  a  chief  (sec.  2,  orig.) 580 

Legislature  provides  for  probate  judge  pro  tern.    (sec.  8,   amend.) 622 

Members  supreme   court  chosen  by  people    (sec.   2) 580,  620 

New  or  unorganized  counties  attached,  where  (sec.  19) 582,  625 

Original  jurisdiction,  supreme  court,   habeas  corpus   (sec.   3) 580,  620 

Original  jurisdiction,   supreme  court,   quo  warranto,  etc.    (sec.   3) 580,620 

Power  vested   in  supreme  court  and  inferior  courts   (sec.   1) 580,  619 

Presiding  judge,  division  supreme  court,  senior   (sec.  2,  amend.) 620 

Probate  court  consists  of  one  judge,  chosen  by  people   (sec.  8) 581,  622 

Probate  courts,   inferior  to  supreme  court    (sec.   1) 580,  619 

Probate  judge  tva«  own  clerk    (sec.   8,   orig.) 581 

Probate   and  justices'   courts   appeals,   district  court    (sec.    10) 581,  623 

Probate  jurisdiction,  estates  deceased  persons,  etc.   (sec.  8) 581,  622 

Process,  courts  of  record  authenticated  under  seal   (sec.   1) 580,  619 

Process,  "The  State  of  Kansas"  style  of  all   (sec.   17) 581,  624 

Quorum  of  supreme  court   (sec.  2,  amend.) 620 

Quorum  of  supreme  court   (sec.  2,  orig.) 580 

Quorum  of  each  division  supreme  court   (sec.  2,  amend.) 620 

Reporter  supreme  court  appointed  by  justices   (sec.  4) 5S0.  621 

Seals,   process,   courts  record  authenticated  under    (sec.  1) 580,  619 

Senior  justice,  chief  justice   (sec.  2,  amend.) 620 

State  divided  into  judicial  districts    (sec.   5) 580,  621 

Style  of  all  process,   "The   State  of  Kansas"    (sec.   17) 581,  624 

Successors  qualify,  judicial  officers  hold  until    (sec.   12) 581,  623 

Supreme  court  may  sit  in  two  divisions   (sec.  2,  amend.) 620 


740  Analytical  Index. 

Jluicial — cotu'luilefl.  pages 

Supreme   court,    superinr   to   otlu-r   courts    (^sec.    1  ) 580,  610 

Term,   supreme   court   justices,    six   years    (sec.    2) 580,  620 

Term,    supreme   court,    annua!    (sec.    3) 580,  620 

Terms  of   supreme  court,    other    (sec.   3) 580,  620 

Territory,    first   judicial   district    a))portionment    (sec.    18) 582,625 

"The  State  of  Kansas"  style  of  all  process   (sec.   17) 581,  624 

Vacancy  judicial  office,   sovernor's  aijpointment    (sec.   11) 581.  623 

Legislative.      (See   art.    2,    constitution) 578-580,  608,  619 

Acceptance,  United  States  office  vacates  legislative  seat   (sec.   5) 578,  609 

Acceptance,   election  Congress  vacates  legislative  seat    (sec.   5) 578,  609 

-Vdjournment  legislature  as  veto    (sec.    14) 579,  610 

.Vdjournment  legislature,   how   long    (sec.    10) 578—579 

Amendment  of  law,  how  made    (sec.  16) 579,  611 

Appropriation  is  for  two  years   (sec.  24,  amend.) 617 

Appropriation  was  for  one  year    (sec.   24.  orig.) 580,  618u 

Bill,  law  enacted  only  by    (sec.  20) 579,  617 

Bill  or  joint  resolution  sent  to  governor    (sec.    14) 580,  610 

Bills  originate  in  either  house   (sec.   12,  amend.) 610 

Bills  originated  in  house  of  representatives    (sec.   12,   orig.) 579,  610» 

Bills,   subjects   and   titles    (sec.    16) 579,  611 

Capital,  sessions  legislature  held  state   (sec.  25) 580,  618 

Census,   legislature  provides  for   decennial    (sec.   26) 580,  618 

(Compensation,  legislator,  gross  amount,  regular,  special  session  (sec.  3),    578,  609 

Compensation,  mileage  and  per  diem,   legislators    (sec.   3) 578,  609 

Conviction,   embezzlement  o-r   misuse  public   funds   disqualifies  legislatoi' 

(sec.   6)    578,  609 

County,   representation   in  house,   organized    (sec.   2,   amend.) 609 

County  tribunals'   powers  granted  by  legislature    (sec.   21) 579,  617 

County,  voting  population,  one  representative   (sec.  2,  amend.) 609 

Courts  decide  when  law  is  special   (sec.  17,  amend.) 614 

Divorce  power  vested  in  district  courts   (sec.   18) 579,  616 

selector  and  resident  of  county  or  district,  legislator   (sec.  4) 578,  6U9 

p]mergencies   declared,    how    (sec.    16) 579,  611 

Enacting  clause  of  laws    (sec.   20) 579,  617 

Enactment  of  law  by  bill    (sec.   20) 579,  617 

Governor  may  veto  appropriation  bills  by  items   (sec.   14,  amend.) 611 

Governor  signs  or  vetoes  bills    (sec.   14) 579,  610 

Governor's  retention  as  signing    (sec.   14) 579,  610 

House  and  senate,  supreme  legislative  power    (sec.    1) 578,  609 

House  establishes  own  rules,  each    (sec.   8) 578,  609 

House,  judge  election,   etc.,  own  members,  each    (sec.   8) 578,  609 

Impeachment,  house;  trial  and  conviction,  senate   (sec.  27) 580,  618 

Institutions,  levy  permanent,  state  education    (sec.   30) 619 

•lournal  kept  and  published  by  each  house   (sec.   10) 578-579,  610 

Journal  of  proceedings,  each  house  keeps  and  publishes  (sec.  10)  .  .    573—579,  610 

Journal,  yeas  and  nays  entered  on   (sec.   10) 578-579,  610 

Law  enacted  by  bill   (sec.  20) 579,  61  7 

Law,  how  amended  oi-  revived    (sec.   16) 579,  611 

Law  is  special,  courts  decide  when   (sec.  17,  amend.) 614 

Law.s,  general,  have  uniform  operation   (sec.  17) 579,  614 

Laws,  special,  enacted  when   (sec.   17) 579,  614 

Legislative  power  vested  in  house  and  senate   (sec.   1) 579,  609 

Legislator  may   protest,    proceedings    (sec.    11 ) 580,  610 

Legislators'   privileges    (sec.   22) 579-580,  617 

Legislature  may  levy  permanent  tax  educational  institutions   (sec.  30)  .  .  619 

I.iegislature  forbidden   school  discrimination  between   sexes    (sec.   23)...    580,617 
Legislature  grants  county  tribunals  powers    (sec.   21) 579,  617 


AXALYTICAL   InDEX.  741 

Legislative — concluded.  pages 

Legislature  provides  election,  appointment  officers   (sec.   19) 579,  616 

Legislature  provides  for  decennial  census   (sec.  26) 580,  618 

Legislature  provides  for  filling  vacancies    (see.   19) 579,  616 

Majority  each  house,  quorum    (sec.  8) 578,  609 

Member  of  Congress  ineligible  to  legislature    (sec.   5) .">78,  609 

Member  of  legislature,  elector  and  resident  (sec.  4) 578,  609 

Money  paid  on  specific  appropriation  only    (sec.  24) 580,  617 

Officer  of  United  States  ineligible  to  legislature   (sec.   5) 578,  609 

Officers,   oath  or  affirmation    (sec.   7) 578,  609 

Officers  subject  to  impeachment,  etc.,  constitutional   (sec.   28) 580,  618 

Operation  general  laws  uniform    (sec.    17) 579,  614 

Person  convicted   embezzlement,  public  funds,   disqualified    (sec.   6)....    578,609 

Power  of  impeachment,  house  of  representatives    (sec.   27) 580,  618 

Powers  gra^nted  county  tribunals  by  legislature  (sec.  21) 579,  617 

Privileges   of   legislators    (sec.    22) 579—580.  617 

Publication  of  general  laws,  effect    (sec.   19) 579.  616 

Quorum  each  house,  a  majority    (sec.  8) 578,  609 

Reading  bills,   both  houses,   proceedings    (sec.    15) 579,  611 

Reading  bills  by  sections,  both  houses   (sec.  16) 579,  611 

Representatives  after   first  legislatui-e,   number   limited    (sec.   2,   orig.),    578,  609n 

Representatives  in  first  legislature,   uiimber,  term    (sec.   2.  orig.) 578,  609?i 

Representatives,  number  fixed  by  law,  limited  125    (see.  2,  amend.)  ....  609 

Resident  county  or  district  from  which  elected,  legislator   (sec.   4) 578,  609 

Revival  of  law,  how  made    (sec.   16) 579,  611 

School  discrimination  between  sexes  forbidden  legislature    (sec.   23)...    580.617 

Senators   after  first   election,   number    (sec.   2.   orig.) 578,  609h 

Senators  in  first  senate,  number,  term   (sec.  2,  orig.) 578,  609?i 

Senators,   number  fixed  by  law.   limited  40    (sec.  2,   amend.) 609 

Senate  and  house,  supreme  legislative  power   (sec.   1) 578,  609 

Senate  tries  impeachment,  convicts  by  two-thirds  senators  elected   (sec. 

27)      580,  618 

Sessions  are  bienniaUj/.  odd-numbered  years,  regular,   sec.   25,  amend.),  618 

Sessions  legislature  held  at  state  capital    (sec.  25) 580,  618 

Sessions  ivere  annitaUy  second  Tuesday  of  January,  regular    (sec.   25, 

orig.)     580 

Sexes   forbidden   legislature,   school   discrimination  between    (sec.   23)  .  .    580,  617 

State  officers,   oath  or  affirmation  taken    (sec.    7) 578,  609 

Subjects  and  titles  of  bills   (see.  16) 579,  611 

Time  laws  go  into  effect,  publication   (sec.  19) 579.  616 

Titles  of  bills,  subjects  and    (sec.   16) 579,  611 

Vacancy   in  legislature,   filled  by  election    (sec,   9) 578.  609 

Veto  of  bill  by  governor   (sec.  14) 579,  610 

Vote  sending  bills  to  governor    (sec.   13) 579,  610 

Year,    representatives'  term  two  years,  elected  even  numbered   (sec  29),  618 

Year,  senators'  term  four  years,  elected  even-numbered   (see.  29) 618 

Yeas  and  nays  entered  on  journal   (sec.   10) 578—579,  610 

Militia.      (See  art.   8,   constitution) 584.  631-632 

"Calling    out"     (sec.    4) 584.  632 

Commission,  etc.,  of  officers   (sec.   3) 584.  632 

Composition  of  militia  is  (sec.  1,  amend.) 632 

Composition  of  militia  was   (sec.  1,  orig.) 584,  632n 

Conscience,   scruples  of    (sec.   1) 56-1,  631—632 

Governor  commander-in-chief    (sec.  4) 584.  632 

Legislature  organizes,  equips  and  disciplines,  limitation   (sec.  2)..    584,631-632 

Officers  commissioned,   etc.    (sec.   3) 584,  632 

Organization,    etc.,   legislature  with  limitation    (sec.   2) 584,  631-632 

Power  of  governor  over    (sec.   4) 584,  632 

Scruples  of  conscience,  exempts   (sec.  1) 584.  631-632 


'42 


Analytical  Index. 


PAGES 

Miscellaneous.      (See  art.   15,  constitution) 588-589,  643—647 

Accounts  published    (sec.   5) 588,  644 

Capital,  permanent    (sec.   8) 588,  645 

Capital,    temporary    (sec.    8) 588,  645 

Homestead  clause    (sec.   9) 588-589,  645  and  note 

Liquors,  prohibition  on  intoxicating    (see.   10) 647 

Lotteries  prohibited    (sec.    3) ^..  588,  644 

Manufacture  and  sale  of  intoxicating  liquors   (sec.  10) 647 

Minors,   mother's  rights  in    (sec.   6) ' 588,  644—645 

Officer,  salary  reduced,  when   (sec.  7) 588,  645 

Office,  tenure  of   (sec.  2) 588,  644 

Officers  provided  by  constitution  or  statute    (sec.    1) 588,  643 

Printing,  state  printer,  elected  by  legislature   (sec.  4,  first  amend.)...  644n 

Printing,  state  printer,  elected  by  people   (sec.  4,  second  amend.) 644 

Printing  was  by  contract,  public    (sec.  4,   orig.) 588,  644ii 

"Prohibition"    intoxicating   liquors    (sec.    10) 647 

Property,  women's  rights  concerning    (sec.   6) 588,  644—645 

Publication  of  accounts    (sec.   5) 588,  644 

Rights  of  ■women  assured    (sec.   6) 588,  644—645 

Salary   of  officer   reduced    (sec.    7) 588,  645 

Tenure  of  office    (sec.   2) 588,  644 

Women  assured,  rights  of    (see.   6) 588,  644—645 

Ordinance   (8  sees  )    574-575,  597-598 

Assertion  Kansas'  taxing-power   ("Whereas,"  No.  2) 574,  597 

Buildings    (public)    thirty-six  sections  land    (sec.   3) 574,  598 

Common  school  fund,  5  per  cent  land  sales   (see.  6) 574,  598 

Common   school   support    (sec.    7) 574,  578 

Congress  grants  sections  16  and  36   (sec.  1) 574,  597 

Half  million  acres,  support  common  schools   (sec.   7) 574,  578 

Institutions,  certain,  seventy-two  sections   (see.  4) 574,  598 

Recognition   government  ownership,   lands    ("Whereas,"   No.    1) 574,597 

Relinquishment  Kansas'  taxing  power,  proviso 574,  597 

Schools,  sections  16  and  36,  lands,  common   (sec.   1 ) 574,  597 

Selection,  lands  granted  state    (sec.   8) 575,  598 

University    (State),  seventy-two  sections  laud    (see.  2) 574,  598 

Works    (ptiblic  improvement),   salt  springs,   etc.    (sec.   5) 574,598 

Preamble    (one  paragraph)    575,  598 

Adoption    of    constitution,    formal 575.  598 

Boundaries  of  state 575,  598 

Public  In.stitutioxs.      (See  art.   7,   constitution) 584,  631 

Aged  cared  for  by  own  county   (sec.  4) 584,  631 

Blind,  institutions  for   (sec.  1) 584,  631 

County  cares  for  own  aged,   infirm,   etc.    (sec.   4) 584,  631 

Deaf  and  dumb,   institutions  for    (sec.   1) 584,  631 

Directors  penitentiary,  by  law   (sec.  2) .  .  584,  631 

Governor  appoints,  senate  approves,  trustees   (sec.  1) .  584,  631 

Governor  fills  vacancy  any  office   (sec.  3) 584,  631 

Infirm  cared  for  by  own  county  (sec.  4) 584,  631 

Insane,   institutions    (sec.   1) 584,  631 

Institutions,  benevolent,  state  supports   (sec.   1) 584,  631 

Penitentiary  established,  directors   (sec.  2) 584,  631 

Senate  approves  the  appointment  of  trustees  (sec.  1) 584,  631 

Trustees  appointed,  governor   (sec.  1) 584,  631 

Unfortunates  cared  for,  own  county   (sec.  4) 584,  631 

Vacancy  in  office,  filled   (sec.  3) 584,  631 

ReSOLUTIOMS   (seven  in  number) 591-592,  651 

Admission  desired  by  people  of  Kansas   (resolve  6) 591,  651 

Assumption  territory'  debt  by  Congress   (resolve  7) 592,  651 


AXALYTICAL    IXDEX.  743 

RESOLrTIOXS concluded.  PAGES 

Granting  swamp-lands,  common  schools   (resolve  3) 591,  651 

Guarantj   preemption  settlers'  rights,  state  lands   (resolve  5) 591,  651 

Land  grant,  improvement  Kansas  river,  Fort  Riley   (resolve  2) 591,  651 

Land  grant,   aid  to  raikoads,   etc.    (resolve   1) 591,  651 

Payment  commissioners'  award,  law  1859   (resolve  4) 591,  651 

Schedule    (25    sees.) 589-591,  647-650 

Admission  of  state  proclaimed,  etc.,  governor   (sec.  23) 591,  650 

Authenticated  copies  proclamation,  Washington   (sec.  22) 591,  650 

Bonds,  territory,  etc.,  to  state,  etc.  •(sec.  2) 589,  648 

Canvass  of  votes — transcript   (sec.  19) 590,  650 

Change  in  government  leaves  rights,  etc.    (sec.   1) 589,  648 

Counting  the  vote   (sec.   17) 590,  649 

County  lines  unchanged  by  first  legislature   (sec.  24) 591,  650 

Court  records  and  documents  (sec.  7) 589,  648 

Effect  of  change  of  government    (sec.   1) 589—648 

Election  officers  and  oaths   (sees.  13  and  14) 590,  649 

Pines,  penalties,  etc.,  inure  state  or  county  (sec.  2) 589,  648 

First  election  of  officers,  etc.    (sec.   11) 589-590,  649 

Governor  uses  private  seal  for  "Great  Seal"   (sec.  5) 589,  648 

"Homestead"  voted  separately   (sec.  25) 591,  650 

Manner  of  voting   (sec.  10) 589,  649 

Persons  qualified  to  vote  (sec.  12) 590,  649 

Polls  open,   when   (sec.   15) 590,  649 

Poll   books    (sec.    16) 590,  649 

Poll  books  and  tally  lists   (sec.   18) 590,  649-650 

Proclamation  of  result   (sec.   21) 591,  650 

Ratification  or  rejection  of  constitution    (see.   9) 589,  649 

State  canvassing  board   (sec.  20) 590-591,  650 

State  officers  keep  offices,  state  capital    (sec.  6) 589,  648 

Suits  and  proceedings    (sec.   8) 589,  648-649 

Territorial  laws  continue  state  laws    (sec.   4) 589,  648 

Territorial  officers   continue  state  officers    (sec.   3) 589,  648 

Si'FFRAGE.      (See  art.  5,  constitution) 582-583.  627-628 

Absentees,  certain  occupations  vote   (sec.  2,   amend.) 628 

Bribery  disqualifies  from  holding  office   (sec.   6) 582,  628 

Duelling,  ineligibility  to  office  (sec.  5) 582,  628 

Elector  is  "V.  S.  citizen''   (sec.  1,  amend.) 627 

Electors'  privileges  attending  election    (sec.   7) 583,  628 

Elector    was    "white,"    "male,"    "declared    intention,"    "U.    S.    citizen" 

(sec.  1,  orig.) 582,  627ji 

Occupations  may  not  affect  suffrage  right  (sec.  3,  amend.) 628 

Persons  excluded  from  voting    (sec.   2.   amend.) 627 

Persons  excluded  from  voting    (sec.   2,   orig.) 582,  627n 

Persons  acquiring,  losing  residence  or  vote  (sec.  3,  amend.) 628 

Persons  not  acquiring  residence  or  vote   (sec.  3,  orig.) 582,  628?! 

Proofs  of  right  of  suffrage  (sec.  4) 582,  628 

Suffrage  not  abridged  because  of  sex   (sec.  8,  added) 628 


GENERAL  INDEX. 


^-  PAGES 

"Added  to  the  Stars" 672 

Addresses — 

Reeves,    Nebraska    205-212 

Taylor,    Nebraska     212-219,  239-240 

Adjournment    sine    die 573 

Adopted  constitution 574-592 

Adoption  of  constitution,  popular  vote 671 

Adoption  of  homestead  clause,   popular   vote 671 

Affiliations,  political.      (See  "members,  etc.") 
Ages  of  members.      (See  "members,  etc.") 

Amendments — Debates  on  Article   14 270,  307-308,  512,  554 

Amendments    Proposed — 

Constitutional    convention     proposals table  4.  494:  table  5,  595  :  596 

Pending,   table   2,    "Appendix   A" 594.  596 

Classifications  of  propertj-  for  taxation,  chap.  335,  Laws  of  1919 594 

Farm  homes,  state  aid  for  purchasing  (see  "state  aid,  etc.,"  this  title). 
Homes,  state  aid  for  purchasing  farm  (see  "state  aid,  etc.,"  this  title). 
Propertj'   for  taxation,   classification   of    (see   "classification  of  property, 

etc.,"   this  title). 
Road  building,    state  engages  in    (see   "state  engages,    etc.,"    this   title). 

State  aid  for  purchasing  farm  homes,  chap.  331,  Laws  of  1919 594 

State  engages  in  road  building,  chap.  331,  Laws  of  1919 594 

Taxation,    classification   of   property    for    (see    "classification,    etc.,"    this 
title). 

Popular   vote   on table  3,  594 ;  table  5,  595  ;  596 

Rejected    (see    "Appendix   A") table  3,  594  ;  table  5,  595  ;  596 

Amendments  to  the  Constitution — 

Adopted,    table    1,    "AppendLN;   A,"    593-594;    table    5,    595:    596;    notes   to 

various  sections  amended. 
Aliens,  property  rights   (see  "property  rights,  etc.,"  this  title). 
Bank  notes,   denomination,   No.   1,  table   1,   593;   No.    1,   table   5,    595;    596; 

note  sec.  7,  art.  13,  643. 
Bill  of  Rights,  No.  12,  table  1.  593  ;  No.  18,  table  5,  595  ;   596  ;   note  sec.  17 

B.  of  R.,  604. 
Bills,  origin  of  (see  "origin,  etc.,"  this  title). 
Bills,   signing  of   (see   "signing,  etc.,"   this  title). 
Citizens,  property  rights   (see  "property  rights,  etc.,"  this  title). 
County  officers,  election   (see  "election,  etc.,"  this  title). 
Denomination,  bank  notes   (see  "bank  notes,  etc.,"  this  title). 
Disqualification,  electors   (see  "electors,  etc.,"  this  title). 
Education,  permanent  income  for    (see   "income,   etc.,"  this  title). 
Election,  county  officers.  No.  11,  table  1,  593;  No.  16,  table  1,  593;  No.  13. 

table  5,   595;   No.   26,   table  5,   595;    596;   notes  to  former  sees.   3   and  4. 

art.  9,  633:  notes  to  sec.  2,  art.  4,  626. 
Elections,  general  and  township    (see  "elections,  etc.,"   this  title). 
Elections,  general  and  township.  No.   16,  table  1,  593;   No.  26.  table  5,  595: 

596;   note,  sec.  2.   art.   4.   626. 
Electors  disqualified.  No.  4.  table  1.  593:  No.  4,  table  5.  595:  596:   note,  sec. 

2,  art.  5.  627-628. 
Electors,  qualifications  of   (see  "qualifications"  this  title). 
General  laws   (see  "uniform  general,  etc.,"  this  title). 
General  and  township  elections    (see  "elections,   etc.."   this  title). 

(745) 


746  General  Index. 

Amendments  to  the  Coxstitutiox — concluded. 

Income,  permanent  educational,  No.  24,  table  1,  593;  No.  38,  table  5,  595; 

596;  note,  sec.  30,  art.  2,  619. 
Legislature  elects  state  printer,  No.   5,  table  1,   593  ;   No.   18,   table   1,  593 ; 

No.  7,  table  5,  595;  No.  28,  table  5,  595;  596;  note  to  sec.  4,  art.  15.  644. 
Legislature,  sessions  of   (see  "sessions  legislature,"  this  title). 
Legislators'   terms,   No.   8,   table   1,    593;   No.   10,   table   5,    595;    596;    note, 

sec.  29,  art.  2,  618. 
Liability  of  stockholders,  No.  20,  table  1,   593;  No.  30,   table  5,   595;    596; 

note,  sec.  2,  art.  12,  639. 
Liquors,  prohibition,   intoxicating    (see  "prohibition,   etc.."   this  title). 
Militia,  No.  14,  table  1,  593;   No:  19,  table  5,   595;   596;   note,  sec.  1,   art. 

8,  632. 
Number  of  senators  and  representatives.  No.  6,  table  1,  593  ;  No.  8,  table  5, 

595;  596;  sec.  2,  art.  2,  609. 
Officers,  recall  of  public   (see  "recall,  etc.."  this  title). 
Origin  of  bills,  No.  2,  table  1,  593;  No.  2.  table  5,  595;   596;   sec.  12,  art. 

2,  610. 
People  elect  .state  printer.  No.   18,  table  1,   593:    No.  28,  table  5,   595;    596; 

note  to  sec.  4,  art.  15,  644. 
Probate  court.  No.  21,  table  1,   593;   No.   31,  table  5,   595;   596;   note,   sec. 

8,  art.   3,   622. 
Prohibition,    intoxicating  liquors,    No.    12,    table   1,    593 ;    No.    16,    table    5, 

595;  596;  note,  sec.  10,  art.  15,  647. 
Property  rights,  citizens  and  aliens.   No.  12,  table   1,   593;   No.   18,  table  5, 

595;   596;  note,  sec.  17,  bill  of  rights,   604. 
Qualifications  of  electors.  No.  25,  table  1,   593;  No.   39,  "table  5,   595;   596; 

note,  sec.  1,  art.  5,  627. 
Recall  public  officers.  No.  23,  table  1.  593  ;   No.  36,  table  5,  595  ;   596 ;   note 

to  sees.  3,  4  and  5,  art.  4,  626. 
Representatives,  number  of   (see  "number  of,  etc.,"  this  title). 
Revenue,  No.  9,  table  1,   593;   No.   11,  table  5,   595;    596;   note,   sec.   3.    art. 

11,  636. 
Sailors,  suffrage  assured    (see   "suffrage,  etc.,"   this  title). 
Senators,  number  of   (see  "number  of,  etc.,"  this  title). 
Sessions  legislature,  Xo.  7,  table  1.  593;  Xo.  9,  table  5,  595;  596;  note,  sec. 

25,  art.  2,   618. 
Signing  bills.  No.  17,  table  1,  593;  No.  27,  table  5,  595;  sec.  14,  art.  2,  611. 
Soldiers,  suffrage  assured  (see  "suffrage,  etc.,"  this  title). 
Special  laws   (see  "uniform  general,  etc.,"  this  title). 
State  printer,   legislature  elects    (see  "legislature,   etc.,"   and   "people  elect," 

this  title). 
Stockholders,  liability  of   (see  "liability,  etc.,"  this  title). 
Suffrage  assured  to  soldiers  and  sailors,  No.  3,  table  1,  593 ;  No.  3,  table  5, 

595;  596;  note,  sec.  3,  art.  5.  628. 
Suffrage,  woman's   (see  "woman's  etc.,"  this  title). 
Supreme  court.  Xo.  15.  table  1,  593;  Xo.  21.  table  5,  595;  596;  note.  sec.  2, 

art.  3,  620. 
Terms,  legislators   (see  "legislators."  this  title). 
Terms,  township  officers.  No.   16,  table  1,   593;   Xo.  26,  table  5,   595;   596; 

note  to  foi-mer  sec.  4,  art.  9,  633. 
Township,  elections,  general  and   (see  "elections,  etc.,"  this  title). 
Township  officers,  tenns  of   (see  "terms,  etc.,"  this  title). 
Uniform  general   and  special  laws,  No.   19,   table   1,   593;    No.   29.   table  5, 

595;  596;  note,  sec.  17,  art.  2,  614. 
Woman's  suffrage,  No.  22,  table   1,   593;   Xo.   35,  table  5,   595;    596;    note, 

sec.  8,  art.  5,  628. 


General  Index. 


t-±t 


PAGES 

Appendixes   . .  .  . • 593-727 

Appendix   A.      "Amendments   and    constitutional   convention    proposals    sub- 
mitted since  the  adoption  of  the   Constitution" 593—596 

General   notes    on 596 

Table  1,  Amendments   adopted    : 5,  593—594 

Table  2,  Amendments  pending    5,  594 

Table  3,  Amendments   rejected    5,  594 

Table   4,    Constitutional    convention    proposals 5,  594 

Table  5,   Amendments,   popular  votes 5,  595 

Appendix  B.      Constitution  of  the  state   amended  and   annotated 597—651 

Appendix  C.     The  Wyandotte  Constitutional  Convention,  by  B.  F.  Simpson,   652—662 
Appendix  C-2.    The  Wyandotte  Constitutional  Convention,  by  John  A.  Martin,   663—675 

Appendix  D.     Sources  of  the  Constitution,  by  Rosa  M.  Perdue 676—696 

Resume  of,  by  the  editor 695-696 

Appendix  D-2.     Sources  of  the  Constitution,  by  Robert  Stone 697—700 

Appendix  E.     The  Rejected  Constitutions,  by  T.  Dwight  Thacher 701-713 

The    Leavenworth    Constitution 706—707 

The   Lecompton    Constitution 707—713 

The  Topeka    Constitution 702-706 

Reasons    for   Kansas'    constitutional    failures 701—702 

Appendix  F.      Bibliography 715-727 

Apportionment  of  representation,  debates  on  article  10,  census  as  basis  for 66—  67 

357-361,  435,  475-482,  511,  518-519,  550 

Approval  and  verification  of  constitution 557 

Arthur,  J.  M.   (see  "members  of  convention"). 

"Article  sixteen"  renamed  "schedule,"   number  stricken  out 558 

Articles  of  the  constitution   (see  title  "constitution,"  subtitle  "articles"). 
Amendments    (art.  14).      (See  title  "Amendments.") 
Apportionment    (art.   10).      (See  title   "Apportionment.") 
Banks  and  currency   (art.  13).      (See  title  "Banks  and  Currency.") 
Bill  of  rights  (see  title  "Bill  of  Rights"). 
Corporations  (art.  12).     (See  title  "Corporations.") 

County  and  township  organization    (art.  9).      (See  title   "County  and  Town- 
ship Organization.") 
Education    (art.  6).     (See   title   "Education.") 
Elections   (art.  4).     (See  title   "Elections.") 
Executive   (art.  1).     (See  title   "Executive.") 

Finance  and  taxation    (art.   11).      (See  title   "Finance   and   Taxation.") 
Judicial    (art.   3).      (See  title   "Judicial.") 
Legislative  (art.  2).      (See  title  "Legislative.") 
Militia   (art.  8).      (See  title  "Militia.") 
Miscellaneous   (art.  15).      (See  title  "Miscellaneous.") 
Ordinance.     (See  title  "Ordinance.") 
Preamble.      (See  title  "Preamble.") 

Public  institutions  (art.  7).      (See  title  "Public  Institutions.") 
Resolutions.      (See  title  "Resolutions.")' 
Schedule.      (See  title  "Schedule.") 
Suffrage.      (See  title   "Suffrage.") 

Assumption   territorial    debts 493-494 

Attesting  clause — 

Burris',    adopted    559 

Lillie's,    rejected    558 

Authentication  of  constitution 518 

Authority    for    reprinting 4 

Avocations   (see  "members,  etc."). 


748 


General  Ixdex. 


B. 

Banks  and  Currency    (»Tt.   13).      (See  "discussion  of"   and   "reports  on"  under 

''Convention  Sessions"   and  "Committee  of  the  Whole") 79,  80.  80—94, 

105-110.  110-112.  375-379.  382-383, 
Barton.  J.  T.      (See  ""members  of  convention.") 

Basis  for  drafting  constitution 36—37, 

Basis    for    apportionment 37, 

Bennet    investigation    committee 

Bennet's  protest  rejected 

Bibliography,   '"Appendix  F" 

a.  United    States    histories 

b.  Debates  and  documents 

c.  Kansas   histories    

d.  General  articles 

e.  Topeka   Convention   and   Constitution 

/.    Lecompton   Convention   a-nd   Constitution 

<7.    Leavenworth  Convention   and   Constitution 

h.    Wyandotte  Convention   and  Constitution 

i.     Biographical     

Bill    of    Rights 78,  184-186,  187-189.  271-291.  460-465, 

Blanehard.  J.  L..  elected  assistant  secretary 

Blood,  J.   (see  ""members  of  convention"). 

Blood.  X.  C.   (see  "'members  of  convention"). 

Blunt.  J.  G.  (see  ""members  of  convention""). 

Boundaries    (see   "northern  boundary."    ""western  boundary,"    and   '"preamble"). 

Brown,  F.   (see  "members  of  convention"). 

Burnett,  J.  C.   (see  ""members  of  convention"). 

Burris,  J.  T.   (see  ""members  of  convention"). 

Business  suspended  to  preserve  order 


PAGES 

96-104 
552-554 

38-  39 

66,     67 

373 

265-269 

715-727 

715-716 

715 

716-717 

717-71S 

718-720 

720-721 

721-722 

721-724 

724-727 

535—537 

20 


CALENDAR  OF  C0N\'F:NTI0N. 


Day  of 
Session. 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 


Day  of  Week. 


Tuesday . . . 
Wednesday 
Thursday .  . 
Friday .... 
Monday. . . 
Tuesday . . . 
Wednesdav 
Thursday.' 
Friday 
Saturday 
Monday.  .  . 
Tuesday. . 
Wednesday 
Thursday . 
Friday .  ' 
Saturday 
Monday. 
Tuesday .  .  . 
Wednesday 
Thursday . . 
Fridav.    .  . 


Month. 


Day  of 
month. 


Year. 


July 

5 

July      j 

6 

July 

7 

July 

8 

July 

11 

July 

12 

July 

13 

Julv 

14 

July      1 

15 

July 

16 

Julv 

18 

Julv 

19 

Julv      1 

20 

July      ' 

21 

Julv  : 

22 

Julv      1 

23 

July 

25 

Julv 

26 

Julv 

27 

July      1 

28 

July      ! 

29 

1859 
1859 
1859 
1859 
1859 
1859 
1859 
1859 
1859 
1859 
1859 
1859 
1859 
1859 
1859 
1859 
1859 
1859 
1859 
1859 
18.59 


Page  to 
page. 


-  25 

25-  34 

34-  52 

52-  68 

69-  95 

95-122 

1"2"2-147 

148-183 

184-224 

224-264 

265-305 

305-329 

329-361 

362-383 

384-434 

434-460 

460-471 

471-498 

498-519 

519-544 

545-573 


Capital,    lucation    of 396-402.  442-455 

Chairmen,  committee  of  the  whole  (see  "committee  of  the  whole,  etc."). 

Certificates  of  election  submitted 15-  16 

Chair  presented   President   Winchell 572 

Claims  report,  commissioners  of 403-430 

Commercial    Gazette 08 


General  Index.  749 

Committees  of  the  Coxvestion,  Special —  pages 

Accounts,    announced,    and  reports 95,  54. > 

Bennet.    appointed,    reports 363,  371 

Credentials,   named    "-1 

Hutchinson  perjurv,  appointed,  reports 477,  508—511 

Northern    boundary     122 

Printing,    appointed    33 

Printing    (Ross)    motion -102 

••Scullduggery,"  members  of,  provisions  for,  reports,  scope  extended,   396.  431.  433,  467 

"Woman's  rights  special,   report 169—170 

Committees  of  the  Coxvextiox.  St.^xdixg — 
Articles'  debate : 

Accounts     7  <  — 7•'^ 

Amendments     191.  270-271,  511-517 

Apportionment     357-358,  511—517 

Banks    and    currency 375—379,  382—383 

Bill  of  rights  (see  "Preamble,  etc."'). 

Corporations     374—375 

Countj-  and  township  organization 189-190.  197-200,  221.  378 

Education  and  public  institutions 170-171,  172,  431—402 

Electors    and    elections 191.  269-270,  297-307 

Executive      191.  346-347,  354-365 

Finance    and    taxation 191,  306— 3C7 

.Judiciary    14.5—147,  505—508,  511—517,  517 

Legislative 112-114 

MUitia     147 

MisceUaneous      191,  270-271,  320-335,  511-517 

Ordinance     363-365.  371,  433.  460,  499-500 

Ordinance  memorial    498—505 

Membership  of: 

Amendments    and    miscellaneous 69 

Apportionment    68 

-Vrrangement    (see  "phraseology,  and"). 
Banking     (see    "corporations    and"). 
BiU  of  rights  (see  "preamble  and"). 

Corporations  and  banking 68 

County   and  township  organization 68 

Education  and  public  institutions 68 

Electors    and    elections 68 

Executive    department     68 

Federal  relations 69 

Finance  and  taxation .  69 

.Judiciary    68 

Legislative    *yS 

Militia     68 

Miscellaneous    (see    ""amendments   and"). 

Ordinance   and  public   debt 68 

Phraseology  and  arrangement 69 

Preamble   and   bill   of   rights 68 

Public   debt   (see  "ordinance  and"). 
Public  institutions   (see  "education  and"). 

Schedule     68 

Taxation    (see   "finance   and"). 
Township  organization  (see  "county  and"). 
Phraseology  and  arrangement,  reports: 
Appointed.  69:  increased.   402. 

-Vmendments     512,  517 

Apportionment    511 

Banks    and    currency 375,  383 

Bill    of    rights 461 


750  General  Index. 

Committees  of  the  Convention,  Standing — concluded.  pages 

Corporations     374—375 

County  and  township  organization 373—374 

Education 431-432,  434 

Elections 512 

Executive    466-467 

Finance  and  taxation 471 

Judicial     473-474 

Legislative    471-473 

Militia     372-373 

Miscellaneous    456,  460,  512 

Ordinance    433 

Preamble  and  bill  of  rights 219-221,  241,  461 

Public    institutions    432 

Resolutions    ( "memorial" )     511—512 

Schedule     190-191,  291,  491-498,  506 

Suffrage    270, 512 

Verification,   created    670 

Standing,    announced    , 52 

Verification   of  articles 535—544 

Committee  of  the  Whole — 

Amendments,    etc , 335—337 

Corporations  and  banking  committee  report   (Thacher,  chairman). 

Corporations     80—   84 

Banking    84-  94 

County  and  township  organization  report   (Hutchinson,  chairman),    195—196,  224—228 

Education  committee  report  (McDowell,  chairman) 172—174 

Education   (art.  6),  report  on   (McDowell,  chairman) 169 

Electors  and  elections    (Simpson,   chairman) 292—297 

Executive  department  (Burnett,  chairman) 348—354 

Judiciary    (Blunt,    chairman) 148—169 

Legislative  department  report  (Stiarwalt,  chairman) 115—121,  123—139 

Ordinance    (Palmer,    chairman) 365-371 

Preamble  and  bill  of  rights    (Stinson,   chairman)  .......    205-219,  229-240,  241-261 

Schedule    (Burris,    chairman) 200-204 

Schedule     (Foster,    chairman) 482,  491 

Committee  of  the  Whole — Sessio7i8,  Chairmen,  Subjects: 

1.  Thacher — Corporations    (art.    12),   Banks  and   Currency    (art.    13)....  80—  94 

2.  Thacher — Corporations   (art.  12),  Banks  and  Currency   (art.  13) 96—104 

3.  Stiarwalt — Legislative    (art.    2) 115-121 

4.  Hippie — Legislative    (art.   2) 123-134 

5.  Hippie — Legislative    (art.   2) 135-138 

6.  Blunt — Judicial    (art.   3) 148-156 

7.  McDowell — Education     (art.    6) 169 

8.  McDowell — Education    (art.    6) 172-174 

— Public   Institutions    (art.    7) 174-175 

9.  Hutchinson — County  and  Township  Organization   (art.  9) 195—197 

10.  Burris — Schedule     200-204 

11.  Stinson — Preamble     (northern    boundary) 205-219 

12.  Stinson — Preamble  and  Bill  of  Rights   (Boundaries) 229-240 

13.  Stinson — Preamble  and  Bill  of  Rights   (Great  Debates  on) 241-261 

14.  Simpson — Suffrage    (art.    5) 292-297 

15.  Slough — Amendments    (art.    14) 307-308 

— 'Miscellaneous    (art.   15),    (Homestead) 308-320 

16.  Barton — Amendments    (art.    14) 335-337 

17.  Burnett — Executive    (art.    1) 348-3'')l 

18.  Palmer — Ordinance     365-371 

19.  Foster — Schedule     482-491 

Common  schools  provided  for 698 


General  Index.  751 

PAGES 

Connelley,   William  E 6 

Contents,  table  of 3 

Constitution,  analytical  index  of 733—743 

Constitution    (see  title  "Amendments  to  the   Constitution"). 

Constitution    as    adopted 574-592 

Constitution   as   a  whole,   adopted 571 

Constitutional    convention    act 7-   11 

Constitution  referred  to  verification  committee 535 

Constitution   verified    and   approved    557 

Convention — 

"Calendar  of,  etc."    (see  that  title). 

Committee  of  whole  denied  leave  on   northern  boundary 261 

Committees,   list  of    68-  69 

Convention    accounts    committee     (Forman) 77,  78,     95 

Convention   act,   constitutional    7—   11 

Convention   printing    30 

"Counties  represented  in"    (see  that  title). 
"Members  of"    (see  that  title). 

Officers   of    18,  20,     22,     23 

Organization  of    15,     17—  36 

Records  of    559 

Rules  of    28-  29 

Simpson's  Wyandotte  Constitutional  Convention: 

Ages   of     652-654 

Avocations    of    652-654 

Counties  of 652-654 

Debaters     660 

Leaders  of  thought,  amongst 656-657 

Nativity   of    652-654 

New  men   and  old  stagers 654 

Old   stagers,    new  men   and 654 

Political   affiliations    652—654 

"Scullduggery"   investigation    661—662 

Subsequent   biography   of    660—661 

Territorial  legislators  amongst    655 

Thacher,  speech  on  "Freedom" 659 

Convention  Districts — 

No.  of  district.  Counties  in.                                                   No.  of  members. 

First     Leavenworth     10 

Second    Atchison     3 

Tliird    Doniphan     5 

Fourth    Brown    1 

Fifth     Nemaha    1 

Sixth     Marshall   and  Washington    (2) 1 

Seventh    Jefferson     1 

Eighth    Jackson    1 

Ninth Riley     1 

Tenth Pottawatomie     1 

Eleventh     .Johnson    2 

Twelfth    Douglas      7 

Thirteenth    Shawnee     3 

Fourteenth     Waubonsa,    Davis,    Richardson,    Dickinson    and 

Clay    (5)     •. 1 

Fifteenth    Lykins    2 

Sixteenth    Franklin     1 

Seventeenth     Osage,  Breckenridge  and  Wise   (3) 2 

Eighteenth    Linn     2 

Nineteenth Anderson    1 

Twentieth    Coffey  and  Woodson  (2 ) 2 


752  General  Index. 

CoxvBNTiox   Districts — eoncluded. 

No.  of  district.  Counties  in.  No.  of  members. 

Twenty-first      Madison,    Hunter,    Butler,    Greenwood,    Godfrey 

and   Wilson    (6) 1 

Twenty-second     Bourbon,   McGee  and   Dorn    (3) 2 

Twenty-third Mien     1 

CoKVKNTiON  Sessions —  pages 

Apportionment   committee's  report,   df'b;tte   on 475—482 

Authentication    of   the    constitution 518 

Capital   location    debate 396-402 

Debate   on    Stinson's   "Scullduggery"    motion 468—469 

Discussions     241,  261-292,  518,  535,  544-573 

Kansans'    claims    committee    report 402—430 

"Memorial"     (resolutions)     debate 499—505 

Ordinance's   recall,    debate    on 499—505 

Schedule   debate 491-498 

Slough's   motion    to    expel    Hutchinson 469—470 

"Scullduggery"    committee's    report 467—468 

Western  boundary  in  preamble  reconsidered 534,  536—537 

Articles'  discussions: 

Preamble   and   bill   of    rights 219-221.  262-264.  271-291,  535-536 

Preamble    (boundaries  question)    262—264 

Preamble    (northern   boundary)    204-205,  384-396 

Executive  department    (art.    1 ) 354—355 

Legislative   department    (art.   2) 139—145 

Judicial   department    (art    3.) 156-168,  473-474 

Elections   (art.  4)    297-298 

Suffrage    (art.    5)     298-305 

Education     (art.    6) 175-183,  191-194 

Public    institutions    (art.    7) 194-195 

Militia     (art.    8) 147 

County  and   township   organization    (art.    9) 197—200 

County  and  township  organization    (art.  9),  reconsidei-ation 224—228 

Apportionment   of  representation    (art.    10) 358—361 

Finance   and  taxation    (art.    11) 325-329,  332-334 

Corporations    (art.    12) 104-105,  374-375 

Banks  and  currency    (art.   13) 106-112,  375-383 

Amendments    (art.    14) 320-321 

Miscellaneous    (art.    15).       (Homestead) 321-324,465,520-523 

Schedule    (originally   art.    16),    loses   its    number 558 

Reports : 

Ordinance-    363-365 

Preamble     186-187 

Bill    of    rights 187-189 

Executive  department    (art.    1  ) 336-347 

Legislative   department    (art.    2) 112—114 

.ludiciary   department    (art.    3) 145-147 

Klections    (art.    4) 269 

Suffrage    (art.   5) ! 269-270 

Education     (art.    6) 170-171 

I'ublic    institutions    (art.    7) 170-171 

Militia    (art.    8) 147 

County  and  township  organization    (art.  9) 189-190 

Aliportionment    of    representation     (art.    10) 357—358 

Finance  and  taxation    (art.    11) 306-307 

Amendments    (art.    14) 270 

Miscellaneous    (art.     15).       (Homestead) 270—271 

Schedule     190-191 

Northern    boundary,    special    committee   of    13 204 


General  Index.  753 

CoxvKNTiox  Sessions — conchided. 

Session  Days :  PAGES 

First,   July   5.    1  859,   a.  m.   and  j).  ni 25 

Second,  .Tuly   6,   1859 25-   34 

'I'hird.  July   7.   1859 34-   52 

Fourth,    July    8,    1859 52-   69 

Fifth,  July   11,   1859,   a.  ni.  and  p.  m 69-  95 

Sixth.    July   12,    1859,    a.  m.    and   p.  m 95-122 

Seventh,  July    13,    1859,    a.  ni.    and   p.  ni 122-147 

Eighth,   July    14,    1859,   a.  m.   and  p.  )n 148-183 

Ninth,   July    15,    1859,   a.  m.   and  p.  m 184-223 

Tenth,    July    16,    1859,    a.  in.    and    p.  m 224-264 

Eleventh,  July  18,    1859,   a.  m.   and  p.  m 265-305 

Twelfth,   July    19,    1859,   a.  m.   and   p.  m 305-329 

Thirteenth,   July   20,    1859,    a.  m.   and  p.  m 329-361 

Fourteenth,   July  21,   1859,   a.  m.   and  p.  m 362-383 

Fifteenth,   July   22,   1859,    a.  in.    and   p.  m 384-434 

Sixteenth.  July  23,   1859,  a.  in.  and  p.  m 434-460 

Seventeenth,  July   25,    1859,   a.  m.   and   p.  m 460-471 

Eighteenth,   July  26,   1859,   a.  m.   aaid  p.  m 471-498 

Nineteenth,  July  27,    1859,   a.  in.   and  p.  m 498-519 

Twentieth,   July   28,    1859,    a.  m.    and  p.  m 519-544 

Twenty-first,   July   29,    1859,    a.  in.   and  p.  m 545-573 

COUNTIES    REPRESENTED     2,5-26 

Allen  ;  Signor,  J.  H. 

Anderson;  Blunt,  J.  G. 

Atchison  :  Graham,  Robert,  and  two  others. 

BoiRBON  and  two  others;   Griffith,  W.  R. 

Brkckenriuge    (see  Osage). 

Brown  ;   Kingman,  Samuel. 

Bi'TLER   (see  Madi.son). 

Chase  (see  Osage). 

Clay   (see  Waubonsa). 

Coffey  and  one  other;  Hoffman,   S.  E. 

Davls    (See  Waubonsa). 

Dickinson    (See  Waubonsa). 

Doniphan  ;   Stiarwalt,  J.,  and  four  others. 

DoRX    (see  Bourbon). 

Douglas;  Thacher,  S.  O.,  and  six  others. 

Franklin;  Hanway,  J. 

Godfrey   (see  Madison). 

Greenwood  (see  Madison). 

HiNTER   (see  Madison). 

Jackson  ;  Moore,  E. 

Jeffkrso.k;  McClellan,  C.  B. 

Johnson  ;    Barton,   J.   T.,    and  one  other. 

Leavenworth;   Parks,   P.  S.,  and  nine  others. 

Linn  :    Lamb,  Josiah,   and  one  other. 

LvKiNs;   Dutton,   W.  P.,  and  one  other. 

McGee    (see   Bourbon). 

Madison  and  five  others;   Lillie,  G.  H. 

Marshall  and  one  other:   Middleton,  J.  A. 

Morris  (see  Osage). 

Ne.maha;  Wright,  T.  S. 

Osage  and  five  others;  McCullough,   Win. 

Pottawatomie;   Palmer,  L.  R. 

Richardson   (see  Waubonsa). 

Riley;    Houston,    L.    B. 

Shawnee;    Ritchie,   John,  and  two  others. 

48 — 778 


754  Gener.\l  Index. 

Counties  Rbpresexted — concluded. 
Washington  (see  Marshall). 
WArBONSA  and  four  others;  Ross,  E.  G. 
Weller   (see  Osage). 
Wilson   (see  Madison). 
Wise   (see  Osage). 
Woodson   (see  Coffey).  pages 

Copies    constitution    pamphlet 561 

Copv  of  completed   constitution   submitted 535 

Corporal's   guard    after   twenty-three    years 673-674 

Corporations    (art.    12) 79,  96-104,  104-105,  374-375,  551-552 

Credentials'    committee    named 21 

Credentials'   committee  report   adverse   Wyandotte   delegates 26 

Crocker,  A.    (see  "members  of  convention"). 
Counties  represented  in  the  convention. 

County   and  township   organization    (art.   9) 189-190.  195-200,  221-228,  365 

373-374,  549-550 

D. 

Debates,  Great  (see  "great  debates"). 

Debts,    Assumption   of   Territorial 482-488,  493-494 

Delegates  to  convention   (see  "members,  etc.") 

Delegates  select  seats 23 

Democratic  members  refusing  to  sign  constitution 671 

Denial  of  public  schools  to  negroes    (see   "great   debates  of  convention"). 
Discussions  (see  "discussions  of"  the  several  articles  under  "convention  sessions" 

and  under  "committees  of  the  whole"). 
Districts,  convention   (see  "convention  districts"). 
Dutton,  W.  P.   (see  "members  of  convention"). 

E. 

Education    (art.    6)    report 170-171,172-174.191-194.431-432,434,548 

Education    articles    adopted 548 

Education  and  public  institutions    (art.   6)   report 1'75 

Education  and  public  institutions,   committee  report 170—171 

Elections  and  electors    (renamed   "suffrage").      (Arts.  4,   and  5)..    292—305,512—517,547 

Electors  and  elections    (arts.  4   and   5)    adopted 517,  547 

Electors  and  elections  committee  report 269—270 

Electors  and  elections  article  report  considered 512—517 

"Equal  and  inalienable  natural  rights"    (see  "Kingman"). 

Espy    mentioned 23 

Exclusion  of  free  negroes,  debate  (see  "great  debates  of  the  convention"). 

Executive   (art.   1 ) 346-355,  466-467,  541 

Executive  article  reported   and   adopted 466—467 

Executive  article,  report  committee  on 354 

Executive  article  verified 541 

Explanation  of  vote  by  W.  R.  Griffith  and  four  others 121 

F. 

Finance  and  taxation   (art.   11) 306-307,  325-329,  332-334.  471,  550-551 

Finance  and  taxation  article  adopted 471,  551 

Finance   and  taxation   committee  report 306—307,  332 

Finance   and   taxation   considered 325—329 

Foreword  by  .James  L.  King 5_     o 

Foreword  by   Winfield    Freeman 6 

Forman,  J.  W.   (see  "members  of  convention"). 
Fo.ster,  R.  C.   (see  "members  of  convention"). 

Freedom    speech,    Thacher 179-181 

Freeman,    Winfield    o 

Free  negroes  not  excluded 698 

Funk,  J.  M.,  elected  doorkeeper  convention 22 


General  Ixdex.  755 

G. 

Graham,  Robt.    (see  "members  of  convention").  pages 

Graham.   R.   St.  C,   enrolling  clerk 69 

Geeat  Debates  of  the  Convention: 

Banking  and  currency   84—94,    96—142 

Boundaries    of   the    state    205-219,  229-236,  237-240,  243-264.  384-396 

Compensation    to    legislators     123—124 

"Equal    and    inalienable    natural    rights" 271—285 

"Higher"   vs.    "Fugitive    Slave    Law" 273-285 

Homestead    (in  committee  of   the   whole) 308—320 

Homestead   (in  convention)    331-334.  337-345 

Judicial   salaries    159—167 

Membership  of  convention    41—51,     58-   65 

Negroes*    rights    and    privileges 175—183.  191—192 

Origin  of  bills  in   legislature 126—129 

Prohibition   of   intojficating  liquors    (Preston's  motion) 457—459 

Prohibition    of   intoxicating   liquors    (Ritchie's   motion) 76 

Representation  from  Chase,  Morris  and  Wyandotte  counties 41—  51 

"Scullduggerj  "     396-402,  435-442,  467-471,  477 

Veto   power 1 29-132 

"Greatest   Speech  of  the   Convention"    (Thacher) 179—181 

Greer,  J.  P.    (see  "members  of  convention"). 

Griffith,  W.  R.    (see  "members  of  convention"). 

Gunn's  Kansas  map    122—123 

H. 

Habeas  corpus.     See  "bill  of  rights,"  title  "Constitution,"  sec.  8,   and 287,  575,  601 

Hanway,  J.    (see  "members  of  convention"). 

Higher   education   provided   for 698 

Hinton,  R.  J.,  enrolling  clerk 69 

Hippie,  S.    (see  "members  of  convention"). 

Historic  peace  act   7 

Hoffman,  S.  E.  (see  "members  of  convention"). 

Homestead  Clause — 
Arguments : 

Blunt    318,  323-324,  341-348 

Blood,    J 310,  312,  338 

Burnett     312,  319 

Greer     318 

Griffith     309,  309,  311,  314-315,  315,  319,  321,  323 

Houston     307-308,  308-309,  310-311,  316,  326,  340-341 

Hutchinson     315,  319 

Ingalls      319  et  al.,  324 

Kingman 317,  318,  337-338 

Lamb     311 

McDowell     320,  323 

Preston     311-312,  319 

Ritchie     343-344 

Stinson     317,  318 

Thacher    312-313,  319,  338-339,  344,  345 

Winchell     308,  312,  313,  313,  313-314,  315,  316.  317,  317,  319,  320,  339 

Wrigley      321-322  et  al.,  324 

Blood's  motion  to  reconsider 555 

Blunt's  resolution  for  separate  vote  on 517,  520—523 

Debate,  committee  of  the  whole 308-320 

Decisions   supreme   court   upon 645—647 

Debates     270-271,  308-325,  337-345,  517-518,  520-523,  537-538, 

555,  556,  Stone's  opinion  671,  popular   699—700 


756  General  Index. 

HOMBSTKAD   Clause — ronrhitlnl.  PAGES 

Foster   introduces  the  homestead  resolution 76—  77 

Kingman's  great  speech  for 337—338 

Kingman's  speech   in   committee   of  the   whole 318 

Motions: 

Blood,     J 308,  318-319,  320,  320,  322 

Blunt     ' 310,  340,  344 

Burnett     310.  310,  319,  323,  323 

Burris     339-340 

Foster 315 

Graham     344,  344,  345 

Greer     316,  320,  345 

Griffith     312,  344,  344 

Hubbard     316 

Hutchinson     313,  withdrawn  313,  316.  319 

Ingalls    319,  323,  323 

McDowell      317,  323 

Ross 337 

Slough     323,  337 

Stinson 315-316,  317 

Thacher,    appeals    313.    316,    317.    320,    323.    337,    clause    adopted    345, 
345,  and  remarks  520. 

Winehell     308.  withdrawn  312,  317,  345 

Wrigley     313 

Recommendation   of  phraseology   committee 517—518 

Roll  calls    323,  324,  344-345 

Schedule  provides  separate  vote 556 

Separate   vote   on 645 

Separate   adoption.      Note,    sec.   9.   art.    15.    645.    sec.    25.    schedule,    650   and 
note  to  same. 

Text  of   constitution   concerning 558—559,  591,  645,  645?i,  650 

Text  of  homestead  clause.     Note,   sec.  9,   art.   15 645 

Thacher's    substitute,    debate   on 337-31:5 

Houston,  E.  D.   (see  "members  of  convention"). 
Hubbard,  E.  M.    (see  "members  of  convention"). 

Hubbard's  protest 519 

irubbard-Hutchinson    fiasco   postponed    531 

Hutchinson,  W.    (see  "members  of  convention"). 

Hutchinson   per.jun-   charge,   report  and  consideration 508-511,  524-534,  538 

I. 

Ingalls,  J.  .T.    (see  "members  of  convention"). 

Internal   improvement,    finance   and   taxation 11,  328 

Intoxicating  liquors,  prohibition  of    (see  '^prohibition,  etc."). 

J. 

Judicial    (art.    3) 14.5-147.  148-168,  47.3-474,  474-475,  505-506,  517,  544 

.Tudiciary    article    adopted 506 

Judiciary,   committee  on,   report    (Kingman) 145-147 

Judiciary    article   verified 517 

K. 

Kansans'    claims   commission    icijort 94 

Kansans'    claims   for  losses 55_  55 

KaK.SA.S    CoKSTITfTION'AI.     CONVKXTIO.NS  : 

Leavenworth    663—664 

Lecompfon    663 

Topeka    663 

Wyandotte    664 

King,  James  L 5_     g 

Kingman,  S.  A.   (see  "members  of  convention"). 


General  Index.  757 

Kingman,  S.  A.,  great  speeches  of:  pages 

Convention,   homestead    337—338 

Committee  of  whole,  homestead 318 

"Inalienable  rights"    282-283 


Ladies,  resolution  thanking 559 

Ladies'  response  to  thanks 561—562 

Lamb,  J.   (see  "members  of  convention"). 

Leavenworth    Constitution     706—707 

Leavenworth    Constitutional    Convention 663—664 

Leavenworth   delegation    refused   to   sign 571 

Lecompton   Constitution    707-713 

Lecompton    Constitutional    Convention 663 

Legislative    (art,   2) 112-121,  123-134,  13,5-139,  139-145,  471-473,  541-544 

Legislative   department    (art.   2),      (See   "discussion  of"   and   "reports   on"   under 
"Convention   Sessions,") 

Legislative,  department    committee   report    (Thacher) 112 

Legislative    department    article    adopted 473 

"Liberty,    generous    sunshine    of" 671 

Lillie,  G.  H.    (see  "members  of  convention"). 

List   of   convention   committees 68—  69 

List  of  members   of  convention 14 

Liquors,    alcoholic,    prohibition   of 76,  457 

Location    of    capital 396-402,  442-455 

"Lost  to  sight"   after  twenty-three  years 674 

M. 

McClellan,  C.  B.   (see  "members  of  convention"). 

McCulIough,   \Vm.    (see  "members  of  convention"). 

McCune,  A,  D,    (see   "members  of  convention"). 

McDowell,  Wm.  C.    (see  "members  of  convention"), 

Martin,  John  A,,  biographical,  elected  secretary,  temporary  secretary,  5,  655—656,      20,     15 

Martin,  John  A.      (Appendix  C-2,  "The  Wyandotte  Constitutional  Convention."),   663-675 

May,  Caleb   (see  "members  of  convention"). 

Members  of  convention,  list  of 14 

MEMBERS   OF  THE   CONVENTION    (Individual  records)  — 
(See,  also,  roll  calls.) 

Akthve,  J.   M.,   representing  Linn   county. 
Committees — 25,  68, 
Mention  of — 14,  660. 
Motions  by — 39,   77,  298,   559. 
Remarks  by — 443,  469.  480. 

B.\RTON,  J.  T.,   representing  Johnson   county. 

Committees — 68-69. 

Mention  of — 14. 

Motions  by — 16,  116,   119,  122,  345,  356    473,  508,   551. 

Remarks  by — 120,  122,  395,  396. 
Blood,  James,  representing  Douglas  county. 

Committees — 68,   69,   Bennet  363,  Hutchinson  477. 

Mention   of — 14,    15,   Blanchard  20. 

Motions  by — 100,  102,  103,  103,  104,  109,  110,  123,  135,  withdrawn 
135,  149,  150,  withdrawn  150,  153,  158,  161,  withdrawn  166,  167, 
174,  189,  201,  257,  288-289,  292,  294,  299,  305,  308,  318-319,  320, 
320,  368,  378,  379,  480,  483,  488,  494,  495,  496,  499,  499,  499, 
500,  513-514,  518,  520,  524,  536,  536,  536,  555,  558,  560,  561, 
561,  563,  565,  573,  573. 

Remarks  by — 85,  91-92,  92,  93,  97,  101.  103-104,  110-111,  138,  138, 
149,    153,    154,    154,    155,    160-161,    165,    167,    203,    204,    205,    205, 


758  General  Index. 

Members  of  the  Convention — continued. 

205,  221,  222-223,  227,  230,  241-242,  242,  253-254,  260,  296,  298, 
298,  299,  310,  312,  322,  338,  366,  366,  369-370,  370,  370-371,  376, 
379,  393,  399,  448,  483,  485-486,  491,  493,  495,  496,  497,  501,  502, 
502,    507,    514,    514,    515,    515,    515-516,    521,    536,    537,    548,    548. 

548,  549-550,  550,  552,  552,  552,  553,  555,  557-558,  558,  558, 
564. 

Reports  of — 363-365,  499-500. 
Blood,  N.  C,  representing  Douglas  county. 

Committees — 68,   95. 

Mention  of — 14. 

Motions  by — 175,   547,   559. 

Remarks  by — 326,  440. 

Reports  of — 474,  560. 
Blunt,  J.  G.,  representing  Anderson   county. 

Committees — 25,  68. 

Mention  of — 14,  biographical   661. 

Motions  by — Warren  20,  22,  34,  35,  36,  38.  65,  70-71.  72,  '  i,  76,  77, 
102,  115,  132,  133,  136,  137,  140.  142,  144,  168,  174,  191,  192, 
192,  193,  194,  withdrawn  194,  195,  199,  200,  202,  referendum  203, 
203,  219,  241,  241,  263,  276,  292,  294,  299,  304,  310,  320,  321, 
344,  348,  348,  350,  354,  383,  Mrs.  Nichols  383,  433,  435,  443,  443, 
446,  450.  453,  455,  457,  460,  withdrawn  460,  464,  464,  465,  492, 
withdrawn  492,  492,  493,  498,  511,  512,  516,  homestead  517,  529, 
529,   529,   529-530,   544,   553-554. 

Remarks  by — 21,  34,  35,  36,  37,  38,  43-45,  53,  58-59,  66,  70,  73,  75, 
76,  77,  85-86,  87-88,  90.  91,  99-100,  116,  118-119,  127,  131-132, 
134,  134,  136-137,  144-145,  150,  160,  165-166.  173-174,  174,  176- 
177,  192,  192193.  193.  199,  202,  referendum  203,  203,  219,  225, 
226,  241,  244-248,  256,  268,  276-279,  280,  299,  303.  e.xplanation 
304,  318,  323,  "nigger"  325,  privilege  332,  332,  346,  349,  colloquy 
with    chair    356,    362-363.    380,    398,    435.    437,    438,    443,    443-445, 

446,  457,  459,  484,  493-494,  495.  497,  497,  503,  507,  510,  510- 
511,  512-513,  520-521,  524,  531,  533,   542,  564-565,  565. 

Reports  of 147. 

Brown,   F.,   representing   Leavenworth   county. 
Committees — 68 . 
Mention  of — 14. 
Motions  by — 57,   67,    67-68,   126,   135,    195. 

Birnett,  J.  C,  representing  Bourbon,  McGee  and  Dorn  counties. 
Committees — 25,   68-69. 
Mention   of — 14,   biographical   600. 
Motions   by — 152,    172,    172,   288,    310,    319,    323,    323.    357,    449,   531, 

553. 
Remarks  by — 118.    131,   158,    194,   265,   266,   280,   294,   312,   319,    378, 

447,  449. 

BuRRl.S,  J.  T.,  representing  Johnson   county. 

Committees — 25,  68. 

Mention  of — 14,  biographical  060-661. 

Motions  by — 33,  73,  102,  118.  124,  138,  139,  142,  142,  156.  157,  163, 
withdrawn  163,  167,  167,  168,  192,  195,  222,  225,  230,  240,  286, 
289,  withdrawn  293,  295,  301,  302,  303,  327,  346,  348,  352,  355, 
367,  381,  435,  450,  493,  494,  508,  512,  513,  514,  516,  517,  533, 
536,   545,   550,   553,   558,  attesting  559,   564,   572,   572,   572. 

Remarks  by — 33,  66,  74,  87,  92,  119,  135-136,  136,  138,  151,  151, 
152,  155,  156-157,  158,  163,  176,  197,  197-198,  198,  223-224,  225- 
226,  228,  230-231,  231,  293.  299,  327,  328,  344,  349,  353,  353, 
353,  354,  367,  379,  381,  395,  396,  436,  450,  452,  483,  484,  485, 
489,    489,    495,    496,    496,    502-503,    513,    513,    515.    533.    537,    542, 

549,  551,   553,  558,   560. 


General  Index.  759 

Members  of  the  Conventiox — continned. 

Crocker,  A.,  representing  Coffey  and  Woodson  counties. 
Committees — 25,  68. 
Mention  of — 14. 

Motions  by — 102.   petition    184,    184,   370,   520,    572. 
Remarks   by — 67,    97. 
Button,   W.  P.,  representing  Lykins  county. 
Committees — 68-69. 
Mention  of — 14,  biographical  661. 
Motions  by — 174,   471. 
FoRMAX,  J.  W.,  representing  Doniphan  county. 
Committees — 69. 
Mention  of — 14. 
Motions  by — Barton  18,   Spencer  20,  Ca.stleman  20,  24,  25,   77-78,   120, 

121,   124,   126,   173,  204. 
Remarks  by — 117. 
Foster,  R.  C,  representing  Leavenworth  county. 
Committees — 68-69. 
Mention  of — 14,  biographical  661. 
Motions  by — homestead  76-77.   133.   134,  242,  243,  260,  273,  289,  315, 

482,  509. 
Remarks  by — 132,    133,    224,    241.    244.    256,    260,    260-261,    273,    449- 
450,  492,  511. 
Graham,  Robt.,  representing  Atchison  county. 
Committees — 21,  68,  79-80,  477. 
Mention  of — 14,  600. 

Motions  by — 22,  77,  95,  100,  104,  104,  105-107,  120,  123,  134,  138, 
159,  221,  221,  222,  222,  227,  228,  228,  229,  withdrawn  230,  260, 
264,  344.  344.  ;i45,  357.  361,  442,  448,  454,  4  64.  477,  482,  492, 
510,  538. 
Remarks  by — 48,  62.  privilege  69,  71,  86-87,  88,  89,  89,  90,  101-102, 
105-107.  110,  120,  120,  128.  138,  138,  143.  143,  159,  161,  202-204, 
266,  300-301,  450,  452,  470,  478-479,  481,  483,  485,  486-487,  492, 
Hutchinson  509,  510,  510,  510,  524,  538,  540,  548.  550,  550. 
Reports  of — 78. 

Greer,  J.  P.,  representing  Shawnee  county. 

Committees — 21,   57,  68.   95. 

Mention  of — 14. 

Motions  by — 21.  23.  37.  38,  72.  102.  133,  140,  142.  143.  144,  151, 
172,  227,  230.  241,  295.  320,  345,  345,  396,  442,  442,  457.  with- 
drawn 457,   457,   472-473,   473,   488,   491,   491,   504,   516,    534,    563. 

Remarks  by — 37,  50-51,  75,  90,  98,  125.  125,  128,  130,  151,  162-163. 
163,  172-173,  272-273,  280-281,  291,  318,  331,  345,  345,  346,  378, 
393,  396,  399-400,  436,   436-437,   442-443,   445,   454,   491,    503. 

Reports  of — 25  26,  40.   346-347. 

Griffith,  W.  R.,  representing  Bourbon,  !\rcGee  aud  Doru  countie.s. 

Committees — 21,  68-69. 

Mention  of — 14.   biographical   660. 

Motions  by — 15.  AVinehell  18.  18,  20.  22,  22,  23,  27,  29,  37,  58,  71,  71, 
76,  94,  123,  128,  172.  226,  withdrawn  226,  226-227,  312,  316,  328, 
359,  383,  402.  457.  497,  504,  506,  528,  withdrawn  528,  551,  553, 
554,  558,  559. 

Remarks  by — 18,  21-22,  45,  58,  67,  73,  76,  76,  115-116,  130-131,  137, 
137,  169,  172,  173,  173,  174,  175,  182.  199,  221.  224-225,  230,  243, 
279-280.  298,  309.  311,  314-315,  315,  319,  321,  323,  326,  328,  360, 
361,  377,  380,  382,  395,  401,  446-447.  447,  453,  454.  457,  469.  494, 
496,  497,  497.  504.  504,  509,  509,  522,  522,  529.  530,  531.  533, 
534.  534.  538.  539,  543,  547,  564. 

Reports  of — 170-171.   171. 


760  Gexeral  Index. 

Members  of  the  Coxvextiox — continued. 

Hanway,  J.,  representing  Franklin  county. 
Committees — 68,  95,  431,   54.5. 
Mention  of — 14. 

HiPPLE,  S.,  representing  Leavenworth  toiinty. 
Committees — «8,    135. 
Mention  of — 14. 
Motions   by — 29,    153,    156.    157,    ]  75.    195.    299.    withdrawn    299.    331, 

352,  355,  401,  435,  508,  516,  517. 
Remarks  by — 401,  436,  445,  526,   557. 

HoFFltAX,  S.  E.,  representing  Coffey  and  Woodson  counties. 
Committees — 68. 
Mention  of — 14. 
Motions  by — 24,   78,   125,  286,  290,   290,   326,  328. 

Houston,  S.  D.,   representing  Riley  county. 

Committees — 68-69,  270-271. 

Mention  of — 14. 

Motions  by — 29,  65.  67,  70.  72.  89.  92.  petition  95-96,  96.  96.  12J. 
123,  123,  125,  132,  134,  150,  150,  184,  197,  231-232,  271,  271, 
295,  326,  370,  402,  504.   504,   504,   509,   511,  517,   529,   544,   550. 

Remarks  by — 22,  35,  60-61.  73-74,  92-93,  97-98.  Ill,  111-112.  124. 
128-129,  131,  134,  161,  173,  182-183,  194,  198-199,  232-234.  256- 
260,  260,  307-308,  308,  309,  310-311,  316,  320.  320,  333-334,  334, 
370,  371,  372.  372,  386.  389,  393,  394,  452,  483-484,  487-488,  491. 
494-495,  497.   502,   503,   503,   521,   521-522,   540,   540.   542 

Reports  of — 191. 

Hi'BB.\RD,  E.  M..  representing  Doniphan  county. 
Committees — 68. 
Mention  of — 14. 
Remarks  by — 467,  468,  468,   474. 

Hutchinson,  W..  representing  Douglas  county. 

Committees — 25,   68,   195. 

Mention  of — 14. 

Motions  by — 21,  22-23,  23,  23.  36.  40.  petition  72.  72.  74.  77,  88,  91, 
92,  94,  103,  121,  123,  135,  152,  156,  167,  168,  228,  229,  288,  295, 
297,  300,  304,  petition  305,  305,  313,  withdrawn  313,  316,  319, 
325,  326,  333,  350,  351,  354,  354,  355,  362,  451.  461-462,  464. 
464,  473,  534,  546,  withdrawn  546,  556,  557,  560.  563,  566,  peti- 
tion 698. 

Remarks  by— 21,  37.  73,  75,  94,  99,  100,  101,  110-117.  127,  136,  137. 
144.  169,  171.  184-186,  220,  226.  228,  229,  231,  231,  242.  281- 
282,  289,  300,  305  306,  315,  319,  327,  303,  379.  379-380,  451. 
456,  456,  458,  459,  463,  463-464,  465.  472,  523.  524.  534.  53 Ik, 
537,  543,  545-546,  548,  560,  562-563.   564,   566. 

Ing.\L1,S.  J.  J.,  representing  .\tchison  county. 

Committees — 25,  68-69,  Bennett  363,  365,  535,  670. 

Mention  of — 14,  biographical  660. 

Motions  by — 92.  96,   123.  228.  228,  269,   288,  289,  305,  319,  323.  32.^. 

336,    362,    366,    402,    434,    468,    468,    498,    498-499,    504,    504,    534, 

535,  544,  551-552. 
Remarks  by — 319,  324,  336,  362,  363,  368,  433,  460,  473,  Hutchinson 

colloquy  498,   507,  518,   535,   541,   546,   548,   552,   554,  554.   555. 
Reports  of — 330,  431-432,  433,   456,  460,   466-467.   471,   471-472,   473- 

474,  505,   506,  511-512,   517,   535,   535. 

KiNOMAN.  Samuel  A.,  representing  Brown  county. 
Committees — 15,  21.  68-69. 
Mention  of — 14,  660. 


General  Index. 


761 


Members  of  the  Coxvextiox — continued. 

Motions  by — 20,  24,  30,  32,  32,  34,  57,  67,   72,  87,  83,   110,  115.   147, 

151,    153,    155,    157.    172.    172,    196,    196,    204,    223,   226,   229,   229, 

241,    257,    264,    269,    282-283,    307,    320,    321,    434,    451,    456,    466, 

469,   475,   482,   535,    535,   546,   555-556,   556. 
Remarks  by — 32,    63,    75.    87,   89,    107,    107-108,    135,    139,    150,    151, 

151,    155,    155,    156,    176,    184,    197,   226,    226,   228,   254,    264,    264. 

266,  282-283.  290.  317,  318,  330.  337-338,  361.  372,  376,  395,  396, 

437,  455,  457,  463.  469,  470,  473,  486,  491.  531,  531,  541-542,  542- 

543,   543,   543,   5.51,   553,   554.   554.   558. 
Reports  of — 145-147. 

L.\MB,  J.,   representing   Linn   county. 
Committees — 68. 
Mention  of — 14.    660. 
Mention  of — 660. 
Motions  by — 123.  287. 
Remarks  by — 183,  252-253,  287,  311. 

Lille,    G.    H.,    representing:   Madison,    Butler.    Hunter.    Greenwood.    Godfrey 
and  Wilson  counties. 

Committees — 68-69,   477. 

Mention  of — 14,  biographical  660. 

Motions  by — 78,   115.   120,   125,   140,   151,   193,  224,   547,   558. 

Remarks  by — 78,  143,  154-155,   156,  156,   172,  224,  224,  225,   280. 

McClellax,  C.  B.,  representing  Jefferson  county. 
Committees — 21,    68,    95,    Bennett    363. 
Mention  of — 14. 
Motions  by — 24,  32.   66,   74,   75-76,   104,   124,   132,  139,   159,   307,   335, 

360,  361,  498,  498,  523,  547,  564. 
Remarks  by — 20,  92,  100,  120,   139,  163,   377,   572. 

McCullough.  Wm..  representing  Osage,  Keller,  Wise,  Breckenridge,  Morris 
and  Chase  counties. 

Committees — 25,   68,  Bennett  363. 
Mention  of — 14. 

McCtTXE,  A.  D.,  representing  Leavenworth  county. 
Committees — 68-69,   477. 
Mention  of — 14. 
Motions  by — 77,   77. 

McDowell,  Wm.  C,  representing  Leavenworth  county. 

Committees — 25,    68,   169,    172. 

Mention  of — 14,   biographical  658. 

Motions  by — ^24,  24,  30,  72,  84.  103,  104,  "nigger' 
140,  140,  141,  141,  145,  150,  150,  152.  153,  157 
175,  194,  219,  219,  219-220,  withdrawn  220,  221,  222,  229  ,230,  272 
286,  290,  297,  298,  302.  317,  321,  323,  "nigger"  324-325,  with 
drawn  326,  326,  329,  330,  331,  333.  354,  375,  383,  384,  432,  462 
462,  475,  477,  477,  491,  493,  495,  496,  500,  withdrawn  500,  505 
511,  518,  519,  519,  524,  524,   544,  548,  549,  552,   558. 

Remarks  by — 59-60,  76,  84-85,  103,  117-118,  124,  129-130.  152,  153 
154.  154.  155,  155,  164-165,  178-179,  201,  201  202.  202,  229,  234 
237,  242,  265,  272,  272,  275-276-291,  298,  302.  320,  323,  323.  326 
330,  333,  334,  privilege  343,  348,  348.  357,  358,  359,  359-360 
366,  380-381,  382,  384,  390-393,  437-438,  453,  453,  456,  462,  465 
468,  470,  personal  474,  477-478.  482.  483,  483,  491,  495.  502,  504 
507,  507,  507,  524-525,  527,  527-528.  apology  538.  539,  552,  552 
558. 

Reports  of — 476-477. 
May,   Caleb,  representing  Atchison  county. 

Committees — 68. 

Mention  of — 14.  660. 


121,    129,    134 
158,    168.    168 


762  General  Index. 

Mkmbers  of  thk  Coxvextiox — contiinied. 

Motions  by — 132,   136,   147,  269,   536,   537,   537,  556-557. 
Remarks  by — 47-48,   133,  133,   133,   537,  537,   537,   564. 
MiDDLETON,  J.  A.,  representing  Marshall  and  Washington  counties. 
Committees- — 68,  95. 
Mention  of — 14. 

Moore,  E.,  representing  Jackson  county. 
Committees — 68,  431. 
Mention  of — 14. 

Palmer,  L.  R.,  representing  Pottawatomie  county. 

Committees — 68-69,   95. 

Mention  of — 14. 

Motions  by — 295,  434. 
Parks,  P.  S.,  representing  Ijeavenworth  county. 

Committees — 68-69,  431. 

Mention  of — 14. 

Motions  by — 28,  31,  54-56,  72,  102,  126,  140,  150,  219,  301,  328,  329, 
396,   396,   465,   471. 

Remarks  by — 99,   117.   126,   368,   395,  433,  435,  436.  438.  438,  495. 

Report.s  of — 467. 
Perry,  W..   representing   Leavenworth   county. 

Committees — 68-69. 

Mention  of — 14,  70. 

Porter,  R.  J.,  representing  Doniphan  county. 

Committees — 68-69,  431. 

Mention  of — 14. 

Motions  by — 119,   140,   150,   150,  295.  355. 

Remarks  by — 101,  354. 
Pre.ston,  H.  D.,  representing  Shawnee  county. 

Committees — 68. 

Mention  of — 14. 

Motions  by — 121,    143,   prohibition   457,   457,   withdrawn   459,   549. 

Remarks  by — 116,  129,  132,  197,  199,  311-312,  319,  359,  376-377, 
435,   459.  459,  546. 

Reports  of — 357-358,  375-376. 

Ritchie,  John,  reresenting  Shawnee  county. 

Committees — 68. 

Mention  of— 14,   19. 

Motions  by — 15,  28,  29,  53,  prohibition  76.  76,  77,  139,  140,  147, 
168,  184,  petition  184,  301,  "nigger"  325,  348,  371,  397.  withdrawn 
399,  399,  withdrawn  400,  497,  514,  516,  516,  546,  withdrawn  572, 
572,   698. 

Remarks  by — 53,  61-62,  73,  128,  130,  181-182,  198,  198,  198.  227, 
255-256,  273,  276,  298-299,  393,  395,  397-398,  439,  440,  440-441, 
454,  494,  507-508,   514-515,   515,   516,   522,   546,   546,   546. 

Ro.S.s,  E.  G.,  representing  Waubonsa.  Richardson,  Davis,  Dickinson  and  Chiy 
counties. 

Committees — 25,  08-69,  535,  670. 
Mention  of — 14,  biographical  661. 
Motions    by — 24,    33,    37,    41,    54,    56,    120,    122,    133,    142,    223,    316, 

337,   371,   402,   402.   505,   550,   541.    551. 
Remarks   by — 51,    66-67,    69,    70,    117,    123,    i:il,    i:!;i.    133,    135,    265. 

331,   336,   345,   373,   481,   481,   563,   563,   564.   564.    565. 
Reports  of — 52. 
Stiarwalt,  J.,  representing  Donijilian  cdunty. 
Committees — 25,    68-69. 
Mention  of — 14. 


General  Index.  763 

Membees  or  THE  Convention — conlinued. 

Motions  by — 24,   174,  325,   357,  withdrawn  357,   561. 

Remarks  by — 91,   91,  158,  163,  254-255,  294,  314,   377-378,   447,   533, 

540-541. 
Reports  of — 26. 
SiGNOR,  J.  H.,  representing  Allen  county. 
Committees — 68-69,    431. 
Mention  of — 14. 

Simpson,  B.  F.,  representing  Lykins  county. 

Committees — 21,   68,   431. 

Mention  of — 14. 

Motions  by — 197,   307,   559,   561. 

Remarks  by — 139. 

Reports  of — 306-307. 
Slough,  J.  P.,  representing  Leavenworth  county. 

Committees — 25,  68,  307,  402,  477,   535,  verification  670. 

Mention  of — 14,   15,   19,  biographical  661. 

Motions  by — 15,  15,  17,  18,  20,  21,  22,  22,  23,  24,  28,  28.  29,  31,  36, 
37,  Wood-Espy  52,  54,  negroes  56,  56-57,  57-58,  77,  77,  78,  88,  94, 
102,  104,  110,  112,  114,  114-115,  115,  123,  124,  125,  126,  134,  134, 
135,  137,  139,  139,  142,  142,  142,  withdrawn  142,  143,  145,  147, 
147,  147,  147,  148,  149,  151,  153,  155,  156,  157,  167,  167,  169, 
169,  170,  171,  withdrawn  171,  172,  174,  189,  189,  190,  194,  195, 
195-196,  196,  196,  200,  201,  withdrawn  201,  204,  205,  205,  221, 
271,  283,  283,  289,  291,  291,  295,  295,  295,  297,  297,  297,  297, 
297,  301,  302,  323,  324,  326,  329,  333,  334,  335,  336,  337,  337, 
348,  348,  349,  withdrawn  349,  350,  350,  351,  354,  355,  359,  362, 
363,  365,  368,  371,  372,  372,  373,  373,  378,  379,  380,  382,  with- 
drawn 382,  402,  432,  435,  withdrawn  446,  446,  448,  448,  449,  with- 
drawn 452,  457,  460,  464,  466,  468,  469,  469,  477,  480-481,  481, 
510,   513,   519,  529,   530-531,   535,   545,   570. 

Remarks  by — 15,  16,  18,  36-37,  37,  39,  41-43,  60,  65,  66,  115.  119, 
120,  130,  137,  138,  139,  141,  148,  155,  168,  177-178.  189,  189,  191, 
196,  204,  204,  205,  205,  221,  221,  221,  265,  266.  267,  267-268,  290, 
292,  292-293,  293,  294,  295,  302-303,  330-331,  335-336,  349,  350, 
359,  362,  369,  369,  369,  370,  373,  378,  380,  380,  380,  435,  436, 
441,  451,  452,  452,  452,  453,  455,  457,  460.  467,  469,  509-510, 
510,  530-531,  531,  566-567,   670. 

Reports  of — 26,  26,  40-41. 
Stinson,  S.  T.,   representing  Leavenworth  county. 

Committees — 68-69,   229,   241,   Bennett  363. 

Mention  of— -14,  biographical  657-658. 

Motions  by — 15,  17,  17,  18,  18,  19.  21,  21,  23,  23,  27,  27,  27,  27,  28, 
28,  29,  41,  95,  110,  120.  124,  125,  126,  132,  134.  135,  141,  141, 
142,  143,  144.  149,  150,  151,  151,  155.  155,  157,  168,  168,  168, 
negroes  175,  191,  193,  194,  195,  205,  219.  220,  261,  263,  264,  266, 
266,  287,  288,  289,  290,  290,  303,  304,  305,  315-316,  317,  320,  333, 
333,  348,  348,  withdrawn  348,  351,  351,  351,  365,  366,  368,  371, 
371,  373,  376,  381,  383,  396,  401,  402,  431,  433,  433,  435,  449, 
458,  463,  464,  464,  468,  468-469,  471,  474,  480,  480,  482,  489,  492, 
498,  504,  507,  509,  516,  517,  520,  520,  536,  557,  557,  563,  563, 
565,  565,  572,  572-573. 

Remarks  by — 17,  19,  19,  20,  23,  24,  32,  43-49,  87,  96,  118,  129,  135, 
135,  138,  138,  138-139,  143,  151,  151,  156,  159160,  167,  175,  194, 
205,  220,  220,  262,  263,  264,  264,  266,  267,  284.  284-285,  290,  295, 
317,  318,  326,  326-327,  327-328,  333,  339,  348,  360,  362,  366,  366, 
367,  367,  373,  384-385,  401,  436,  437,  452,  452,  453,  453,  453,  453, 
453,  455.  459,  460,  462,  463,  463,  privilege  470.  479-480,  481,  489, 
491-492,  492,  500,   502,  502,   514,  518-519.  526,   526.  526,   526,  526, 


764  General  Index. 

Members  of  the  Conventiox — contimied. 

526,  527,  527,  531,  533,  533,  535,  535,  536,  537,  538.  554,  558,  558, 
559,  privilege  571,  571. 
Reports  of — 15,  191,  Bennett  371. 
Stokes,  Ed.,  representing  Douglas  county. 
Committees — 68-69. 
Mention  of — 14. 
Motion  by — 324. 
Remarks  by — 122,    522. 

Thaciier.  S.  O.,  representing  Douglas  county. 

Committees — 68. 

Mention  of — 14,  president  vro  tern.,  67. 

Motions  by — 15,  16,  17,  Martin  20,  22,  28,  38,  41,  54,  72,  74,  95, 
104,  112,  120,  120,  121,  122,  133,  135,  137-138,  139,  149,  151, 
152-153,  157,  157,  166,  169,  175,  194,  198,  withdrawn  199,  200, 
201,  204,  205,  219,  220,  221,  222,  222,  222,  260,  withdrawn  261, 
261,  264,  264,  266,  271,  "niggers"  271,  272,  287,  288,  290,  291, 
295,  305,  307,  313,  316,  317,  320,  323,  325,  333,  334,  336,  337, 
337,  345,  345,  348,  351,  351,  353,  353,  357,  368,  370,  383,  396- 
397,  402,  433,  433,  448,  520,  520,  homestead  520,  541,  541.  547, 
547,  548,  552,  561,  563,  563,  571. 

Remarks  by — 17,  19,  23,  33,  37,  39,  49-50,  66,  74-75,  76,  77,  104-105, 
108-109,  115,  115,  117,  120,  120,  122-123,  123,  123,  123,  125,  125, 
127,  128,  129,  130,  133,  133,  134,  135,  135,  136,  136,  137,  137, 
138,  138,  138,  139,  149,  151,  152,  155,  157,  157,  161,  171,  172, 
179-181,  189,  194,  196,  196,  197,  198,  198,  199,  202,  203,  204, 
205,  219,  219,  221,  221,  222,  224,  225,  230,  233,  237-239,  260, 
260,  261,  261,  265,  272,  272,  275,  285,  286,  293-294,  312-313, 
319,  321,  330,  330,  330,  331,  334,  335,  345,  345,  345,  345,  345, 
346,  346,  348,  349,  353,  353,  358,  359,  360,  361,  363,  366.  366, 
368,  369,  369,  369,  376,  377,  380,  380,  381,  385-386,  397.  398, 
400,  433,  433,  435-436,  438,  438-439,  440,  441,  442,  443,  447, 
447-448,  452,  455.  458,  525-526,  526,  531-533,  541,  542.  542.  543, 
547,  552,  557,  563,   563,  565,  571,   571,  659,   671. 

Reports  of — 329. 

ToWNSEND,  P.  H..  representing  Douglas  couiity. 
Committees — 68-69,  269-270. 
Mention  of — 14. 
Motions  by — 70,  305,  559,   560. 
Remarks  by — 122,   168,    196. 
Reports  of — 191. 

Williams,  R.  L.,  representing  Douglas  county. 
Committees — 68-69. 
Mention  of — 14. 

WlNCHELL,  J.  M.,  representing  Osage,  Wellcr.  Breckenridge,  Morris,  Chase 
and  AVise  counties. 

Committees — 535,  070. 

Mention  of — 14,  elected  president   19,  biographical  654-655. 

Motions  by— 18,  87,  88,  102,  102,  103,  126,  129,  132,  138,  138,  143, 
withdrawn  144,  144.  174,  174,  174,  200-201,  241,  282,  301,  302, 
304,  304,  305,  308,  withdrawn  312,  317,  345,  349,  350,  351.  354, 
366,   434,  488,  489,   withdrawn   489,   514,    543,   543-544,   561. 

Remarks  by — 19,  39,  69-70,  88,  89,  89-90,  91,  93,  94,  96.  100,  100- 
101,  103.  118.  118,  124.  125.  126-127.  127-128,  129,  133,  138.  139. 
140.  141.  142,  143,  143,  143,  174,  200-201,  201,  201,  230,  230, 
230,  236,  237,  237,  241.  242.  242,  243,  264,  265,  282,  283,  283- 
284,  285,  293.  295.  296.  299-300,  312.  313,  313,  315,  316,  317. 
319,    320,    330,    349.    349,    352,    354,    367,    367,    368.    381-382,    383. 


General  Index.  765 

Members  of  the  Convextiok^ — rnncludeil. 

389-390,  434,  459,  488,  489,  489,  491,  491,  .508,  514,  539-540,  540, 
542,  543,  543,  543,  553,  561. 
Wrihrt,  John,  representing  Leavenworth  county. 
Committees — 68. 
Mention  of — 14. 

Wright,  T.  S.,   representins;   Xemalia   county. 
Committees — 25,  68-69. 
Mention  of — 14. 
Motion  by — 19.3. 
Remarks  by — 162,   466. 

Wrigley.   B.,  representins;  Doniplian   county. 
Committees — 68. 
Mention  of — 14. 

Motions  by — 35,  37,  39,  40,  76,  89,  96,  103,  123,  132,  133,  141, 
143,  143,  144,  144,  148,  withdrawn  161,  161,  172,  197,  200,  219, 
230,  withdrawn  231,  241,  260,  261,  269,  271,  271,  273,  287,  303, 
304,  313,  350,  368,  400,  434,  461,  462,  462,  465,  519,  536,  537. 
Remarks  by — 35-36,  62-63,  89,  91,  93-94,  94,  97,  141,  148-149,  149, 
161-162,  162,  200,  222,  242,  244.  248-252.  261.  264,  273-275,  313- 
314,  317,  321-322,  324,  350,  383,  398,  434,  445-446,  451,  452, 
536,   538,  538-539,  563. 

PAGES 

Members   received   pay    .scrip 572 

Membership    of   verification    committee 670 

Memorial,  Wood-Espy    40—  52 

Memorial   ordinance    article 499—500 

Memorial.   Nebraska    (see   "northern   boundary"   and  "preamble"). 

Mention  of  General  Pomeroy  and  Editor  Key.ser,  honorary  seats 184 

Mention  Messrs.  Parks  and  Clough,  of  Missouri 184 

Meyer   Memorial,    from   table 381 

Meyer's  protest,   allowance  of  bill 523—524 

Militia  committee,  report  on    (Blunt ) -.  .  .  147 

Militia,    report   on 365 

Miscellaneous    article   adopted 459—460 

Middleton,  ,T.  A.    (see  "members  of  convention'). 

Militia     (art.    8) 147.  365,  372-373,  549 

Militia    article   adopted 549 

Miscellaneous    (art.    15).      (Homestead.) 270-271,  308-325,  334,  335-337,  337-345 

45.5-460,  517-518.  520-523,  555,  555-556 

Miscellaneous    article    adopted 556 

Moore,  E.   (see  "members  of  convention"). 

Morris   and   Chase   representation 27,  28,  29—  30,     32 

Motion  to  sign  the  constitution 566 

Motions,   acknowledgment  to  officers,   Arthur 559 

"Mulattoes"'  joined  with  "negroes"  in  all  discriminatory  i^rovisions   (see  "negroes, 
etc."). 

N. 

Nash,  Ed.  S.,  journal  clerk 69 

Nativity  of  members   (see  "members  of,  etc."). 

Nebraska   delegation    70 

Committee  of  credentials,   report   on 95 

Nebraska  Memorial   (see  "northern  boundary"   and   "preamble"). 

New  England  Emigrant  Aid  Company 500—505 

New  men  and  old  stagers   (see   "Appendi.x  C-2"). 
Negro  exclusion  proposals: 

Advantages   of   schools 172,  175-183,  192,  193 

Control  of  own  person  denied 272 

Refused   right   of   .suffrage 299-302,  303-304,  465-4>'i8 


766  General  Index. 

Negro  exclusion  proposals — concluded.  pages 

Entrance  to  public   institutions 175 

McDowell's  new  section  "Miscellaneous" 324—325 

Maintain   "white"    in   suffrage  article 300—301 

Cannot   come  to,   nor  settle   in   Kansas 325-465 

Privilege  of  settling  denied 56 

Prohibited    from    immigration 121 

Refuse  right  of  residence 77 

Stinson's  new  section  to  education  article 195 

Suspend  anti-servitude  clause  for   12   months 492 

United  States  laws  on  slavery  enforced 273—236 

Nichols,  Mrs.  C.  H.  J.,  mention  of 72 

Northern  boundary  of  state.     See   "boundaries"   and 70,  95,  121,  122,  204,  205-219 

229-230,  230-236.  237-240,  243-245,  250-261,  262-264,  384-396 

Addresses,   Reeves     205-212 

Taylor      212-217,  239-240 

Committee  of  thirteen,   appointed      122 

Committee  of  thirteen,   ordered     121 

Committee  of  thirteen,   membership     122 

Committee   of  thirteen,   report      204 

Explanation   of   votes 396 

Great   debate   on 384-396 

Memorial  to  Congress  proposed 384—396 

O. 

Oath   taken   by   members 24 

Oath  taken  by  officers  of  convention 24 

Officers   of   convention    after   twenty-three   years 674—675 

Ohio   constitution    chosen   as   basis   of   action 39—  40 

Order  of  business,   committee 25 

Ordinance   (see  "discussion  of"   and  "reports  of"   under   "Convention   Sessions"). 

Ordinance — Land  grants  for   schools  and  roads 171,  363-365,  365-371,  433,  499 

Ordinance    memorial    adopted 505 

Ordinance  memorial,   roll  call 505 

Organization  of  convention.     See  "Appendix  C,"   and 15-656 

Chairmen    of    committees 656 

Officers  of  Convention: 

Blanchard,   J.   L.,    assistant  secretary;    Davis,    Werter   R.,    chaplain;    Martin, 
John  A.,  secretary;   Thacher,   S.  O.,  president  pro  tern.;   Warren,   Geo.  F., 

sergeant-at-arms ;    Winchell,    J.    M.,    president 654-656 

Orthography   of  "Wyandotte"    (Winchell) 550 


Palmer,   L.   R.    (see    "members   of  convention"). 

Pamphlet   copies   of   constitution 561 

Parks,  P.  S.   (see  "members  of  convention"). 

Peace  act,   historic 7 

Perdue,  Rosa  M. : 

Mention    of    5 

"Sources  of  the  Constitution  of   Kansas" 676—695 

Perry,   W.    (see   "members  of  convention"). 

Phraseology    and   arrangement   committee   reports    (see    "committees"    under   title 
"Convention"). 

Phraseology    and    arrangement    committee,    authority 379-382 

Phraseology    and    arrangement   committee    increased 402 

Phraseology   and   arrangement   committee  report  on   homestead  clause 517—518 

Political  affiliations    (see   "members,   etc."). 
Porter,  R.  J.   (see  "members  of  convention"). 

Preamble    184-187,  205-221,  228-264,  460-465,  535-537 

Preamble  and  bill  of  rights     219-221 

Preamble  and  bill   of  rights   adopted    465 


General  Index.  767 

PAGES 

Preamble   and  bill  of  rights,   collated    and    corrected 535 

Preamble  considered     264 

Preamble   and   bill   of  rights   considered    228-229,  271-291 

Preamble,  ordinance  and  bill  of  rights  finally  adopted 538 

Preamble   and  bill  of  rierhts.  report  phraseology   and   arrangement    committee.  .  .  .  460—461 

President    announces    standing    committees 52 

President    named    credentials    committee 21 

Preston,   H.  D.    (see  "members  of  convention"). 
Printing : 

Daily   Commercial  Gazette 29 

Official    reports    562-563 

Wyandotte   Gazette    563-565 

Prohibition  of  intoxicating  liquors: 

Amendment — Table   1,    "Appendix    A"     593 

Table   5,    "Appendix   A"     595,  647 

Preston,    resolutions    by 457—459 

Ritchie,   resolutions  by 76 

Prohibition   of  liquors    in    constitution 457—459 

Prohibition  of  intoxicating  liquors  (Preston)     457 

Prohibition   of  intoxicating  liquors  (Ritchie)     76 

Prohibitory   debate    457—459 

Property    rights    of    women 698-699 

Protest    of    Slough    et    al 65-   66 

Protest   on   Wyandotte    representation    %-ote 65 

Publication  debates  and  proceedings 560 

Public  institutions   (art.  7) 171,  174-183,  194-195,  432,  549 

Public   institutions,    article   adopted 549 

Q. 

Quarter   century   of   constitution 672 

R. 

Railroad  and  school  lands 38 

Railroad  and  swamp  lands,   ordinance 499 

Reasons  for  Kansas'    constitution   failures 701—702 

Records  of  the  convention 559 

Reeves,  delegate  from  Nebraska,  address   (see  "northern  boundary"). 

Reeves    (Mr.),    Nebraska,    addresses   committee 205-212 

Referendum  presented  by  Blunt 203 

Referendum   remarks  by   Blunt 203 

Referendum,  all  laws  ratified  by  people  (Blunt) 203 

Refusal  to  sign  constitution,  Slough's  reasons 566—567,  569 

Registrj-   law,   schedule 494-495 

Remarks  on  Slough's  refusal,  Thacher 567-570 

Remarks  prefacing  report  on  bill  of  rights,   Hutchinson 184-186 

Reporters  of   convention,    thanks   to 573 

Reports   (see   ""report  on"   the  several  articles  under  "Convention  sessions"). 
Reports: 

Bennet  committee    '. 371 

Commissioners    of    claims 403-430 

Ordinance  committee  memorial 499—500 

Petition    woman's    rights 329 

Scullduggery    committee    467 

Verification    committee    670 

Representation   (see  "apportionment"). 

Representation   by    counties   in   the   convention    (see   title    "Counties   represented, 
etc."). 

Republican    members   signing   constitution 671 

•Resolutions   adopted^ 558 


76S  Gexeral  Index. 

PAGES 

Resolutions    (memorial)     499-505,  512,  557—558 

Ritchie,  J.   (see  "members  of  convention"). 

Ritchie.   J.,  resolution,  prohibition  of  intoxicating  liquors 76 

Roll  calls  (120) — first  16-17.  election  of  president  18-19,  27,  30,  Wyandotte 
delegation  32,  51,  52,  54,  58,  63-64,  64.  65,  65-66,  land -question  72,  78,  109, 
110,  112.  McDowell's  negro  resolution  121,  140,  141,  141-142,  144,  strike  out 
"white"  in  militia  article  147,  157,  159,  161.  167,  172.  negro  exclusion  schools, 
175,  193,  negro  excluded  194,  195,  195,  221,  222.  227,  261,  264,  264,  267, 
269,  271,  271,  282,  285,  286,  slavery  abolished  287,  288,  292,  297-298,  299, 
301,  301,  302,  denying  negro  suffrage  303,  303-304,  304,  304,  323,  homestead 
clause  324,  325,  326.  344-345,  355,  355,  361,  361,  361,  363,  376,  378,  379. 
882,  382-383,  395,  396,  401,  401-402,  432,  441-442,  442.  443,  448,  449, 
450,  450,  454,  455,  455.  Topeka  capital  457,  prohibition  457-458,  462.  464, 
464-465,  469-470.  477.  480,  480.  482.  suspension  slavery  492,  493,  495.  497- 
498.  500.  505,  509.  511.  511,  513,  533,  516,  516,  separate  submission  home- 
stead 523,  528,  tie  531,  534,  call  of  house  570.  adopting  constitution  as  a  whole 
570-571. 

Roll   of  delegates  called ■ 18 

Ross,    E.   G.,    assistant   secretary 13 

Ross,  E.  G.    (see  "members  of  convention"). 

S. 

Schedule — 54-56,  77,  190-191,  200-204.  291-292,  305-306,  356.  482-498,  507- 
508,  556-557,  homestead  556. 

Schedule   article   adopted    498,  508,  557 

Schedule  article  report    507—508 

Schedule,   registry  law    494—495 

Schedule,  committee  of  whole  reports 491 

Schedule  report  of  committee  on    (Burris) 190,  191,  291 

Schools,    common,   provided   for 698 

"Scullduggery"   committee   appointed,   motion,   powers   extended,    reports....    396,431,432 

433,  467 
"Scullduggery"  debates   (see  "debates  of  the  convention,  great"). 

Select  committee  on  northern   boundary    (Forman),    report 204 

Selection  of  seats    31 

Sessions,  committee  of  the  whole   (see   "committee  of  the  whole,  etc."). 
Sessions  of  the  convention   (see  "Convention  sessions"). 
Signor,   J.   H.    (see  "members  of  convention"). 

.Simpson,   B.   F.    (see   "members  of  convention,"   "Wyandotte   Constitution" — "Ap- 
pendix  C " )     652-662 

Slavery  prohibited 698 

Slavery,  prohibition  of,   not  suspended 492 

.Slavery,   suspension  of  prohibition,   against 492 

Slough,  J.  P.    (see  "members  of  convention"). 

"Sources  of  the  Constitution."  "Appendix  D-2"   (Robert  Stone), 

Northern  boundary    697 

Ohio's  constitution   the   basis 697—698 

Sketch  of  origin,   by   articles 697-698 

Thacher,   greatest   speech   of   convention 697 

Sources  of  the  Constitution  of  Kansas    (Perdue) 5,  676—695 

Authorities   for    694-695 

.\rticle      1 ,   executive 679 

Article      2,   legislative     '. 679-683 

Article      3,   judiciary     683-685 

Article      4,    elections     685—686 

Article      5,    suffrage     686-687 

Article      6,   education     687-688 

Article      7,   public   institutions    688-689 


General  Index.  769 

Sources  of  the  Constitution  of  Kansas — concluded.  PAGES 

Article      8,    militia    689 

Article      9,    county  and  township  organization 689 

Article   10,   apportionment    689-690 

Article   11,   finance    and    taxation 690-691 

Article   12,   corporations    691 

Article   13.   bankin?   and   currency .• 691—692 

Article   14,    amendments    692 

Article   15,   miscellaneous    692—693 

Bill    of   rights 678-679 

Ordinance     676-677 

Preamble    678 

Resolutions     693-694 

Schedule   693 

Resume  of,  by  the  editor 695-696 

Speech  of  the   convention,    greatest    (Thacher) 179-181 

Standing  committees  announced 52 

"A  stately  youth"   of  twenty-three  years 675 

Stiarwalt,   J.    (see   "members   of  convention"). 

Stinson,  S.  T.    (see  "members  of  convention"). 

Stokes,  Ed.   (see  "members  of  convention").  ^ 

Stone,  Robert : 

Mention    5 

"Sources  of  the  Constitution" — "Appendix  D-2" 697-700 

Suffrage    (art.   5) 269-270,  548 

Suffrage  article  adopted 548 

"Sunshine  of  liberty."   generous 671 

Swamp   lands,    railroad    and 499 

T. 

Table   of   contents 3 

Taylor   (Mr.),  Nebraska,  addresses  on   "Northern  Boundary"' 212-219,  239-240 

Thacher,  S.  0.   (see  "members  of  convention"). 

Thacher,  speech  on  freedom 179-181 

Thacher,  T.  Dwight : 

Mention 5 

"The    Rejected   Constitutions" — "Appendix    E" 704-713 

Thanks  of  Convention: 

To  Chaplain  Davis   560 

To   reporters     573 

To  journal  clerk 572 

To   Leavenworth    Times    ' 561 

To   Vaughn,   J.   Champion 565 

To   Winchell,    president     559-560 

To   Wyandot    citizens     560 

Territory,  debts  of   (see  "debts"). 

Title   "Memorial"   changed  to   "Resolutions" 558 

Title  page  edition  of  1859 13 

Topeka : 

Capital    of    state 455 

Constitution    5,  702-706 

Constitutional    convention     663. 

Townsend,  R.  H.   (see  "members  of  convention"). 

V. 

Verification  Committee : 

How  constituted    535 

Members  of 535 

Work  of,  reviewed 670 

Verification  of  Constitution  : 

By    articles     535—557 

Constitution  as  a   whole 557 

49 — 778 


770  General  Index. 

PAGES 

Vote  on  Wood-Espy  memorial  report 51—  52 

Vote   on   Wood-Espy   remonstrance . 53—  54 

Vote    Wyandotte    honorary    seats.' 63—   65 

W. 

Warren,  G.  F.,  elected  sergeant-at-arms 20 

Western   boundary    229-235,  236,  244-245,  248-249,  257-261,  261-264 

461-462,  463-4Q4,  464,  534,  536-537,  546 

"White''  is  proposed  to  be  inserted  in  education  article 175 

Wild  cat  banking  paper  proscribed 698 

Williams,  R.  L.  (see  "members  of  convention"). 
Winchell,  J.  il.  (see  "members  of  convention"). 
Woman's  rights: 

Address   of   Mrs.    Nichols   discussed 72—  76 

Debate    72-   76 

Equal  in  control  and  direction   of  schools 122 

Hutchinson,  petition    72 

Report    on    petitions 329 

Ritchie,    petition    184 

Special  committee    169—170 

Suffrage    discussed    72—  7C 

Use  of  hall  granted  Mrs.  Nichols 383 

Women,  property  rights  of,  assured 698 

Wood-Espy    memorial    40—   52 

Wood-Espy  remonstrance    52—   54 

Wood,    Sam,    mentioned 23 

Wood,  S.  N.,  memorial 32 

Wrangling   over   apportionment   report 480—482 

Wrigley,  B.   (see  "members  of  convention"'). 
Wright,  John   (see  "members  of  convention"). 
Wright,  T.  S.  (see  "members  of  convention"). 

Wyandotte    Constitution a-1    Convention 664 

"Wyandotte  Constitutional  Convention"    (Simpson),    "Appendix  C" — 
Delegates  to  the  Convention: 

Ages   of    652-654 

Avocations  of 652—654 

Counties   of    652-654 

Debaters     660 

Leaders  of  thought   amongst 656—657 

Nativity  of    652-654 

New  men  and  old  stagers 654 

Old  stagers,   new  men   and 654 

Political  affiliations 652-654 

"Scullduggery"     investigation     661-662 

Subsequent   biography   of    660-661 

Territorial    legislators    amongst 655 

Thacher,    speech   on    "Freedom" 659 

Apportionment    "gerrymander"     670 

Boundaries     668 

Capital  at  Topeka 669 

Committees     666-667 

Features  of  the   constitution 668-669 

Foster,   author   of  homestead   clause 669 

Ingalls  truth   in  libel,   submitted   to  jury 6G9 

Kingman,    father   of   homestead 669 

Membership    664-666 

Origin  of  bills  in   house 668 

Progress   of  work 667-668 

Prohibitory    law    (Preston) 670 

Slavery  killed  in  Kansas 670 


General  Index.  771 

Wyandotte  Constitutional  Convention — concluded.  pages 

Topeka.    capital    669-670 

Verification  by   special   committee 670 

Winchell  on  origin  of  bills  in  house 668 

Working  body    660 

Wyandotte    delegation     16.  17,  18,  19,  20.  27,  31,  32,  34,  36,  57-  86 

Honorary  seats   allowed 78 

Wyandotte  Commercial  Gazette  proposition 562 

Wyandotte,    orthography    of 550 

English,    "Wyandot." 
French,  "Wyandotte." 
Indian,   "Wyanandot." 
Unauthorized,    "Wvandott." 


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